REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 2 of 2008
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. 234 of 1995 determined under subsection 196B(3) of the VEA concerning malignant neoplasm of the urethra and death from malignant neoplasm of the urethra.
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 urethra and death from malignant neoplasm of the urethra 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. 2 of 2008 concerning malignant neoplasm of the urethra. 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 urethra or death from malignant neoplasm of the urethra 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 28 June 2006 concerning malignant neoplasm of the urethra 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 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 neoplasm of the urethra' in clause 3;
- revising definition of 'relevant service' in clause 6;
- new definitions of 'death from malignant neoplasm of the urethra'; 'ICD-10-AM code' and 'terminal event' in clause 6;
- deleting definition of 'ICD code'; and
- specifying a date of effect for the Instrument in clause 8.
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 urethra in the Government Notices Gazette of 28 June 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 neoplasm of the urethra as advertised in the Government Notices Gazette of 28 June 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. 2 of 2008, issued under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the gap in the legislative framework concerning the connection between malignant neoplasm of the urethra, death from malignant neoplasm of the urethra, and specific kinds of service. The Authority, exercising its power under the Veterans' Entitlements Act, has determined a new Statement of Principles to replace the previously revoked Instrument No. 234 of 1995. This new instrument, based on sound medical-scientific evidence, outlines the circumstances under which malignant neoplasm of the urethra or death from such a condition can be related to eligible war service, defence service, or peacetime service. The enactment by the Repatriation Medical Authority aims to ensure that claims for compensation related to these conditions are assessed accurately and fairly, aligning with the policy objective of providing appropriate compensation and rehabilitation services to affected veterans and service personnel.
Scope and Application
The Repatriation Medical Authority Instrument No. 2 of 2008 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) addresses the connection between malignant neoplasm of the urethra and death from malignant neoplasm of the urethra with particular kinds of military service. This legislation applies to veterans, service personnel, and their dependants, specifically those who have rendered eligible war service, defence service, or peacetime service as defined in the Acts. The new Instrument No. 2 of 2008 replaces the previously revoked Instrument No. 234 of 1995 and is effective in determining claims for compensation that were commenced on or after 1 July 2004. The scope of this Act is national, applying across Australia, and it is administered by the Repatriation Medical Authority under the VEA and the Military Rehabilitation and Compensation Commission under the MRCA. The new Instrument incorporates a Statement of Principles that outlines the medical and service-related criteria necessary for establishing a link between the condition and relevant military service, thereby facilitating compensation claims for affected veterans and their families.
Key Provisions
The Repatriation Medical Authority (the Authority), pursuant to subsection 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA), has revoked Instrument No. 234 of 1995, which concerned malignant neoplasm of the urethra and death from malignant neoplasm of the urethra. In its place, the Authority has issued a new Statement of Principles, Instrument No. 2 of 2008. This new instrument reflects the latest medical-scientific evidence indicating a probable connection between malignant neoplasm of the urethra, death from malignant neoplasm of the urethra, and specific types of military service. It is intended to replace the previously revoked instrument.
The new Statement of Principles outlines the factors that must be present to establish a link between malignant neoplasm of the urethra or death from malignant neoplasm of the urethra and various types of service, including eligible war service, defence service, and peacetime service, under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA). Specifically, for a claim to be accepted, these conditions must be related to the service rendered by the individual. This Statement of Principles was determined in response to an investigation initiated by the Authority and notified in the Government Notices Gazette on 28 June 2006, in accordance with section 196G of the VEA.
The obligations imposed by this Act require the Authority to determine Statements of Principles based on sound medical-scientific evidence. The Authority must also ensure that these principles are communicated effectively to relevant parties, including veterans, service personnel, and their dependents. This involves advertising the intention to investigate and seeking submissions from various organisations and individuals with expertise in the field. In this case, although no submissions were received, the Authority proceeded with its determination based on the available evidence. Furthermore, the Authority must ensure that any new instrument adheres to the revised Instrument format and includes necessary definitions, such as those for 'malignant neoplasm of the urethra' and'relevant service.'
The Act also delineates the consequences for non-compliance or breaches related to the determination and application of the Statement of Principles. While specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory notes, the Authority's role in determining these principles is crucial for the adjudication of compensation claims under the VEA and MRCA. Any failure to accurately determine or communicate these principles could potentially affect the validity and acceptance of claims, leading to disputes or legal challenges. Therefore, the Authority must ensure the highest standards of medical-scientific evidence and procedural correctness in its determinations.