REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 80 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. 40 of 2001 determined under subsection 196B(3) 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 on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 80 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 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, malignant melanoma of the skin or death from malignant melanoma of the skin 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 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';
- 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. 80 of 2007, enacted under the Veterans’ Entitlements Act 1986, addresses the issue of malignant melanoma of the skin and death from malignant melanoma of the skin in relation to particular kinds of military service. The Authority has revoked the previous Instrument No. 40 of 2001 in light of new medical-scientific evidence, determining a new Statement of Principles concerning malignant melanoma of the skin. This new instrument replaces the revoked Statements of Principles and is applicable to claims for compensation under the Military Rehabilitation and Compensation Act 2004. The Instrument sets out the factors that must exist and be related to eligible war service, defence service, or peacetime service before a connection can be established between malignant melanoma of the skin or death from malignant melanoma of the skin and the circumstances of that service. The Authority conducted an investigation and received no submissions during the process, finalising the investigation with the determination of this new instrument.
Scope and Application
The Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, through Instrument No. 80 of 2007, establish criteria and conditions under which malignant melanoma of the skin, and death from such melanoma, may be considered connected to particular kinds of service, including eligible war service, defence service, and peacetime service. This Act applies to veterans and service personnel who have rendered these types of service, and it encompasses the examination of relevant medical-scientific evidence to determine the probability of such connections. The instrument, issued by the Repatriation Medical Authority, revokes a previous instrument (No. 40 of 2001) and sets out updated factors and definitions pertinent to these conditions. The Statement of Principles detailed in this instrument serves to guide the Military Rehabilitation and Compensation Commission in determining compensation claims made under the MRCA for injuries or diseases, including malignant melanoma of the skin, sustained on or after 1 July 2004. The instrument applies nationally and is subject to modifications through subordinate instruments as necessary.
Key Provisions
The main operative sections of the Repatriation Medical Authority Instrument No. 80 of 2007 pertain to the determination of a new Statement of Principles concerning malignant melanoma of the skin and death from malignant melanoma of the skin under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA). This instrument revokes the previous Instrument No. 40 of 2001 and is based on the latest medical-scientific evidence indicating a probable connection between malignant melanoma of the skin and specific kinds of service. It sets out the factors that must exist and must be related to certain types of service to establish a link to malignant melanoma of the skin or death from such a condition (section 4). The instrument also aligns with the Military Rehabilitation and Compensation Act 2004 (MRCA) by specifying that claims for compensation for injuries or diseases sustained on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission using Statements of Principles issued by the Authority (section 3). The instrument adopts a revised format and includes new definitions and specifications (sections 6 and 7).
The Act imposes specific obligations on the Repatriation Medical Authority to conduct an investigation into conditions such as malignant melanoma of the skin, as notified in the Government Notices Gazette, and to consult with relevant stakeholders, including veterans’ organisations and experts in the field (section 8). The Authority is required to consider any submissions received during the investigation process before determining the new Statement of Principles. In this instance, no submissions were received for consideration (section 9). The Authority must also ensure that the new instrument is consistent with the latest medical-scientific evidence and reflects any changes in the understanding of the condition’s relationship with service.
Breaching the provisions of the VEA or MRCA by failing to comply with the requirements for determining Statements of Principles, or by providing false or misleading information, can lead to various legal consequences. Under the VEA, individuals who provide false or misleading information in claims for benefits may be subject to civil or criminal penalties. The MRCA also outlines potential penalties for providing false or misleading information, which can include fines and, in some cases, imprisonment. The exact penalties depend on the severity of the breach and are specified in the respective Acts. Failure to adhere to the statutory obligations could result in the invalidation of claims and potential legal action against the Authority or the claimants involved.