REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 16 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. 65 of 1999 determined under subsection 196B(3) of the VEA concerning malignant neoplasm of the eye.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 16 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 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 neoplasm of the eye or death from malignant neoplasm of the eye 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 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';
- 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. 16 of 2010, enacted in 2010, addresses the problem of determining the connection between malignant neoplasm of the eye and service rendered by individuals, particularly in the context of service-related disabilities and death. This instrument was created by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986. The policy objective is to establish a Statement of Principles that outlines the necessary factors that must exist and be related to specific kinds of service, including eligible war service, defence service, and peacetime service, before it can be concluded that malignant neoplasm of the eye or death from such a condition is connected to the circumstances of that service. This new instrument replaced the previously revoked Instrument No. 65 of 1999, reflecting updated medical-scientific evidence and clarifying the relationship between malignant neoplasm of the eye and service rendered by veterans.
Scope and Application
The Repatriation Medical Authority Instrument No. 16 of 2010, concerning malignant neoplasm of the eye, applies to individuals who have served in eligible war service (other than operational service), defence service (other than hazardous service), or peacetime service, as defined under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The instrument establishes the conditions and factors that must exist for a connection to be established between malignant neoplasm of the eye or death from malignant neoplasm of the eye and the service rendered by the individual. The authority to issue this instrument stems from subsection 196B(3) of the Veterans’ Entitlements Act 1986 and it applies nationally within Australia. The instrument replaces the previously revoked Instrument No. 65 of 1999 and is effective from the date specified in clause 11 of the Instrument. It is pertinent to note that the Authority’s determination of the Statement of Principles for both the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 ensures consistency in the assessment of claims for compensation related to malignant neoplasm of the eye.
Key Provisions
The main operative sections of this legislation pertain to the revocation of Instrument No. 65 of 1999 concerning malignant neoplasm of the eye, as detailed in subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA). The Authority has determined a new Statement of Principles, Instrument No. 16 of 2010, concerning malignant neoplasm of the eye under subsection 196B(3) of the VEA. This new instrument replaces the revoked one and sets out the factors that must exist, and which of those factors must be related to eligible war service, defence service, or peacetime service, before it can be said that, on the balance of probabilities, malignant neoplasm of the eye or death from malignant neoplasm of the eye is connected with the circumstances of that service. The new instrument is also determined for the purposes of the Military Rehabilitation and Compensation Act 2004 (MRCA), as per subsection 196B(3A) of the VEA.
The obligations imposed by this Act include the requirement for the Repatriation Medical Authority (the Authority) to advertise its intention to undertake an investigation in relation to a condition in the Government Notices Gazette and to circulate a copy of the notice to a wide range of organisations and individuals, inviting submissions from those with expertise in the field. Additionally, the Authority must determine a Statement of Principles that outlines the necessary factors and their relationship to service rendered before a connection between the service and the condition can be established. The Authority must also ensure that the new instrument is in line with the latest revised Instrument format, and must provide a list of references relating to the condition upon request.
The legislation imposes penalties and consequences for non-compliance with the requirements set out in the Act. However, the specific details of these penalties and consequences are not provided in the explanatory notes. It is important for parties and entities governed by this Act to adhere to the obligations and requirements outlined in the Act to avoid potential legal repercussions.
In conclusion, the Repatriation Medical Authority has determined a new Statement of Principles concerning malignant neoplasm of the eye, which replaces the revoked Instrument No. 65 of 1999. This new instrument sets out the factors that must exist, and which of those factors must be related to eligible war service, defence service, or peacetime service, before it can be said that, on the balance of probabilities, malignant neoplasm of the eye or death from malignant neoplasm of the eye is connected with the circumstances of that service. The Authority is required to advertise its intention to undertake an investigation and to invite submissions from relevant organisations and individuals. The specific penalties and consequences for non-compliance are not detailed in the explanatory notes, but adherence to the Act's requirements is essential to avoid potential legal repercussions.