REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 60 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. 12 of 1995 determined under subsection 196B(3) of the VEA concerning osteogenesis imperfecta and death from osteogenesis imperfecta.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that osteogenesis imperfecta and death from osteogenesis imperfecta 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. 60 of 2007 concerning osteogenesis imperfecta. 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 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, osteogenesis imperfecta or death from osteogenesis imperfecta 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 osteogenesis imperfecta 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 Instrument. 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 'osteogenesis imperfecta' in clause 3;
- deleting the factor concerning 'physical trauma';
- new definitions of 'death from osteogenesis imperfecta'; 'ICD-10-AM code'; 'relevant service' and 'terminal event' in clause 6;
- deleting definitions of 'ICD code' and 'physical trauma' in clause 6; and
- specifying a date of effect for the Instrument in clause 8.
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 osteogenesis imperfecta 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. No submissions were received for consideration by the Authority during the investigation.
9. On 20 December 2006, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed Instrument and the medical-scientific material considered by the Authority. This letter emphasised the deletion of factors relating to physical trauma. The Authority provided an opportunity to the organisations to make representations in relation to the proposed instrument prior to its determination. No submissions were received for consideration by the Authority.
10. The determining of this new instrument finalises the investigation in relation to osteogenesis imperfecta as advertised in the Government Notices Gazette of 15 June 2005.
11. 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. 60 of 2007 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 to address the issue of osteogenesis imperfecta and death from osteogenesis imperfecta in relation to service. This instrument was enacted to replace the previous Instrument No. 12 of 1995, responding to new medical-scientific evidence suggesting a more probable link between osteogenesis imperfecta, death from osteogenesis imperfecta, and certain kinds of service. The Repatriation Medical Authority, acting under the authority conferred by the Veterans’ Entitlements Act, determined this new Statement of Principles to clarify the circumstances under which osteogenesis imperfecta or its resulting death can be connected to eligible war service, defence service, or peacetime service. The policy objective is to ensure that veterans and service personnel receive appropriate recognition and compensation based on the latest available evidence.
Scope and Application
The Repatriation Medical Authority Instrument No. 60 of 2007, which amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, applies to individuals, particularly veterans and service personnel, who may be affected by osteogenesis imperfecta or death from osteogenesis imperfecta. This Act is designed to establish a Statement of Principles which determines the connection between these medical conditions and certain types of service rendered, including eligible war service, defence service, and peacetime service. The Authority determines these connections based on sound medical-scientific evidence, effectively replacing the previously revoked Instrument No. 12 of 1995. The new instrument not only revises the format and definitions but also specifies the conditions under which osteogenesis imperfecta or death from osteogenesis imperfecta can be linked to service, thereby clarifying the scope of compensation claims under the relevant Acts. The application of this Act is nationwide, governed by the Commonwealth, and applies to claims for compensation related to service injuries or diseases sustained on or after 1 July 2004. The Authority's determination process involved public notices and invitations for submissions, although no submissions were received during the investigation. This instrument ensures that the process for determining such claims is transparent and based on the most current medical-scientific evidence available.
Key Provisions
The key provisions of this instrument involve the revocation of the previous Statement of Principles (Instrument No. 12 of 1995) concerning osteogenesis imperfecta under the Veterans’ Entitlements Act 1986 (VEA) and the determination of a new Statement of Principles (Instrument No. 60 of 2007) concerning the same condition. This new instrument reflects the latest medical-scientific evidence and updates the format in line with current standards (subsections 196B(3) and (8) of the VEA). The new Statement of Principles outlines the factors that must exist to determine a connection between osteogenesis imperfecta or death from osteogenesis imperfecta and certain types of service, such as eligible war service, defence service, and peacetime service (section 3 of the new Instrument).
The Repatriation Medical Authority, under the VEA, is responsible for determining these Statements of Principles and ensuring that they are based on sound medical-scientific evidence. The Authority must consider submissions from relevant parties, including the Repatriation Commission, organisations, and individuals with expertise in the field. However, in this case, no submissions were received during the investigation or prior to the determination of the new instrument (sections 196E and 196G of the VEA). The Authority is also required to advertise its intention to investigate and provide an opportunity for representations before finalising the instrument (sections 196B(3A) and 196G of the VEA).
There are no explicit offences, penalties, or civil/criminal consequences outlined for breaches of this instrument in the explanatory statement. However, the Military Rehabilitation and Compensation Commission, established under the Military Rehabilitation and Compensation Act 2004 (MRCA), is responsible for determining claims for compensation by reference to the Statements of Principles issued by the Authority. This includes claims for service injuries, diseases, or deaths on or after 1 July 2004. The MRCA outlines the legal framework for compensation claims, and while specific penalties for breaches of the instrument itself are not detailed, any non-compliance with the MRCA or misrepresentation in a claim could result in legal action, fines, or other penalties as prescribed under the MRCA and relevant legislation.