REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 120 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. 14 of 1996 determined under subsection 196B(3) of the VEA concerning otosclerosis and death from otosclerosis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that otosclerosis and death from otosclerosis 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. 120 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 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, otosclerosis or death from otosclerosis 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 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;
- revising definition of 'relevant service' in clause 6;
- new definitions of 'death from otosclerosis'; 'ICD-10-AM code' and 'terminal event' in clause 6;
- deleting definition of 'ICD code'; 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 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 Repatriation Medical Authority Instrument No. 120 of 2007, introduced under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), was enacted to address the issue of otosclerosis and death from otosclerosis in relation to military service. This legislative instrument was introduced by the Repatriation Medical Authority (the Authority) in response to new medical-scientific evidence suggesting a probable link between otosclerosis, death from otosclerosis, and specific types of military service. The Authority determined a new Statement of Principles to replace the previously revoked Instrument No. 14 of 1996, clarifying the conditions under which otosclerosis or death from otosclerosis can be connected to eligible war service, defence service, and peacetime service. The policy objective was to ensure that claims for compensation are assessed according to the most current medical-scientific evidence, facilitating fair and accurate adjudication of veterans' claims.
Scope and Application
The Repatriation Medical Authority Instrument No. 120 of 2007, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, aims to address claims related to otosclerosis and death from otosclerosis among veterans and service personnel. This instrument specifically pertains to individuals who have rendered eligible war service, defence service, or peacetime service, and applies to both veterans and current or former members of the Australian Defence Force. The legislation has a national jurisdictional reach as it is enacted at the Commonwealth level, thus applying across Australia. The instrument does not explicitly state exclusions, exemptions, or thresholds, but rather focuses on the medical-scientific evidence required to establish a connection between otosclerosis, death from otosclerosis, and the service rendered. The application of this Act may be further refined or extended through subordinate instruments issued by the Authority, which could provide additional guidelines or clarifications as needed.
Key Provisions
The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA), has revoked Instrument No. 14 of 1996 concerning otosclerosis, which was determined under subsection 196B(3) of the VEA. In its place, the Authority has issued Instrument No. 120 of 2007 concerning otosclerosis, as it considers it more probable than not that otosclerosis and death from otosclerosis can be related to particular kinds of service. This new Instrument replaces the revoked one and sets out the factors that must exist for it to be said, on the balance of probabilities, that otosclerosis or death from otosclerosis is connected with the circumstances of the service rendered.
The obligations imposed by this Act on the parties it governs include the requirement for the Authority to advertise its intention to undertake an investigation into a condition and to invite submissions from relevant parties, as seen in the case of otosclerosis. The Authority must also determine Statements of Principles based on sound medical-scientific evidence. Additionally, claims for compensation for injuries sustained, diseases contracted, or deaths occurring on or after 1 July 2004 must be determined by the Military Rehabilitation and Compensation Commission using these Statements of Principles.
Failure to adhere to the provisions of this Act can result in legal consequences. While specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory notes, the revocation and replacement of Instruments suggest a regulatory framework that is responsive to new medical-scientific evidence. The Authority’s process of determining Statements of Principles and the Commission's role in handling compensation claims underscore the importance of compliance with these legislative provisions. Any breaches or non-compliance could potentially lead to disputes over entitlements or liabilities under the Act, necessitating legal recourse or review.