REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 97 of 2007
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. 69 of 1995, as amended by Instrument No. 191 of 1995, determined under subsection 196B(2) of the VEA concerning lipoma and death from lipoma.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that lipoma and death from lipoma can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles, Instrument No. 97 of 2007 concerning lipoma. This Instrument will in effect replace the revoked Statements 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 as a minimum exist, and which of those factors must be related to the following kinds of service rendered by a person:
operational service under the VEA;
peacekeeping service under the VEA;
hazardous service under the VEA;
warlike service under the MRCA;
non-warlike service under the MRCA,
before it can be said that a reasonable hypothesis has been raised connecting lipoma or death from lipoma, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 28 June 2006 concerning lipoma in accordance with section 196G of the Act. 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 the new Instrument are in similar terms as the revoked Instruments. Comparing the new and the revoked Instruments, 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 'lipoma' in clause 3;
- new definitions of 'death from lipoma'; 'ICD-10-AM code'; 'relevant service' and 'terminal event' in clause 6;
- deleting definition of 'ICD code'; and
- specifying a date of effect for the Instrument in clause 8.
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 lipoma in the Government Notices Gazette of 28 June 2006, 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 new instrument finalises the investigation in relation to lipoma as advertised in the Government Notices Gazette of 28 June 2006.
10. A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.
Overview
The Repatriation Medical Authority Instrument No. 97 of 2007 amends the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by establishing a new Statement of Principles concerning lipoma and death from lipoma in relation to specific kinds of military service. This instrument was enacted to address the need for updated medical-scientific evidence linking lipoma and death from lipoma with particular kinds of military service, thus replacing the previous Instrument No. 69 of 1995, as amended by Instrument No. 191 of 1995. The Authority, under subsection 196B(2) of the VEA, has determined this new instrument based on the latest medical-scientific evidence, clarifying the conditions under which lipoma or death from lipoma can be considered related to certain military services, including operational, peacekeeping, hazardous, warlike, and non-warlike service. This legislative update ensures that claims for compensation are assessed in line with the most current medical understanding.
Scope and Application
The Repatriation Medical Authority Instrument No. 97 of 2007 applies to persons who have served in various capacities, including operational, peacekeeping, hazardous, warlike, and non-warlike service, as defined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation pertains to claims for compensation for injuries, diseases, or deaths related to service, specifically focusing on lipoma and death from lipoma, and it replaces the previously revoked Instrument No. 69 of 1995. The new instrument is determined under subsection 196B(2) of the VEA and applies to claims for injuries, diseases, or deaths that occurred on or after 1 July 2004, as governed by the MRCA. This instrument sets out the minimum factors required to establish a reasonable hypothesis linking lipoma or death from lipoma with the service circumstances, providing a clear framework for assessing claims related to these conditions. The instrument's application is national in scope, covering all veterans who meet the specified criteria and are eligible for compensation under the VEA and MRCA.
Key Provisions
The Repatriation Medical Authority has enacted Instrument No. 97 of 2007 under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) to replace the previously revoked Instrument No. 69 of 1995, which related to lipoma and death from lipoma. This new instrument, as determined under subsection 196B(2) of the VEA, reflects the Authority's view that there is sound medical-scientific evidence connecting lipoma and death from lipoma to particular kinds of military service. The instrument outlines the minimum factors that must exist to raise a reasonable hypothesis that lipoma or death from lipoma is related to specific types of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The new instrument incorporates the latest revised format, omits the ICD code from the header, revises the definition of 'lipoma,' and introduces new definitions for 'death from lipoma,' 'ICD-10-AM code,' 'relevant service,' and 'terminal event.'
Under this legislation, the Authority imposes obligations on military personnel, veterans, and their representatives to provide evidence that meets the criteria set out in the Statement of Principles for claims relating to lipoma or death from lipoma. These criteria must be linked to specific kinds of service as outlined in the instrument. The Authority requires claimants to furnish comprehensive medical and service records to substantiate their claims. Additionally, the Authority must ensure that the determination of the Statement of Principles is based on the soundest available medical-scientific evidence. It is also mandated to advertise its intention to investigate and invite submissions from relevant parties before finalizing the instrument.
Breach of the requirements or failure to comply with the provisions of the Statement of Principles may result in legal consequences. For instance, providing false or misleading information in a claim could be considered a criminal offence under the MRCA. The maximum penalties for such offences can include fines and imprisonment, depending on the severity and intent behind the breach. Additionally, any administrative errors or omissions by the Authority in the determination process could potentially lead to civil actions for compensation if claimants are adversely affected by such errors. The Authority is also subject to judicial review if claimants believe that the determination process was flawed or unfair.