REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 83 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. 52 of 1994, as amended by Instrument No. 199 of 1995, determined under subsection 196B(2) of the VEA concerning mesothelioma and death from mesothelioma.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that mesothelioma and death from mesothelioma 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. 83 of 2007 concerning mesothelioma. 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 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 mesothelioma or death from mesothelioma, 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 mesothelioma 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 'mesothelioma' in clause 3;
- revising factor 6(a) concerning 'asbestos fibres';
- new factor 6(b) concerning 'asbestosis';
- new factor 6(c) concerning 'thorium dioxide';
- new factor 6(d) concerning 'erionite fibres';
- deleting definitions of 'ICD code' and 'respirable asbestos fibre';
- new definitions of 'death from mesothelioma'; 'erionite'; 'ICD-10-AM code'; 'relevant service' and 'terminal event' 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 mesothelioma 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. One submission was received for consideration by the Authority during the investigation.
9. The determining of this new instrument finalises the investigation in relation to mesothelioma 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. 83 of 2007 was enacted under the authority of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, aiming to address the issue of mesothelioma and death from mesothelioma related to military service. This legislative instrument was introduced to replace the previous Statements of Principles, providing a comprehensive framework for determining compensation claims based on sound medical-scientific evidence. The Repatriation Medical Authority, acting under the provisions of the Veterans' Entitlements Act, determined the new Statement of Principles to ensure that claims related to mesothelioma and death from mesothelioma are assessed against specific service-related factors, such as operational, peacekeeping, hazardous, warlike, and non-warlike service. This instrument reflects an updated format and incorporates new definitions to ensure clarity and accuracy in the assessment process.
Scope and Application
The Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, as amended by Instrument No. 83 of 2007, govern the entitlements of veterans in relation to mesothelioma and death from mesothelioma. This legislation applies to veterans who have served in various capacities, including operational, peacekeeping, and hazardous service under the Veterans’ Entitlements Act, and warlike or non-warlike service under the Military Rehabilitation and Compensation Act. The new Statement of Principles, which replaces the revoked instruments, outlines the specific factors that must exist to connect mesothelioma or death from mesothelioma with the service rendered by the veteran. The Repatriation Medical Authority determines these Statements of Principles to ensure they reflect the latest sound medical-scientific evidence. The instrument’s application extends to both the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act, and it affects claims for compensation made on or after 1 July 2004. The Authority's investigation into mesothelioma, announced in the Government Notices Gazette of 28 June 2006, led to the creation of this instrument, which has been designed to address the evolving understanding of mesothelioma and its connection to military service.
Key Provisions
The Repatriation Medical Authority, under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA), has revoked Instrument No. 52 of 1994, as amended by Instrument No. 199 of 1995, concerning mesothelioma and death from mesothelioma. This action was taken due to the availability of new medical-scientific evidence suggesting a link between mesothelioma, death from mesothelioma, and specific types of military service. In its place, the Authority has issued a new Statement of Principles, Instrument No. 83 of 2007. This new instrument outlines the minimum factors necessary to establish a reasonable hypothesis connecting mesothelioma or death from mesothelioma with service rendered under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA).
The new Statement of Principles sets out the criteria for various types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service, which must exist for a claim to be considered valid. The criteria involve examining factors such as asbestos exposure, asbestosis, thorium dioxide, and erionite fibres, among others. These factors must be linked to the service in question to establish a reasonable hypothesis of a connection to mesothelioma or death from mesothelioma. The new instrument adopts a revised format, clarifies definitions, and specifies a date of effect, as well as making other minor changes to the previous instrument.
The Act imposes several obligations and requirements on the parties and entities it governs. The Repatriation Medical Authority is responsible for determining Statements of Principles and ensuring they are based on sound medical-scientific evidence. Claims for compensation under the MRCA, for injuries sustained, diseases contracted, or deaths occurring on or after 1 July 2004, must be assessed by the Military Rehabilitation and Compensation Commission in accordance with the Statements of Principles issued by the Authority. Furthermore, the Authority must advertise its intention to investigate specific conditions and invite submissions from relevant organisations and experts before determining a new Statement of Principles.
Breaches of the provisions in the VEA and MRCA may result in civil or criminal consequences. While the explanatory notes do not specify maximum penalties for breaches, penalties may vary depending on the nature and severity of the breach. Civil penalties may include fines or compensation for affected parties, while criminal penalties could involve imprisonment or other sanctions, as determined by relevant legislation. It is essential for parties governed by the Act to comply with the obligations and requirements outlined to avoid potential legal consequences.