REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 98 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. 70 of 1995, as amended by Instrument No. 192 of 1995, determined under subsection 196B(3) of the VEA concerning lipoma and death from lipoma.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that lipoma and death from lipoma 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. 98 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 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, lipoma or death from lipoma is connected 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. 98 of 2007, enacted under the Veterans' Entitlements Act 1986, addresses the medical condition of lipoma and death from lipoma in service personnel, providing a clearer framework for determining compensation claims. This instrument was introduced to replace the previously revoked Statements of Principles concerning lipoma, reflecting the latest medical-scientific evidence. The Authority determined this Statement of Principles to provide a comprehensive basis for assessing claims for compensation related to lipoma under both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act 2004. This instrument aims to ensure that claims for compensation for service-related lipoma are determined fairly and based on sound evidence, facilitating appropriate recognition and compensation for affected veterans.
Scope and Application
The Repatriation Medical Authority Instrument No. 98 of 2007, concerning lipoma, applies to individuals who have rendered specific types of service, including eligible war service, defence service, and peacetime service as defined under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This Act sets out the criteria that must be met to establish a connection between lipoma or death from lipoma and the circumstances of service, thereby determining eligibility for compensation under these Acts. The instrument's jurisdictional reach extends across Australia, impacting veterans and service personnel nationwide. The Authority's determination of this instrument has effectively replaced the previously revoked Instruments No. 70 of 1995 and No. 192 of 1995. The Authority’s decision was based on the latest medical-scientific evidence, and while the instrument itself does not specify exclusions, exemptions, or thresholds, its application is contingent upon the fulfilment of the detailed criteria outlined within the Statement of Principles.
Key Provisions
The Repatriation Medical Authority has enacted Instrument No. 98 of 2007 under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) to revise the previous determination concerning lipoma and death from lipoma. This new instrument, which supersedes Instrument No. 70 of 1995, establishes a Statement of Principles (subsection 196B(3) of the VEA) indicating that it is more probable than not that lipoma and death from lipoma can be related to certain types of service (paragraph 2). These types of service include eligible war service, defence service, and peacetime service as defined by the VEA and MRCA. This determination is based on the sound medical-scientific evidence currently available (paragraph 2).
The new Instrument No. 98 of 2007 delineates the specific conditions and factors that must be present and related to the specified service types to establish a connection between lipoma or death from lipoma and service circumstances (paragraph 4). It adopts a revised format that was introduced in 2005, and includes updated definitions for terms such as 'lipoma', 'death from lipoma', 'ICD-10-AM code', 'relevant service', and 'terminal event' (paragraph 6). Additionally, this instrument has been determined for the purposes of both the VEA and the MRCA, reflecting the commencement of the latter (paragraph 7). The Authority ensured transparency by advertising its intention to investigate lipoma in the Government Notices Gazette of 28 June 2006, inviting submissions from relevant organisations and experts (paragraphs 8 and 9).
Entities governed by this Act must comply with the newly established Statement of Principles when making claims for compensation related to lipoma or death from lipoma. Claimants must demonstrate that their condition meets the criteria outlined in the Statement of Principles and is connected to their service under the VEA or MRCA (subsection 196B(3) of the VEA). This includes providing evidence that the lipoma or death from lipoma is related to eligible war service, defence service, or peacetime service as defined by the Acts. The Military Rehabilitation and Compensation Commission is responsible for determining claims under section 319 of the MRCA by referencing the Statements of Principles issued by the Authority (paragraph 3).
The legislation does not explicitly outline specific offences, penalties, or consequences for breach within the text provided. However, failure to comply with the requirements or providing false information in a claim could potentially lead to legal consequences under the relevant Acts, including the possibility of fines or other penalties as prescribed by the applicable laws. The precise penalties would depend on the nature and severity of the breach, as well as any additional provisions within the VEA and MRCA.