REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 8 of 2006
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. 66 of 2001 of 12 September 2001 determined under subsection 196B(3) of the VEA concerning motor neuron disease and death from motor neuron disease.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that motor neurone disease and death from motor neurone disease 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. 8 of 2006 concerning motor neurone disease. 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, motor neurone disease or death from motor neurone disease 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 5 May 2004 concerning motor neuron disease 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 ‘motor neurone disease’ in clause 3 and adopting the British spelling of “neurone”;
- revising the definition of ‘relevant service’ and ‘ICD-10-AM code’ in clause 6;
- 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 motor neurone disease in the Government Notices Gazettes of 5 May 2004, 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. Three submissions were received for consideration by the Authority.
9. Following the commencement of the MRCA, the Authority published a “Further Notice of Investigations” in the Government Notices Gazette of 14 July 2004, extending the closing date for submissions in relation to the above mentioned investigation until 10 September 2004. The Authority again invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA (who include persons eligible to make a claim under the MRCA), as well as the Military Rehabilitation and Compensation Commission and any person having expertise in the field.
10. The determining of this new instrument finalises the investigation in relation to motor neuron disease as advertised in the Government Notices Gazettes of 5 May 2004.
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. 8 of 2006 amends the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by revoking Instrument No. 66 of 2001 concerning motor neuron disease and replacing it with a new Statement of Principles. This legislative instrument addresses the problem of determining whether motor neuron disease and deaths from the disease are connected to particular kinds of service, based on available medical-scientific evidence. The Authority, under the authority granted by the Veterans' Entitlements Act, determined that it is more probable than not that these conditions can be related to certain service circumstances, thus establishing new criteria for such determinations. The enactment by the Repatriation Medical Authority seeks to ensure that claims for compensation for service-related motor neuron disease are assessed in accordance with the latest medical-scientific understandings and legislative frameworks.
Scope and Application
The Repatriation Medical Authority Instrument No. 8 of 2006, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishes a new Statement of Principles concerning motor neurone disease, effectively replacing the previous Instrument No. 66 of 2001. This instrument applies to individuals who have served in eligible war service, defence service, or peacetime service, and it addresses the connection between these service circumstances and motor neurone disease or death from such disease. The instrument applies to the Commonwealth of Australia and is relevant for claims submitted after 1 July 2004 under the Military Rehabilitation and Compensation Act 2004, as well as for those submitted under the Veterans’ Entitlements Act 1986. The new instrument outlines the specific factors that must be present and related to the service for the disease or death to be considered connected to service, and it sets out the conditions under which a claim may be accepted. The instrument also details the process of determining these connections based on the latest medical-scientific evidence available to the Authority.
Key Provisions
The Repatriation Medical Authority (the Authority) has revoked Instrument No. 66 of 2001 concerning motor neuron disease and death from motor neuron disease, as determined under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA). The Authority has determined a new Statement of Principles, Instrument No. 8 of 2006, based on the available medical-scientific evidence indicating a probable connection between motor neuron disease, death from motor neuron disease, and certain types of service. This new instrument replaces the revoked one and sets out the specific factors and types of service that must exist for a claim to be considered related to service, including eligible war service, defence service, and peacetime service under the Military Rehabilitation and Compensation Act 2004 (MRCA).
The new Instrument No. 8 of 2006 introduces a revised format and terminology, including adopting the British spelling of "neurone," clarifying definitions, and specifying a date of effect. This instrument is determined for the purposes of both the VEA and the MRCA. The Authority undertook an investigation into motor neuron disease, inviting submissions from relevant parties and experts, and extended the submission deadline to gather comprehensive feedback. The determination of this new instrument concludes the investigation that was initially advertised in the Government Notices Gazette of 5 May 2004.
The obligations under this Act include the requirement for the Authority to base its determination on sound medical-scientific evidence and to advertise any intention to investigate and seek submissions from relevant parties. The new Instrument No. 8 of 2006 specifies the factors and types of service that must be considered when assessing claims for motor neuron disease related to service. The Authority must ensure that the factors outlined in the Statement of Principles are met to determine a connection between the disease and the service rendered.
Failure to comply with the requirements of the Statement of Principles or to provide accurate information may result in the rejection of claims related to motor neuron disease. While the Act does not explicitly outline specific offences or penalties for breaches, non-compliance with the statutory requirements may lead to the denial of compensation claims. The consequences for claimants could include the loss of entitlement to compensation for service-related motor neuron disease if the criteria set out in the Instrument are not met.