REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 16 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. 49 of 2004 of 16 December 2004 determined under subsection 196B(3) 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 on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 16 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 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, non-melanotic malignant neoplasm of the skin or death from non-melanotic malignant neoplasm of the skin 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 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(c) 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.
Overview
The Repatriation Medical Authority Instrument No. 16 of 2006, enacted under the Veterans' Entitlements Act 1986, addresses the gap in establishing a connection between non-melanotic malignant neoplasm of the skin and particular types of military service. This legislative instrument was introduced by the Repatriation Medical Authority, which operates under the auspices of the Veterans' Entitlements Act, to ensure that veterans and service personnel who have contracted or died from this condition may be eligible for compensation. The policy objective behind this instrument is to provide a clear Statement of Principles that establishes the circumstances under which non-melanotic malignant neoplasm of the skin can be considered related to eligible war service, defence service, or peacetime service, thus facilitating compensation claims for affected individuals.
Scope and Application
The Repatriation Medical Authority Instrument No. 16 of 2006 under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) addresses the relationship between non-melanotic malignant neoplasm of the skin, including carcinoma in situ, and certain types of military service. This instrument applies to veterans and service personnel who have rendered eligible war service, defence service, or peacetime service as defined under the respective acts. The instrument sets out the medical and service-related factors that must be present for there to be a connection between the non-melanotic malignant neoplasm of the skin or death from such a condition and the service rendered. The Authority's determination is based on sound medical-scientific evidence, superseding the previously revoked Instrument No. 49 of 2004. The application of this instrument is national in scope, impacting veterans and service personnel across Australia who fall within its specified service categories. The instrument does not explicitly state exclusions or thresholds, but it does specify that the conditions apply based on the factors outlined within the Statement of Principles. The instrument can be amended or extended through subsequent determinations by the Authority under the VEA and MRCA.
Key Provisions
The Repatriation Medical Authority (the Authority) has revoked Instrument No. 49 of 2004, which pertained to non-melanotic malignant neoplasm of the skin and death from non-melanotic malignant neoplasm of the skin, and has issued a new instrument, No. 16 of 2006, under the Veterans’ Entitlements Act 1986 (VEA) (sections 196B(3) and 196B(8)). This new instrument replaces the previous one by determining a Statement of Principles concerning non-melanotic malignant neoplasm of the skin, based on the latest medical-scientific evidence available to the Authority. The Military Rehabilitation and Compensation Act 2004 (MRCA) came into effect on 1 July 2004, with claims for compensation being determined by the Military Rehabilitation and Compensation Commission in accordance with Statements of Principles issued by the Authority (section 319). The new Statement of Principles outlines the factors necessary for non-melanotic malignant neoplasm of the skin or death from such a condition to be considered connected to specific types of service, including eligible war service, defence service, and peacetime service (section 4).
The Authority's determination of the new Statement of Principles follows investigations into carcinoma in situ and non-melanotic malignant neoplasm of the skin, notified in the Government Notices Gazettes of 7 September 2005 and 1 March 2006, respectively (section 196G). These investigations involved a comprehensive review of the available sound medical-scientific evidence. The new Instrument No. 16 of 2006 incorporates the latest revised Instrument format, includes definitions and factors that were previously considered, and specifies the date of effect for the instrument (section 6). The Authority sought submissions from relevant organisations and individuals but received none for consideration.
The Authority advertised its intention to investigate carcinoma in situ and non-melanotic malignant neoplasm of the skin in the Government Notices Gazettes of 7 September 2005 and 1 March 2006, respectively, and circulated these notices to various organisations representing veterans, service personnel, and their dependants (section 7). The new Statement of Principles finalises these investigations, providing clarity and updated criteria for assessing related claims.
Any breach of the provisions of the VEA or MRCA, such as non-compliance with the Statement of Principles or improper conduct in claims processes, may lead to civil or criminal consequences. While the document does not specify maximum penalties, breaches can result in legal actions, fines, or other sanctions as determined by relevant authorities. It is essential for parties involved to adhere to the legislative requirements to avoid potential legal repercussions.