REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 84 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. 53 of 1994, as amended by Instrument No. 200 of 1995, determined under subsection 196B(3) of the VEA concerning mesothelioma and death from mesothelioma.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that mesothelioma and death from mesothelioma 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. 84 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 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, mesothelioma or death from mesothelioma 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 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 factors 6(a) & 6(b) concerning 'asbestos fibres';
- new factor 6(c) concerning 'asbestosis';
- new factor 6(d) concerning 'thorium dioxide';
- new factor 6(e) 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 Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 were enacted to provide comprehensive entitlements and compensation for veterans, including medical care, rehabilitation, and financial support for service-related injuries and diseases. The Repatriation Medical Authority, exercising its powers under the Veterans’ Entitlements Act 1986, revoked Instrument No. 53 of 1994, which dealt with mesothelioma and death from mesothelioma, and replaced it with Instrument No. 84 of 2007. This legislative action was prompted by the need to address the evolving medical-scientific evidence concerning the link between mesothelioma and specific types of military service. The Authority's determination of this new Statement of Principles aims to ensure that claims for compensation are assessed in accordance with the most current medical understanding, thereby providing clarity and fairness for affected veterans.
Scope and Application
The Repatriation Medical Authority Instrument No. 84 of 2007, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, outlines the criteria for determining a connection between mesothelioma, or death from mesothelioma, and various kinds of military service. This instrument applies to individuals who have served in eligible war service, defence service, or peacetime service, as defined under the relevant Acts, and who may have contracted mesothelioma or died from it as a result of their service. The instrument provides a framework for assessing claims related to these conditions, with the Military Rehabilitation and Compensation Commission determining liability for claims made after 1 July 2004. The instrument includes specific factors that must be considered in the assessment, such as exposure to asbestos fibres, asbestosis, thorium dioxide, and erionite fibres, among others. It also defines key terms and specifies the date of effect for the instrument, thereby replacing the previous Statements of Principles concerning mesothelioma. This instrument is applicable nationally and extends its application through subordinate instruments as necessary, ensuring comprehensive coverage for affected veterans and their dependants.
Key Provisions
The main operative sections of this legislation are found in the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Section 196B(3) of the VEA empowers the Repatriation Medical Authority (the Authority) to determine Statements of Principles concerning service-related diseases, such as mesothelioma. These Statements of Principles outline the factors that must exist to establish a connection between the disease and specific types of service rendered by a person, including eligible war service, defence service, and peacetime service. The newly determined Instrument No. 84 of 2007 concerning mesothelioma (paragraph 4) replaces the previous revoked Instrument No. 53 of 1994, as amended. This new instrument was determined by the Authority after considering the latest medical-scientific evidence available, and it incorporates several changes, including updates to definitions and the addition of new factors related to the disease (paragraph 6).
The obligations and requirements imposed by the Act on the parties and entities it governs include the need for the Authority to undertake investigations into service-related diseases and determine Statements of Principles based on sound medical-scientific evidence. The Authority must also ensure that the determination of these Statements of Principles is widely publicised and that stakeholders are given the opportunity to submit relevant information and expertise during the investigation process (paragraph 8). Furthermore, the MRCA requires the Military Rehabilitation and Compensation Commission to assess claims for compensation in accordance with the Statements of Principles issued by the Authority (paragraph 3). Parties seeking compensation for service-related diseases must provide evidence that meets the criteria outlined in the applicable Statements of Principles.
There are no explicit offences or penalties outlined in the explanatory notes for this legislation. However, failure to comply with the requirements of the VEA or MRCA, or to provide sufficient evidence to meet the criteria in the applicable Statements of Principles, may result in a claim for compensation being denied. In cases where the Authority determines that a service-related disease, such as mesothelioma, is connected with the circumstances of a person's service, the individual or their dependants may be eligible for various forms of compensation and support. It is important to note that the explanatory notes do not detail any specific civil or criminal consequences for breach of the Act; however, the overall aim of the legislation is to ensure that eligible individuals receive appropriate compensation and support for service-related diseases.