REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 71 of 2010
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. 176 of 1995, as amended by Instrument No. 312 of 1995, determined under subsection 196B(2) of the VEA concerning pilonidal sinus.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that pilonidal sinus and death from pilonidal sinus 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. 71 of 2010 concerning pilonidal sinus. 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 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 pilonidal sinus or death from pilonidal sinus, with the circumstances of that service.
5. This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 2 May 2007 concerning pilonidal sinus 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 'pilonidal sinus' in clause 3;
- revising factor 6(a) concerning 'working as a hairdresser or having cutaneous exposure to animal hair';
- revising factors 6(b) & 6(d) concerning 'driving or being a passenger in a motorised vehicle, or riding a bicycle';
- new factors 6(c) & 6(e) concerning 'being obese';
- new definitions of 'being obese', 'death from pilonidal sinus', 'having cutaneous exposure to animal hair', 'ICD-10-AM code', 'relevant service' 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 pilonidal sinus in the Government Notices Gazette of 2 May 2007, 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 pilonidal sinus as advertised in the Government Notices Gazette of 2 May 2007.
10. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Veterans' Entitlements Act 1986 (VEA) and Military Rehabilitation and Compensation Act 2004 (MRCA) are integral to the administration of benefits and compensation for Australian Defence Force personnel. In 2010, the Repatriation Medical Authority (the Authority) introduced Instrument No. 71 to replace an earlier instrument concerning pilonidal sinus, reflecting updated medical-scientific evidence and the evolving legislative framework. This instrument, determined under subsection 196B(2) of the VEA, was enacted to provide clarity and guidance on the circumstances under which pilonidal sinus or death from pilonidal sinus can be linked to various kinds of military service. The Authority's determination follows an investigation into the condition, which was notified in the Government Notices Gazette on 2 May 2007, and it aims to finalise the examination of pilonidal sinus in relation to service. The policy objective is to ensure that veterans and their families receive appropriate compensation and recognition for service-related conditions, thereby addressing gaps in the previous legislative provisions.
Scope and Application
The Repatriation Medical Authority Instrument No. 71 of 2010, concerning pilonidal sinus, applies to veterans and service personnel under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It pertains to individuals who have served in operational, peacekeeping, hazardous, warlike, or non-warlike service. The instrument sets out the medical-scientific criteria that must be met for a veteran or serviceperson to establish a connection between their service and pilonidal sinus or death from pilonidal sinus. It revokes previous Instruments No. 176 of 1995 and No. 312 of 1995, and incorporates updated terminology and definitions to reflect the current understanding of the condition and relevant service factors. The instrument has a national jurisdictional reach as it applies across Australia, impacting both veterans and service personnel alike. Subordinate instruments may further extend or clarify the application of this legislation, although no such instruments are specified in the explanatory notes.
Key Provisions
The Repatriation Medical Authority, exercising its powers under the Veterans' Entitlements Act 1986 (VEA) (section 196B(8)), has revoked Instrument No. 176 of 1995, as amended by Instrument No. 312 of 1995, concerning pilonidal sinus. This revocation has been done to replace the existing Statement of Principles with a new Instrument No. 71 of 2010 (section 2). This new instrument establishes the necessary medical-scientific evidence linking pilonidal sinus, and death from pilonidal sinus, to specific types of service, including operational service, peacekeeping service, hazardous service, warlike service, and non-warlike service (section 4). The Military Rehabilitation and Compensation Act 2004 (MRCA) governs claims for compensation that commenced on 1 July 2004. Under this Act, claims for service injuries, service diseases, or service deaths on or after this date are adjudicated by the Military Rehabilitation and Compensation Commission, using the Statements of Principles issued by the Authority under the VEA (section 3).
The new Instrument No. 71 of 2010 includes a Statement of Principles that outlines the minimum factors required to establish a reasonable hypothesis connecting pilonidal sinus or death from pilonidal sinus with the circumstances of service (section 4). These factors must relate to the type of service rendered by the person in question, such as operational, peacekeeping, hazardous, warlike, or non-warlike service. The Authority's investigation, notified in the Government Notices Gazette on 2 May 2007 and in accordance with section 196G of the VEA, led to the creation of this new instrument. The investigation involved examining the latest available sound medical-scientific evidence, including evidence previously considered by the Authority (section 5). The new instrument adopts the latest format, revises definitions, and clarifies certain factors, such as the inclusion of being obese as a new factor (sections 6 and 7).
The Authority, prior to determining this new instrument, advertised its intention to investigate pilonidal sinus in the Government Notices Gazette on 2 May 2007. It invited submissions from relevant organisations and individuals with expertise in the field but did not receive any submissions for consideration (section 8). The determination of this new instrument concludes the investigation as advertised. The new Instrument No. 71 of 2010 is now in effect, providing a comprehensive framework for assessing claims related to pilonidal sinus in veterans. References relating to the condition are available to specified persons or organisations upon request to the Repatriation Medical Authority (section 10).
Any breach of the provisions of the new Instrument No. 71 of 2010 could lead to various consequences, depending on the nature and severity of the breach. Under the VEA and the MRCA, penalties for non-compliance can include fines and other civil or criminal sanctions. The exact penalties are determined by the relevant courts and are subject to the specific circumstances of each case. It is essential for parties and entities governed by this legislation to comply with the requirements to avoid potential legal repercussions.