REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 54 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. 10 of 1995 determined under subsection 196B(3) of the VEA concerning Marfan syndrome and death from Marfan syndrome.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that Marfan syndrome and death from Marfan syndrome 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. 54 of 2007 concerning Marfan syndrome. 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, Marfan syndrome or death from Marfan syndrome 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 15 June 2005 concerning Marfan syndrome 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 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 'Marfan syndrome' in clause 3;
- deleting the factor concerning 'pregnancy';
- new definitions of 'death from Marfan syndrome'; 'ICD-10-AM code'; 'relevant service' and 'terminal event' in clause 6;
- deleting definition of 'ICD code' in clause 6; 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 Marfan syndrome in the Government Notices Gazette of 15 June 2005, 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. On 20 December 2006, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed Instrument and the medical-scientific material considered by the Authority. This letter emphasised the deletion of factor relating to pregnancy. The Authority provided an opportunity to the organisations to make representations in relation to the proposed instrument prior to its determination. No submissions were received for consideration by the Authority.
10. The determining of this new instrument finalises the investigation in relation to Marfan syndrome as advertised in the Government Notices Gazette of 15 June 2005.
11. 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. 54 of 2007 is a legislative instrument enacted under subsection 196B(8) of the Veterans’ Entitlements Act 1986. This instrument was introduced to address the problem of determining whether Marfan syndrome and death from Marfan syndrome can be related to particular kinds of service. The instrument revokes the previous Instrument No. 10 of 1995 and establishes a new Statement of Principles concerning Marfan syndrome. The new instrument reflects the latest medical-scientific evidence and adopts a revised format, clarifying its application under both the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act 2004. The Authority considered submissions from relevant organisations and individuals but did not receive any submissions during the investigation. The instrument's determination finalises the investigation into Marfan syndrome, ensuring that claims for compensation are assessed according to the most current medical-scientific evidence available.
Scope and Application
The Repatriation Medical Authority Instrument No. 54 of 2007, concerning Marfan syndrome, replaces the previously revoked Instrument No. 10 of 1995. This instrument applies to veterans and service personnel, as well as their dependants, and pertains to claims for compensation under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. Specifically, it addresses claims related to Marfan syndrome and death from Marfan syndrome that are connected to eligible war service, defence service, and peacetime service. The instrument sets out the factors that must exist and be related to the service rendered for a claim to be accepted. The instrument applies nationally and is determined by the Military Rehabilitation and Compensation Commission for claims concerning service injuries, diseases, or deaths occurring on or after 1 July 2004. The Authority has determined this new instrument following an investigation into the medical-scientific evidence regarding Marfan syndrome, and it incorporates the latest revised format and several updated definitions, including those for 'Marfan syndrome', 'death from Marfan syndrome', and 'relevant service'. The instrument is effective as of its specified date and is available for reference upon request.
Key Provisions
The Repatriation Medical Authority (the Authority) has issued Instrument No. 54 of 2007, which revokes the previous Instrument No. 10 of 1995 concerning Marfan syndrome and death from Marfan syndrome, as required by subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA). The new Instrument No. 54 is based on the current medical-scientific evidence indicating a probable connection between Marfan syndrome, death from Marfan syndrome, and certain types of military service. This instrument outlines the factors that must exist and be linked to specific kinds of service to establish a connection with Marfan syndrome or death from it. These service types include eligible war service, defence service, and peacetime service under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).
The new Statement of Principles, detailed in Instrument No. 54, sets out the criteria for determining whether Marfan syndrome or death from Marfan syndrome is connected to the service rendered by a person. This includes specific definitions and factors that must be related to the service, such as the removal of the factor concerning 'pregnancy' and the inclusion of new definitions for 'Marfan syndrome', 'ICD-10-AM code','relevant service', and 'terminal event'. The Authority followed due process by advertising its intention to investigate Marfan syndrome in the Government Notices Gazette on 15 June 2005 and inviting submissions from relevant parties. No submissions were received, and the Authority proceeded to determine the new instrument.
In terms of obligations, the new Instrument No. 54 imposes specific requirements on parties involved in claims for compensation related to Marfan syndrome or death from it. Claimants must demonstrate that the factors outlined in the instrument are met and related to the service they provided. This includes proving the connection between their service and the onset of Marfan syndrome or death from it. The instrument also mandates that the Authority consider the latest medical-scientific evidence when determining such claims. The Authority is obligated to apply the principles set out in the instrument when assessing claims made under section 319 of the MRCA for service injuries, diseases, or deaths occurring on or after 1 July 2004.
There are no specific offences or penalties outlined in the Instrument No. 54 itself. However, any breaches of the requirements or misrepresentations in claims related to Marfan syndrome or death from it could potentially lead to civil or criminal consequences under the VEA or the MRCA. For example, knowingly making false claims could result in penalties under the relevant Acts, including fines or other legal repercussions. The exact penalties would depend on the nature of the breach and the applicable laws at the time of the offence.