REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 14 of 2009
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. 26 of 2003 determined under subsection 196B(3) of the VEA concerning macular degeneration.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that macular degeneration and death from macular degeneration 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. 14 of 2009 concerning macular degeneration. 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, macular degeneration or death from macular degeneration 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 1 March 2006 concerning macular degeneration 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 the new Instrument are in similar terms as the revoked Instrument. 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 'macular degeneration' in clause 3;
- revising factor 6(a) concerning 'smoking';
- revising factors 6(c)(i) & (f)(i) concerning 'cataract surgery';
- new factors 6(b) & (e) concerning 'alcohol';
- new factors 6(c)(ii) & (f)(ii) concerning 'anticoagulant therapy or thrombolytic therapy';
- new factor 6(d) concerning 'smoking';
- new definitions of 'anticoagulant therapy' and 'thrombolytic therapy' in clause 9;
- revising definition of 'relevant service' in clause 9;
- 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 macular degeneration in the Government Notices Gazette of 1 March 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. Four submissions were received for consideration by the Authority during the investigation.
9. The determining of this new instrument finalises the investigation in relation to macular degeneration as advertised in the Government Notices Gazette of 1 March 2006.
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. 14 of 2009, concerning macular degeneration, was enacted under subsection 196B(3) of the Veterans' Entitlements Act 1986 (VEA) to address the gap in the legal recognition of the connection between macular degeneration and specific kinds of service. This instrument was introduced to provide a Statement of Principles which outlines the circumstances under which macular degeneration or death from macular degeneration can be considered related to the service rendered by a person. This is particularly relevant for eligible war service, defence service, and peacetime service as defined under the VEA and Military Rehabilitation and Compensation Act 2004 (MRCA). The instrument serves to replace the previously revoked Instrument No. 26 of 2003, reflecting updated medical-scientific evidence and incorporating the latest revised Instrument format. The policy objective of this legislation is to ensure that veterans and service personnel who have contracted macular degeneration, or whose death resulted from it, can make claims for compensation in accordance with the new Statement of Principles.
Scope and Application
The Repatriation Medical Authority Instrument No. 14 of 2009, issued under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), addresses the relationship between macular degeneration and specific types of military service, replacing the previously revoked Instrument No. 26 of 2003. This Instrument applies to veterans, service personnel, and their dependants who seek compensation for service-related macular degeneration or death from macular degeneration. It specifies the service types, including eligible war service, defence service, and peacetime service, under which a connection between the condition and service must be established. The Instrument's application extends to claims for compensation that commenced on 1 July 2004 under the MRCA, with the Military Rehabilitation and Compensation Commission determining these claims based on Statements of Principles issued by the Authority. The new Instrument revises and updates the previous guidelines, incorporating the latest medical-scientific evidence and clarifying definitions and factors relevant to the condition, while also reflecting the operational changes brought by the MRCA.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) are central to the legislative framework governing the entitlements and compensation claims of veterans and their families in Australia. The Repatriation Medical Authority (the Authority), exercising its powers under the VEA, has determined a new Statement of Principles, Instrument No. 14 of 2009, concerning macular degeneration, replacing the previously revoked Instrument No. 26 of 2003 (subsection 196B(8) and (3) of the VEA). This new instrument outlines the specific conditions under which macular degeneration or death from macular degeneration can be considered connected to certain types of service, including eligible war service, defence service, and peacetime service. The Authority's determination is based on the latest available medical-scientific evidence, which suggests a probable link between macular degeneration and the specified types of service (subsection 196B(3) of the VEA).
The Statement of Principles sets out detailed factors that must exist to establish a connection between macular degeneration or death from macular degeneration and service, including the type of service rendered, and the specific conditions that need to be met. For instance, the service must be of a kind that falls under eligible war service, defence service, or peacetime service, and the macular degeneration must be related to the service on the balance of probabilities. These factors are outlined in the new Instrument No. 14 of 2009, which includes revisions to the definitions and factors concerning macular degeneration, smoking, alcohol, cataract surgery, and therapies such as anticoagulant and thrombolytic therapy (clauses 3, 6, and 9).
The obligations imposed by the new Instrument No. 14 of 2009 on the parties involved, particularly veterans and their representatives, are to provide evidence that satisfies the criteria set out in the Statement of Principles. This includes demonstrating that the macular degeneration is related to the service on the balance of probabilities and providing relevant medical evidence and documentation. The Authority is required to consider all submissions and evidence provided by the parties, and the new instrument aims to ensure that the determination process is transparent and based on sound medical-scientific evidence. The Authority must also ensure that the Statement of Principles is accessible to relevant organisations and individuals, as stipulated in subsection 196E(1)(a) to (c) of the VEA.
Breach of the obligations set out in the Statement of Principles, such as providing false or misleading information, can result in serious consequences. While the document does not explicitly state penalties for breach, it is understood that providing false information in claims for compensation is a criminal offence under the VEA and the MRCA. Penalties for such offences can include substantial fines and imprisonment, reflecting the seriousness with which the Australian legal system treats fraudulent claims. The exact penalties would be determined by the courts based on the specific circumstances of the case and the severity of the breach.