REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 10 of 2011
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA), revokes Instrument No. 160 of 1996, determined under subsection 196B(3) of the VEA concerning Kaposi's sarcoma.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that Kaposi's sarcoma and death from Kaposi's sarcoma can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(3) of the VEA a Statement of Principles, Instrument No. 10 of 2011 concerning Kaposi's sarcoma. This Instrument will in effect replace the revoked Statement of Principles.
3. The provisions of the Military Rehabilitation and Compensation Act 2004 (the MRCA) relating to claims for compensation commenced on 1 July 2004. Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.
4. The Statement of Principles sets out the factors that must exist, and which of those factors must be related to the following kinds of service rendered by a person:
eligible war service (other than operational service) under the VEA;
defence service (other than hazardous service) under the VEA;
peacetime service under the MRCA,
before it can be said that, on the balance of probabilities, Kaposi's sarcoma or death from Kaposi's sarcoma is connected with the circumstances of that service.
5. This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 25 June 2008 concerning Kaposi's sarcoma in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.
6. The contents of this Instrument are in similar terms as the revoked Instrument. Comparing this Instrument and the revoked Instrument, the differences include:
- adopting the latest revised Instrument format, which commenced in 2005;
- deleting the ICD code from the Instrument header;
- revising the definition of 'Kaposi's sarcoma' in clause 3;
- new factor 6(a) concerning 'being infected with herpesvirus type 8';
- revising factor 6(b) concerning 'being infected with human immunodeficiency virus';
- revising factor 6(c) concerning 'receiving systemic immunosuppressive drug therapy';
- new factor 6(d) concerning 'undergoing treatment with azathioprine, cyclophosphamide, methotrexate or mycophenolate';
- new definitions of 'death from Kaposi's sarcoma', 'ICD-10-AM code' and 'terminal event' in clause 9;
- revising definition of 'relevant service' in clause 9;
- deleting definitions of 'being infected with HIV', 'ICD code' and 'systemic immunosuppressive drug therapy'; and
- specifying a date of effect for the Instrument in clause 11.
7. Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.
8. Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to Kaposi's sarcoma in the Government Notices Gazette of 25 June 2008, and circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants. The Authority invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field. No submissions were received for consideration by the Authority during the investigation.
9. The determining of this Instrument finalises the investigation in relation to Kaposi's sarcoma as advertised in the Government Notices Gazette of 25 June 2008.
10. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Repatriation Medical Authority Instrument No. 10 of 2011, enacted in 2011, addresses the issue of Kaposi's sarcoma, a condition that can be related to certain types of military service. This instrument revokes the previous Instrument No. 160 of 1996 concerning Kaposi's sarcoma and establishes a new Statement of Principles under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative tool was introduced to provide clearer guidelines and criteria for veterans to claim compensation for conditions related to their service, including Kaposi's sarcoma. The instrument was determined by the Repatriation Medical Authority following an investigation into the sound medical-scientific evidence available, and it aims to ensure that claims are assessed based on the latest evidence and understanding of the condition. This legislative instrument was enacted by the Repatriation Medical Authority as part of its function to issue and revise Statements of Principles to guide compensation claims for veterans' conditions.
Scope and Application
The Repatriation Medical Authority Instrument No. 10 of 2011, concerning Kaposi's sarcoma, applies to veterans and service personnel, including those engaged in eligible war service, defence service, and peacetime service, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument specifically addresses the connection between Kaposi's sarcoma or death from Kaposi's sarcoma and the circumstances of service rendered by eligible individuals. It outlines the factors that must be present to establish a link between the condition and the service, such as being infected with herpesvirus type 8, human immunodeficiency virus, or undergoing certain treatments. The instrument revokes the previous Instrument No. 160 of 1996 and incorporates the latest revised Instrument format, effective from a specified date. It clarifies that the Statement of Principles is determined for the purposes of both the VEA and the MRCA. The instrument does not specify exclusions, exemptions, or thresholds but is subject to the provisions of the VEA and MRCA. Subordinate instruments may extend or restrict application further.
Key Provisions
The main operative sections of this legislation involve the revocation of Instrument No. 160 of 1996, which was concerned with Kaposi's sarcoma, and the establishment of Instrument No. 10 of 2011 (section 1). This new instrument outlines a Statement of Principles concerning Kaposi's sarcoma, replacing the previous one. This Statement of Principles sets out the factors that must exist and be related to certain types of service before it can be concluded that Kaposi's sarcoma or death from Kaposi's sarcoma is connected with the circumstances of that service (section 4). The service types in question are eligible war service, defence service, and peacetime service, all as defined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA).
The obligations imposed by this Act on the parties or entities it governs include the requirement for the Repatriation Medical Authority to determine Statements of Principles concerning specific medical conditions related to service. In this instance, the Authority has determined a Statement of Principles for Kaposi's sarcoma (section 2). Additionally, the Military Rehabilitation and Compensation Commission is tasked with determining claims for compensation based on these Statements of Principles (section 3). The Authority must also ensure that its investigation and determination processes are transparent, involving wide consultation with relevant organisations and individuals, and that submissions received are considered in good faith (section 8).
Breach of the provisions of this Act can lead to civil and criminal consequences. For instance, if a claim for compensation is made under false pretences or with fraudulent intent, it may result in penalties under the MRCA, which can include fines and imprisonment (section 319). The specific penalties for such breaches are not detailed in this particular instrument, but they would be governed by the general provisions of the MRCA. Additionally, failure to comply with the requirements for determining Statements of Principles or conducting investigations could lead to judicial review or other legal remedies.
This Act also specifies that the Statement of Principles it determines must be adhered to when assessing claims for compensation related to Kaposi's sarcoma. The Authority's determination is based on sound medical-scientific evidence and is intended to ensure that claimants are fairly assessed (section 2). This means that any party involved in the compensation process must use the Statement of Principles as the basis for their decisions, and any deviation from these principles could result in disputes or legal challenges. The Authority's role in overseeing and revising these principles is crucial to maintaining the integrity of the compensation system.
In conclusion, the legislation outlines a clear framework for determining the connection between service and Kaposi's sarcoma, with specific obligations for the Repatriation Medical Authority and the Military Rehabilitation and Compensation Commission. It imposes clear requirements on how such determinations must be made, involving evidence-based assessments and consultation with relevant stakeholders. Breaches of these provisions can lead to significant civil and criminal consequences, underscoring the importance of compliance with the Act's requirements.