REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 112 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. 6 of 1995, as amended by Instrument No. 125 of 1995, determined under subsection 196B(3) of the VEA concerning opisthorchiasis and death from opisthorchiasis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that opisthorchiasis and death from opisthorchiasis 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. 112 of 2007 concerning opisthorchiasis. 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, opisthorchiasis or death from opisthorchiasis 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 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. 112 of 2007, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, revokes the previous Instrument No. 6 of 1995 concerning opisthorchiasis, aiming to address the gap in medical-scientific evidence regarding the connection between opisthorchiasis, death from opisthorchiasis, and specific military services. The Authority, considering the latest available medical-scientific evidence, has determined a new Statement of Principles to replace the revoked one, specifying the factors required to establish a link between opisthorchiasis or death from opisthorchiasis and certain types of military service, including eligible war service, defence service, and peacetime service. This new instrument concludes the investigation into opisthorchiasis, reflecting an updated Instrument format and clarifying its applicability under both the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act.
Scope and Application
The Repatriation Medical Authority Instrument No. 112 of 2007, established under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA), revokes the previous Instrument No. 6 of 1995 concerning opisthorchiasis and death from opisthorchiasis. This new instrument, determined under subsection 196B(3) of the VEA, introduces a Statement of Principles relating to opisthorchiasis, which will replace the revoked Statements of Principles. This instrument applies to individuals who have contracted opisthorchiasis or died from it, in relation to eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service. The new Statement of Principles outlines the factors that must exist, and which of those factors must be related to the service rendered, before it can be said that, on the balance of probabilities, opisthorchiasis or death from opisthorchiasis is connected with the circumstances of that service. This instrument is applicable to claims for compensation under the Military Rehabilitation and Compensation Act 2004, where claims for acceptance of liability for a service injury, disease, or death on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission.
Key Provisions
The main operative sections of this legislation, namely Instrument No. 112 of 2007, pertain to the revocation of previous instruments concerning opisthorchiasis and its subsequent replacement with a new Statement of Principles (subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA)). The Authority, under subsection 196B(3) of the VEA, has determined this new Statement of Principles, which sets out the factors that must exist for it to be said, on the balance of probabilities, that opisthorchiasis or death from opisthorchiasis is connected with service in various categories, such as eligible war service, defence service, and peacetime service (paragraph 4). This new instrument, reflecting the latest revised Instrument format and including several revisions and new definitions, has been determined for the purposes of both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA) (paragraphs 6 and 7).
The obligations and requirements imposed by this Act primarily concern the Repatriation Medical Authority, which must determine Statements of Principles based on sound medical-scientific evidence. The Authority must consider factors that must exist for it to be said, on the balance of probabilities, that opisthorchiasis or death from opisthorchiasis is connected with service. This includes examining evidence and inviting submissions from relevant parties as part of its investigation (paragraph 8). The Authority must also ensure that the new instrument is formatted correctly and includes all necessary definitions and revisions (paragraph 6).
In terms of consequences for breach, the legislation does not explicitly outline offences, penalties, or specific civil or criminal consequences for non-compliance with the Act. However, the Act does specify that 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 (paragraph 3). Failure to adhere to the proper process for determining Statements of Principles could potentially lead to invalid claims or decisions by the Military Rehabilitation and Compensation Commission.