REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 72 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. 177 of 1995, as amended by Instrument No. 313 of 1995, determined under subsection 196B(3) of the VEA concerning pilonidal sinus.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 72 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 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, pilonidal sinus or death from pilonidal sinus 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 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(c) concerning 'driving or being a passenger in a motorised vehicle, or riding a bicycle';
- new definitions of '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 Repatriation Medical Authority Instrument No. 72 of 2010 amends and replaces previous instruments concerning the recognition of pilonidal sinus as a service-related condition for the purposes of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument was enacted to address the need for an updated Statement of Principles regarding the connection between pilonidal sinus and certain types of military service, based on the most recent medical-scientific evidence. The instrument revokes the previous Instrument No. 177 of 1995, reflecting changes in the understanding of the condition and its relation to service, and incorporates updated definitions and formatting consistent with current legislative practices. This update was determined after an investigation into pilonidal sinus announced in the Government Notices Gazette on 2 May 2007, with no submissions received during the investigation phase.
Scope and Application
The Repatriation Medical Authority Instrument No. 72 of 2010, which amends the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishes a new Statement of Principles concerning pilonidal sinus, effectively replacing the previously revoked Instruments No. 177 of 1995 and No. 313 of 1995. This Instrument applies to veterans and service personnel who have sustained or are likely to sustain pilonidal sinus or death from pilonidal sinus as a result of their service, including eligible war service, defence service, and peacetime service as defined by the VEA and MRCA. The Instrument applies nationally across Australia, providing a uniform standard for determining liability and compensation claims related to pilonidal sinus. While the Instrument does not explicitly state exclusions, it delineates specific factors and conditions that must be met for a connection between pilonidal sinus and service to be recognised. The Authority’s determination of the Instrument, pursuant to subsection 196B(3) of the VEA, ensures that any claims for compensation, particularly those commencing on or after 1 July 2004, are assessed in accordance with the new principles outlined. The Authority’s process involved an extensive review of medical-scientific evidence and public consultation, although no submissions were received during the investigation phase.
Key Provisions
The Repatriation Medical Authority (the Authority) has determined a new Statement of Principles, Instrument No. 72 of 2010, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA), which revokes Instrument No. 177 of 1995 as amended by Instrument No. 313 of 1995. This new Instrument pertains to the condition of pilonidal sinus and death from pilonidal sinus, aiming to replace the previously revoked Statements of Principles (subsection 196B(8) of the VEA). The Authority's determination is based on the sound medical-scientific evidence available, establishing a probable connection between pilonidal sinus and specific types of military service.
The Statement of Principles outlines the factors that must exist and be related to eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service, for it to be said that pilonidal sinus or death from pilonidal sinus is connected with the circumstances of the service (subsection 196B(3) of the VEA). The Authority has adopted the latest revised Instrument format and made several revisions to the definitions and factors previously considered, such as revising the definition of 'pilonidal sinus' and adding new definitions for 'death from pilonidal sinus', 'having cutaneous exposure to animal hair', and 'terminal event', among others.
Under the Military Rehabilitation and Compensation Act 2004 (MRCA), claims for compensation related to service injuries, diseases, or deaths occurring on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission, using the Statements of Principles issued by the Authority under the VEA. This new Instrument, as well as any subsequent amendments, will be used for determining such claims under both the VEA and the MRCA (subsection 196B(3A) of the VEA).
The Authority is obligated to consider all relevant medical-scientific evidence and to provide an opportunity for submissions from various stakeholders, including the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any other persons with expertise in the field. In this case, the Authority advertised its intention to investigate pilonidal sinus in the Government Notices Gazette of 2 May 2007 and invited submissions, but none were received for consideration.
Failure to comply with the requirements set forth in the Statement of Principles may result in denial of compensation claims related to pilonidal sinus or death from pilonidal sinus for service rendered on or after the specified date. No specific penalties are mentioned for breaches of the Act or Instrument, but the consequences could include financial losses for the claimant and potential legal challenges to the Authority's determinations.