REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 70 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. 24 of 1999 determined under subsection 196B(3) of the VEA concerning myopia, hypermetropia and astigmatism and death from myopia, hypermetropia and astigmatism.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that myopia, hypermetropia and astigmatism and death from myopia, hypermetropia and astigmatism 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. 70 of 2007 concerning myopia, hypermetropia and astigmatism. 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, myopia, hypermetropia and astigmatism or death from myopia, hypermetropia and astigmatism 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 myopia, hypermetropia and astigmatism 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 'myopia, hypermetropia and astigmatism' in clause 3;
- revising factors 6(a)(iv), 6(a)(xii), 6(b)(iii) & 6(b)(viii) concerning 'corneal surgery';
- revising factors 6(a)(v) & 6(a)(xiii) concerning 'surgery for retinal detachment';
- new factors 6(a)(vi), 6(a)(xiv), 6(b)(iv), 6(b)(ix), 6(c)(iii) & 6(c)(xii) concerning 'surgery for cataract';
- new factors 6(a)(vii), 6(b)(v) & 6(c)(ix) concerning 'albinism';
- new factor 6(a)(viii) concerning 'Marfan syndrome';
- revising factors 6(c)(i) & 6(c)(x) relating to 'surgery involving the cornea or sclera';
- new factors 6(c)(ii) & 6(c)(xi) concerning 'surgery for retinal detachment';
- revising definitions of 'decentration' and 'relevant service' in clause 9;
- deleting definitions of 'ICD-9-CM code' and 'pterygium';
- new definitions for 'corneal surgery'; 'ICD-10-AM code' and 'surgery for retinal detachment' 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 myopia, hypermetropia and astigmatism 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. One submission was were received for consideration by the Authority during the investigation.
9. The determining of this new instrument finalises the investigation in relation to myopia, hypermetropia and astigmatism 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. 70 of 2007 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 to address the issue of myopia, hypermetropia, astigmatism, and death from these conditions in relation to military service. Enacted by the Repatriation Medical Authority under the authority granted by the Veterans’ Entitlements Act, this instrument revokes previous statements of principles concerning these conditions and replaces them with updated criteria for determining the connection between these conditions and specific types of military service. The objective is to ensure that the latest medical-scientific evidence informs the assessment of claims related to these vision impairments and deaths, providing a clearer framework for the Military Rehabilitation and Compensation Commission to evaluate eligibility for compensation under the Military Rehabilitation and Compensation Act. The Authority's determination process included a public notification and submission period, ensuring that relevant stakeholders had the opportunity to contribute to the revision of these principles.
Scope and Application
The Repatriation Medical Authority Instrument No. 70 of 2007, which amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, pertains to the determination of Statements of Principles regarding myopia, hypermetropia, astigmatism, and death resulting from these conditions. This instrument applies to veterans, service personnel, and their dependants who may have sustained these conditions during their service, whether it be eligible war service (other than operational service), defence service (other than hazardous service), or peacetime service. The instrument was enacted to replace the previous Instrument No. 24 of 1999, reflecting an updated assessment of the sound medical-scientific evidence available. The instrument's application extends nationally, affecting all individuals who may have been impacted by these conditions during their service and who seek compensation under the VEA or MRCA for injuries sustained on or after 1 July 2004. While the instrument primarily focuses on the conditions outlined, any exclusions or exemptions would be specifically detailed in the Statement of Principles and related legislative provisions. The Authority's determination of this instrument concludes the investigation into the conditions as previously notified in the Government Notices Gazette of 15 June 2005.
Key Provisions
The main sections of the Repatriation Medical Authority Instrument No. 70 of 2007 concern the revocation of previous statements of principles regarding myopia, hypermetropia, astigmatism, and death from these conditions, and the establishment of a new Statement of Principles (section 2). This new instrument details the factors that must be present to establish a connection between these conditions and specific types of military service, including eligible war service, defence service, and peacetime service (section 4). The instrument also outlines the process by which these determinations will be made, referencing both the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 (section 3). The Authority has determined this new instrument following an investigation into the medical-scientific evidence available, as notified in the Government Notices Gazette of 15 June 2005 (section 5).
The Act imposes several obligations on the parties and entities it governs. Firstly, it requires the Repatriation Medical Authority to consider all available sound medical-scientific evidence when determining the connection between myopia, hypermetropia, astigmatism, or death from these conditions and specific types of military service (section 2). The Authority must also ensure that the new Statement of Principles reflects the latest medical understanding and revises definitions and factors as necessary (section 6). Additionally, the Authority must advertise its intention to investigate in the Government Notices Gazette and invite submissions from relevant parties, including the Repatriation Commission, organisations representing veterans, and experts in the field (sections 8 and 9). Finally, the Authority must finalise the investigation and issue the new instrument, which will replace the revoked Statements of Principles (section 10).
Breach of the obligations set out in this Act can lead to various consequences. Under the Veterans’ Entitlements Act 1986, failure to adhere to the process for determining Statements of Principles or to consider all relevant evidence could result in legal challenges or disputes over the validity of the instrument. Additionally, under the Military Rehabilitation and Compensation Act 2004, incorrect or incomplete determinations could affect the eligibility of claimants for compensation, potentially leading to civil claims for damages or administrative reviews. While the Act does not specify maximum penalties for breaches, such breaches could result in significant financial and administrative consequences for the Authority and the affected parties.