REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 111 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. 5 of 1995 determined under subsection 196B(2) of the VEA concerning opisthorchiasis and death from opisthorchiasis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that opisthorchiasis and death from opisthorchiasis 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. 111 of 2007 concerning opisthorchiasis. This Instrument will in effect replace the revoked Statement 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 opisthorchiasis or death from opisthorchiasis, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 28 June 2006 concerning opisthorchiasis in accordance with section 196G of the VEA. 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 'opisthorchiasis' in clause 3;
- revising factor 6(a) concerning 'Opisthorcis viverrini';
- revising factor 6(b) concerning 'Opisthorcis felineus';
- new definitions of 'death from opisthorchiasis'; 'ICD-10-AM code'; 'one of the areas in Specified List 1'; 'one of the areas in Specified List 2'; 'relevant service' and 'terminal event' in clause 9;
- deleting definitions of 'areas that were endemic for the trematode Opisthorcis viverrini'; 'areas that were endemic for the trematode Opisthorcis felineus' and 'ICD code'; 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 opisthorchiasis in the Government Notices Gazette of 28 June 2006, 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 opisthorchiasis as advertised in the Government Notices Gazette of 28 June 2006.
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. 111 of 2007 was enacted to address the problem of opisthorchiasis and death from opisthorchiasis among Australian veterans and service personnel. This instrument was developed under the authority of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Repatriation Medical Authority, pursuant to subsection 196B(2) of the VEA, determined a new Statement of Principles to replace the revoked Instrument No. 5 of 1995. The objective was to provide a clear framework for establishing the connection between opisthorchiasis, death from opisthorchiasis, and specific types of military service, thereby facilitating compensation claims. The new instrument incorporates the latest medical-scientific evidence, updates the Instrument format, and revises definitions to align with current standards and practices.
Scope and Application
The Repatriation Medical Authority Instrument No. 111 of 2007, concerning opisthorchiasis, applies to veterans and service personnel who have contracted opisthorchiasis or died from opisthorchiasis as a result of specific service rendered under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This Act replaces the previous Instrument No. 5 of 1995, addressing the medical condition in the context of operational, peacekeeping, and hazardous service under the VEA, as well as warlike and non-warlike service under the MRCA. The instrument outlines the necessary medical-scientific factors that must be related to the service conditions to establish a reasonable hypothesis connecting opisthorchiasis or death from opisthorchiasis with the circumstances of service. The instrument's jurisdiction extends to Commonwealth and state levels, providing a legal framework for claims related to opisthorchiasis. The application of the Act is determined by the Military Rehabilitation and Compensation Commission for claims commenced on or after 1 July 2004. Any changes to the scope or application of the instrument can be made through subordinate instruments issued under the authority of the VEA and the MRCA.
Key Provisions
The Repatriation Medical Authority (RMA) has issued Instrument No. 111 of 2007, under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), to replace the previously revoked Instrument No. 5 of 1995 concerning opisthorchiasis. This new instrument, a Statement of Principles, aims to clarify the medical-scientific evidence linking opisthorchiasis and death from opisthorchiasis to specific service types. According to subsection 196B(2) of the VEA, the Authority has established a new set of principles to determine when a reasonable hypothesis exists connecting these conditions with the service rendered by a person, which must be related to operational, peacekeeping, hazardous, warlike, or non-warlike service.
The new instrument imposes obligations on claimants to demonstrate that their opisthorchiasis or death from opisthorchiasis is related to their service in one of the specified categories. They must provide evidence that aligns with the factors outlined in the Statement of Principles, such as exposure to areas where the opisthorchis parasites are endemic, and that the disease or death occurred under the specified service conditions. The Statement of Principles also requires the RMA to review and accept claims based on these new criteria, ensuring that the evidence provided meets the minimum requirements set out in the document.
For breaches of the requirements set out in the new Statement of Principles, there are no specific criminal or civil penalties mentioned in the text. However, the failure to provide sufficient evidence or comply with the obligations could result in the rejection of a claim for compensation. The consequences of such rejections would depend on the specific circumstances of the claim and the applicable laws governing veterans' entitlements and military rehabilitation compensation.
The Authority’s determination of this new instrument follows an investigation announced in the Government Notices Gazette on 28 June 2006, under section 196G of the VEA. The Authority invited submissions from relevant organisations and individuals but received none for consideration during the investigation. The instrument reflects the latest revised format, updates definitions, and clarifies the applicability of the Statement of Principles under both the VEA and the MRCA. This determination concludes the investigation into opisthorchiasis as advertised and provides a comprehensive framework for assessing related claims.