REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 15 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. 48 of 2004 of 16 December 2004 determined under subsection 196B(2) of the VEA concerning non-melanotic malignant neoplasm of the skin and death from non-melanotic malignant neoplasm of the skin.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that non-melanotic malignant neoplasm of the skin and death from non-melanotic malignant neoplasm of the skin 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. 15 of 2006 concerning non-melanotic malignant neoplasm of the skin. 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 non-melanotic malignant neoplasm of the skin or death from non-melanotic malignant neoplasm of the skin, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 7 September 2005 concerning carcinoma in situ and an investigation notified by the Authority in the Government Notices Gazette of 1 March 2006 concerning non-melanotic malignant neoplasm of the skin, in accordance with section 196G of the Act. The investigations 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 ‘non-melanotic malignant neoplasm of the skin’ in clause 3 specifically to include ‘carcinoma in situ’;
- rewording factor 6(d) to include ‘carcinoma in situ’;
- revising the definition of ‘cumulative equivalent dose’; and ‘immunosuppressive drugs’ in clause 9;
- deleting definition of ‘mustard gas’ in clause 9; and
- specifying a date of effect for the Instrument in clause 11.
7. Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to carcinoma in situ in the Government Notices Gazettes of 7 September 2005. As a consequence of the investigation into carcinoma in situ and prior to determining this instrument, the Authority also advertised its intention to undertake an investigation in relation to non-melanotic malignant neoplasm of the skin in the Government Notices Gazettes of 1 March 2006. The Authority circulated a copy of both these notices of investigation 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.
8. The determining of this new instrument finalises the investigations in relation to carcinoma in situ and non-melanotic malignant neoplasm of the skin as advertised in the Government Notices Gazettes of 7 September 2005 and 1 March 2006 respectively.
9. A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.