REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 15 of 2010
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. 64 of 1999 determined under subsection 196B(2) of the VEA concerning malignant neoplasm of the eye.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that malignant neoplasm of the eye and death from malignant neoplasm of the eye 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. 15 of 2010 concerning malignant neoplasm of the eye. 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 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 neoplasm of the eye or death from malignant neoplasm of the eye, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 30 April 2008 concerning malignant neoplasm of the eye 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 'malignant neoplasm of the eye' in clause 3;
- revising factor 6(a) concerning 'sunlight exposure to the face';
- new factor 6(c)(i) concerning 'manual welding equipment';
- new factor 6(c)(ii) concerning 'ultraviolet tanning device';
- new factor 6(d) concerning 'human papilloma virus';
- deleting 'Schedule 1' from the Instrument;
- new definitions of 'a tropical area' and 'equivalent sunlight exposure in other latitude zones' in clause 9;
- revising definitions of 'ICD-10-AM code' and 'relevant service' in clause 9;
- deleting definitions of 'being infected with Human Immunodeficiency Virus (HIV)' and 'solar UV damage factor ratio'; 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 neoplasm of the eye in the Government Notices Gazette of 30 April 2008, 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 neoplasm of the eye as advertised in the Government Notices Gazette of 30 April 2008.
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. 15 of 2010 was enacted to address the issue of malignant neoplasm of the eye and deaths from such neoplasms in relation to particular kinds of military service. The instrument was enacted under subsection 196B(2) of the Veterans' Entitlements Act 1986 and provides a new Statement of Principles to replace the revoked Instrument No. 64 of 1999. This new instrument sets out the minimum factors that must exist and be related to specific types of military service to establish a reasonable hypothesis connecting malignant neoplasm of the eye or death from such neoplasm with the circumstances of the service. The Authority determined this instrument following an investigation into the medical-scientific evidence available, and the new format of the instrument reflects changes in the Military Rehabilitation and Compensation Act 2004. The Authority advertised its intention to investigate and invited submissions from relevant organisations and individuals, but no submissions were received during the investigation. This new instrument finalises the investigation and provides a list of references for those interested in the medical-scientific evidence related to the condition.
Scope and Application
The Repatriation Medical Authority Instrument No. 15 of 2010, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses malignant neoplasm of the eye, replacing the previously revoked Instrument No. 64 of 1999. This instrument applies to individuals who have rendered specific kinds of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service, and who have sustained or are suspected to have sustained malignant neoplasm of the eye or died from it due to their service. The instrument sets out the minimum factors that must exist and be related to the service rendered to establish a reasonable hypothesis connecting the condition with the service. The new instrument, which comes into effect from a specified date, incorporates revisions to the format and definitions, clarifying its applicability for both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act. This legislative instrument applies nationally across Australia and extends its reach to all relevant veterans and service personnel, irrespective of their state or territory. The Authority's determination of this instrument concludes the investigation into malignant neoplasm of the eye, as initially announced in the Government Notices Gazette of 30 April 2008.
Key Provisions
The main operative sections of this legislation concern the revocation and replacement of a Statement of Principles regarding malignant neoplasm of the eye under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Specifically, Instrument No. 64 of 1999 was revoked and replaced with Instrument No. 15 of 2010, following an investigation by the Repatriation Medical Authority (the Authority) (sections 1 and 2). The new instrument sets out the factors that must exist to connect malignant neoplasm of the eye or death from malignant neoplasm of the eye with certain types of service rendered by a person (section 4). The Authority's investigation was advertised in the Government Notices Gazette of 30 April 2008 and no submissions were received during the investigation (sections 7 and 9).
The Act imposes several obligations on the parties it governs. The Authority is required to determine Statements of Principles concerning specific conditions related to service, based on sound medical-scientific evidence. The Authority must advertise its intention to undertake investigations and invite submissions from relevant parties. In this instance, the Authority determined that there is sufficient evidence to connect malignant neoplasm of the eye with certain types of service, and established the factors necessary to raise a reasonable hypothesis of such a connection (sections 2, 5, 7 and 8). The new instrument, Instrument No. 15 of 2010, sets out the specific factors that must exist to establish the connection between malignant neoplasm of the eye and service, and replaces the revoked Instrument No. 64 of 1999 (sections 4 and 6).
Breach of the provisions of this Act may result in civil or criminal consequences, depending on the nature and severity of the breach. However, the specific offences, penalties, or consequences are not outlined in the legislation provided. It is likely that the penalties for breach would be determined in accordance with the relevant Acts, such as the VEA and the MRCA, and could include fines, imprisonment, or other sanctions. The maximum penalties for breaches of the VEA and MRCA may vary depending on the specific provision breached and the circumstances of the offence. It is important for parties governed by this legislation to familiarise themselves with the relevant Acts and their associated penalties to ensure compliance.