REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 12 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. 2 of 1999 of 14 January 1999, determined under subsection 196B(3) of the VEA concerning multiple osteochondromatosis and death from multiple osteochondromatosis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 12 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 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, multiple osteochondromatosis or death from multiple osteochondromatosis 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 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. 12 of 2007, concerning multiple osteochondromatosis, was enacted in 2007 under the Veterans' Entitlements Act 1986. This instrument addresses the problem of determining whether multiple osteochondromatosis and death from this condition can be related to particular kinds of military service, in order to provide appropriate compensation and rehabilitation benefits to affected veterans. The Authority, in exercising its powers under the Veterans' Entitlements Act, determined a Statement of Principles to outline the factors necessary for such a connection to be made, encompassing eligible war service, defence service, and peacetime service. This instrument was developed following an investigation into the condition, as notified in the Government Notices Gazette of 15 June 2005, and it replaces the previously revoked Instrument No. 2 of 1999. The Authority considered the latest medical-scientific evidence in making its determination, and the new instrument adopts a revised format to reflect the commencement of the Military Rehabilitation and Compensation Act 2004.
Scope and Application
The Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 are applied through the Repatriation Medical Authority's Statement of Principles, which governs the medical conditions that are considered related to service. The Authority has issued Instrument No. 12 of 2007, replacing a previous instrument concerning multiple osteochondromatosis. This new instrument details the circumstances under which multiple osteochondromatosis and death from the condition can be deemed related to particular kinds of service, such as eligible war service, defence service, and peacetime service, as defined under the respective acts. The instrument applies to veterans and service personnel who have served in these capacities and are seeking compensation or rehabilitation benefits. The Authority's determination is based on sound medical-scientific evidence, and the instrument outlines the specific factors that must be present for a claim to be substantiated. The Authority's decision process includes an investigation and public consultation, as required by the legislation, although no submissions were received for this particular instrument.
Key Provisions
The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA), has revoked Instrument No. 2 of 1999 concerning multiple osteochondromatosis and death from multiple osteochondromatosis. This revocation has resulted in the creation of a new Instrument No. 12 of 2007, which is now the governing document in this area (section 1). This new instrument is based on the sound medical-scientific evidence available, which indicates that it is more probable than not that multiple osteochondromatosis and death from multiple osteochondromatosis can be related to certain kinds of service (section 2). The Statement of Principles set out in this new instrument lists the factors that must exist, and which of those factors must be related to eligible war service, defence service, or peacetime service, before it can be said that multiple osteochondromatosis or death from multiple osteochondromatosis is connected with the circumstances of that service (section 4).
The obligations imposed by this new instrument primarily concern the establishment of the criteria for determining whether multiple osteochondromatosis or death from multiple osteochondromatosis is connected with service. The Statement of Principles outlines these criteria, which must be met for a claim to be considered valid under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA) (section 5). Claims for compensation under section 319 of the MRCA, which cover injuries sustained, diseases contracted, or deaths occurring on or after 1 July 2004, are now determined by the Military Rehabilitation and Compensation Commission with reference to Statements of Principles issued by the Authority under the VEA (section 3). The Authority must ensure that all such claims are assessed in accordance with the provisions of the new Instrument No. 12 of 2007, which includes the latest revised Instrument format, revised definitions, and specified effective dates (section 6).
The new instrument also incorporates changes to its format to reflect the commencement of the MRCA, ensuring that the Statement of Principles is determined for the purposes of both the VEA and the MRCA (section 7). Before determining this new instrument, the Authority advertised its intention to investigate multiple osteochondromatosis in the Government Notices Gazette of 15 June 2005, and invited submissions from relevant organisations and individuals (section 8). The Authority received no submissions for consideration during the investigation, which was finalised with the creation of the new instrument (section 9). The Authority's determination of this new instrument marks the conclusion of the investigation into multiple osteochondromatosis (section 10).
The new instrument imposes specific requirements and obligations on claimants, ensuring that any claim for compensation related to multiple osteochondromatosis or death from multiple osteochondromatosis must be substantiated by evidence that meets the criteria outlined in the Statement of Principles. Failure to comply with these requirements can result in the rejection of a claim. Under the VEA and MRCA, there are potential penalties and consequences for providing false or misleading information in the context of a compensation claim. While the specific penalties are not detailed in the explanatory notes, breaches of the Acts could lead to civil or criminal liability, including fines and imprisonment, depending on the severity of the offence and the provisions of the respective Acts.