REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 79 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. 39 of 2001 determined under subsection 196B(2) of the VEA concerning malignant melanoma of the skin and death from malignant melanoma of the skin.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that malignant melanoma of the skin and death from malignant melanoma of the skin 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. 79 of 2007 concerning malignant melanoma of the skin. 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 malignant melanoma of the skin or death from malignant melanoma of the skin, 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 malignant melanoma of the skin 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 'malignant melanoma of the skin' in clause 3;
- revising factor 6(a) concerning 'sunburn';
- revising factor 6(c) concerning 'immunosuppressive drugs';
- new factor 6(e) concerning 'human immunodeficiency virus';
- revising definitions of 'ICD-10-AM' and 'relevant service' in clause 9;
- deleting definition of 'solar UV damage factor ratio';
- new definitions of 'immunosuppressive drugs' and 'solar UV exposure factor ratio' in clause 9; 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 malignant melanoma of the skin 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. 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 malignant melanoma of the skin as advertised in the Government Notices Gazette of 1 March 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. 79 of 2007, enacted under the Veterans' Entitlements Act 1986, was introduced to address the issue of malignant melanoma of the skin and death from malignant melanoma of the skin in relation to particular kinds of military service. This legislation was prompted by the need to revise the previous instrument, No. 39 of 2001, in light of new medical-scientific evidence that better elucidates the link between such conditions and specific types of service. The Repatriation Medical Authority, which is responsible for determining Statements of Principles concerning veterans' entitlements, revoked the previous instrument and issued this new one to ensure that claims for compensation related to malignant melanoma are assessed in accordance with the most current evidence. The Authority, acting under the authority vested in it by the Parliament, aims to provide a clear and updated framework for assessing these claims in line with the Military Rehabilitation and Compensation Act 2004.
Scope and Application
The Repatriation Medical Authority Instrument No. 79 of 2007, under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), outlines the criteria for determining whether malignant melanoma of the skin or death from malignant melanoma of the skin can be related to particular kinds of service. This instrument applies to veterans and service personnel who may have contracted malignant melanoma of the skin during their service, encompassing operational, peacekeeping, and hazardous service under the VEA, and warlike or non-warlike service under the MRCA. It is applicable nationally, as it is issued by the Commonwealth authority, the Repatriation Medical Authority. The new instrument revokes the previously determined Instrument No. 39 of 2001 and incorporates updates, including revised definitions and factors related to the medical condition, while maintaining the essential criteria for linking the service to the condition. No specific exclusions or exemptions are mentioned, though the instrument is designed to cover the full scope of relevant service types as specified. The instrument’s provisions can be extended or modified through subordinate instruments, ensuring that it remains aligned with the latest medical-scientific evidence and legislative requirements.
Key Provisions
The key provisions of Instrument No. 79 of 2007, under the Veterans' Entitlements Act 1986 ('VEA') and the Military Rehabilitation and Compensation Act 2004 ('MRCA'), focus on the connection between malignant melanoma of the skin, death from malignant melanoma of the skin, and certain types of military service. The Repatriation Medical Authority ('the Authority') has determined a new Statement of Principles (Instrument No. 79 of 2007) concerning malignant melanoma of the skin, which replaces the previously revoked Instrument No. 39 of 2001. This Statement of Principles outlines the minimum factors that must be related to specific kinds of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service, to establish a connection between the condition and the service (section 4). The new instrument adopts a revised format, includes updated definitions, and specifies a date of effect, clarifying its applicability under both the VEA and the MRCA (sections 6 and 7).
The Authority has imposed certain obligations on parties or entities governed by the Act. These include ensuring that claims for compensation under section 319 of the MRCA, concerning service injuries, diseases, or deaths on or after 1 July 2004, are determined by the Military Rehabilitation and Compensation Commission using the Statements of Principles issued by the Authority (section 3). The Authority is also required to undertake investigations into conditions such as malignant melanoma of the skin, as per section 196G of the VEA, and to consider sound medical-scientific evidence in determining the connection between these conditions and military service (section 5). The Authority must advertise its intention to investigate and invite submissions from relevant organisations and experts, although no submissions were received for this investigation (sections 8 and 9).
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the provided text. However, non-compliance with the requirements of the VEA and the MRCA, such as failing to adhere to the new Statement of Principles in assessing claims, could potentially lead to disputes or legal challenges. Given that the Statement of Principles serves as a guideline for determining liability for service-related conditions, any failure to apply it correctly could result in denial of compensation claims that might otherwise be valid. While the text does not specify penalties, breaches of the Acts' provisions could be subject to review by the relevant authorities, potentially leading to corrective actions or legal proceedings.