REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 119 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. 13 of 1996 determined under subsection 196B(2) of the VEA concerning otosclerosis and death from otosclerosis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that otosclerosis and death from otosclerosis 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. 119 of 2007 concerning otosclerosis. 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 otosclerosis or death from otosclerosis, 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 otosclerosis 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 'otosclerosis' in clause 3;
- new factor 6(a) concerning 'measles virus';
- revising definition of 'relevant service' in clause 9;
- new definitions of 'being infected with the measles virus'; 'death from otosclerosis'; 'ICD-10-AM code' and 'terminal event' in clause 9;
- deleting definition of '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 otosclerosis 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 otosclerosis 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 Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 collectively address the provision of medical and financial support to veterans and their families, particularly in relation to service-related injuries and diseases. The Repatriation Medical Authority, under the Veterans' Entitlements Act 1986, has enacted Instrument No. 119 of 2007 to revise the Statement of Principles concerning otosclerosis, replacing the revoked Instrument No. 13 of 1996. This legislative instrument responds to the need for updated medical-scientific evidence linking otosclerosis, including death from otosclerosis, to specific types of service. The Authority's decision was influenced by an investigation into otosclerosis announced in the Government Notices Gazette on 28 June 2006, and no submissions were received during the investigation. This instrument now aligns with the latest revised format and reflects the commencement of the Military Rehabilitation and Compensation Act 2004, clarifying that the Statement of Principles applies to both acts.
Scope and Application
The Repatriation Medical Authority (RMA) under the Veterans' Entitlements Act 1986 (VEA) has issued Instrument No. 119 of 2007, which revokes Instrument No. 13 of 1996 regarding otosclerosis and death from otosclerosis. This new instrument aims to replace the revoked one by providing a Statement of Principles that addresses the sound medical-scientific evidence linking otosclerosis and death from otosclerosis to specific types of service rendered by a person, such as operational, peacekeeping, hazardous, warlike, and non-warlike services. The instrument applies to individuals who sustained a service injury, contracted a service disease, or died from service-related causes on or after 1 July 2004, and their claims for compensation are determined by the Military Rehabilitation and Compensation Commission according to the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). This new instrument, resulting from an investigation announced in the Government Notices Gazette on 28 June 2006, modifies the previous instrument by adopting a revised format, updating definitions, and including new factors such as infection with the measles virus. It is important to note that the Authority invited submissions from relevant organisations and individuals during the investigation but did not receive any.
Key Provisions
The Repatriation Medical Authority (the Authority) has determined a new Statement of Principles, Instrument No. 119 of 2007, concerning otosclerosis, which revokes the previous Instrument No. 13 of 1996. This new instrument is grounded in the belief that otosclerosis and death from otosclerosis can be related to certain types of service, as evidenced by sound medical-scientific research. It sets out the minimum factors that must exist and be related to specific kinds of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service, to establish a reasonable hypothesis connecting otosclerosis or death from otosclerosis with the circumstances of the service rendered. The Authority determined this Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA) and pursuant to subsection 196B(3A) of the VEA, it is also applicable under the Military Rehabilitation and Compensation Act 2004 (MRCA).
The obligations under this Act for the Authority include conducting an investigation into the relationship between otosclerosis and military service, gathering and reviewing sound medical-scientific evidence, and consulting with relevant organisations and individuals. The Authority is required to advertise its intention to undertake an investigation and invite submissions from interested parties, although in this case, no submissions were received. Once the investigation is complete, the Authority must determine a Statement of Principles that outlines the minimum factors connecting otosclerosis or death from otosclerosis to military service, and publish this in the Government Notices Gazette. The Authority must also ensure that this new Statement of Principles replaces the previous one, and that it is accessible to veterans, service personnel, and their dependants.
The Act does not explicitly state any offences, penalties, or consequences for breach, but it is implied that any failure by the Authority to adhere to the provisions of the VEA and MRCA in determining the Statement of Principles could result in legal challenges or disputes regarding the validity of compensation claims. The maximum penalties for offences under the VEA and MRCA are not specified in this context but could potentially include fines and imprisonment depending on the severity and nature of the breach. Civil consequences could involve disputes and litigation over the validity of compensation claims, while criminal consequences would be rare and reserved for the most severe breaches of the Act.