REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 11 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. 1 of 1999 of 14 January 1999, determined under subsection 196B(2) of the VEA concerning multiple osteochondromatosis and death from multiple osteochondromatosis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that multiple osteochondromatosis and death from multiple osteochondromatosis 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. 11 of 2007 concerning multiple osteochondromatosis. 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 multiple osteochondromatosis or death from multiple osteochondromatosis, 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 multiple osteochondromatosis 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 'multiple osteochondromatosis' in clause 3;
- revising the definition of 'relevant service' in clause 6;
- deleting the definition of 'ICD-9-CM code';
- including a new definition of 'ICD-10-AM 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 multiple osteochondromatosis 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. The determining of this new instrument finalises the investigation in relation to multiple osteochondromatosis as advertised in the Government Notices Gazette of 15 June 2005.
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. 11 of 2007, enacted in 2007, serves to address the issue of establishing a connection between multiple osteochondromatosis and certain types of military service. This legislative instrument revokes the previous Instrument No. 1 of 1999 and establishes a new Statement of Principles concerning multiple osteochondromatosis, replacing the revoked instrument. The Authority, under the Veterans’ Entitlements Act 1986, determined this new instrument based on sound medical-scientific evidence linking multiple osteochondromatosis and death from the condition to particular kinds of service. The instrument outlines the minimum factors required to establish a reasonable hypothesis connecting the condition to specific service types, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The enacting body, the Repatriation Medical Authority, conducted an investigation and invited submissions, although none were received. The new instrument, aligned with the Military Rehabilitation and Compensation Act 2004, clarifies the Statement of Principles' applicability to both the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.
Scope and Application
The Repatriation Medical Authority (RMA) under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 has revoked Instrument No. 1 of 1999 and introduced Instrument No. 11 of 2007 concerning multiple osteochondromatosis. This new instrument applies to veterans and their dependants, as well as to entities and persons who may be affected by the medical condition in question. The instrument outlines the medical-scientific evidence linking multiple osteochondromatosis and death from multiple osteochondromatosis to certain types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The instrument serves to replace the revoked Statements of Principles and provides a comprehensive framework for determining claims for compensation under the VEA and MRCA. The instrument’s jurisdictional reach is national, given that it applies to all veterans and their dependants across Australia, and it supersedes previous regulations by adopting a revised format and updated definitions. There are no stated exclusions or exemptions in the instrument, and it extends its application through subordinate instruments that may be issued by the RMA.
Key Provisions
The key operative sections of this legislation, F2007L00046, focus on the determination of new Statements of Principles concerning multiple osteochondromatosis and death from multiple osteochondromatosis. Under subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA), the Repatriation Medical Authority (the Authority) has revoked the previous Instrument No. 1 of 1999 and issued a new Instrument No. 11 of 2007. This new instrument outlines the factors necessary to establish a connection between multiple osteochondromatosis or death from this condition and specific types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The new instrument adopts a revised format and includes updated definitions and specifications to align with the latest medical-scientific evidence and legal frameworks, such as the Military Rehabilitation and Compensation Act 2004 (MRCA).
The Authority imposes obligations on relevant parties, including the requirement to refer to the new Statement of Principles when determining claims for compensation under section 319 of the MRCA. This means that claims for service-related injuries, diseases, or deaths occurring after 1 July 2004 must be evaluated in light of the updated principles. Additionally, the Authority's process involves an extensive review of available medical-scientific evidence and the consideration of submissions from relevant organisations and experts, although in this instance, no submissions were received. The Authority ensures transparency and inclusivity by advertising its intention to investigate and inviting input from stakeholders before finalising the new instrument.
In terms of consequences for breach, the legislation does not explicitly detail offences, penalties, or consequences within the provided text. However, it is reasonable to infer that non-compliance with the Authority's determinations or failure to adhere to the prescribed procedures for assessing claims could lead to disputes or legal challenges. While the text does not specify maximum penalties, such breaches could potentially result in administrative, civil, or criminal repercussions, depending on the severity and intent behind the non-compliance. The overarching aim is to ensure that claims are assessed fairly and accurately based on the established medical-scientific evidence and legislative requirements.