REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 77 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. 251 of 1995 determined under subsection 196B(2) of the VEA concerning pinguecula and death from pinguecula.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that pinguecula and death from pinguecula 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. 77 of 2007 concerning pinguecula. 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 pinguecula or death from pinguecula, 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 pinguecula 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 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 'pinguecula' in clause 3;
- new factor 6(a) concerning 'solar UV exposure';
- new factor 6(b) concerning 'sunlight exposure';
- deleting definition of 'ICD code';
- new definitions of 'a tropical area'; 'death from pinguecula'; 'equivalent sunlight exposure in other latitude zones'; 'relevant service'; ' solar UV exposure factor ratio'; 'solar UV exposure factor ratio formula'; 'terminal event' and 'unprotected eye'; 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 pinguecula 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 pinguecula 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 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) are two significant pieces of legislation that govern the entitlements and compensation for Australian Defence Force (ADF) veterans. To address the problem of determining the service-related causes of certain medical conditions, including pinguecula, the Repatriation Medical Authority (RMA) under subsection 196B(8) of the VEA revoked Instrument No. 251 of 1995. The Authority has since introduced Instrument No. 77 of 2007, which outlines a Statement of Principles concerning pinguecula, replacing the revoked Statements of Principles. This instrument aims to provide clarity and guidance on the medical-scientific evidence linking pinguecula and death from pinguecula to particular types of service, and it is designed to be used for determining compensation claims under the MRCA. The Authority has taken into account the latest medical-scientific evidence available and has made several changes to the instrument format, including the addition of new factors and definitions, to improve the accuracy and relevance of the Statement of Principles.
Scope and Application
The Repatriation Medical Authority, as per the Veterans' Entitlements Act 1986, has established a new Instrument, No. 77 of 2007, concerning pinguecula, replacing the previously revoked Instrument No. 251 of 1995. This new Statement of Principles applies to veterans who served in various capacities, including operational, peacekeeping, and hazardous service under the VEA, as well as warlike and non-warlike service under the Military Rehabilitation and Compensation Act 2004. It pertains specifically to claims for compensation regarding pinguecula or death from pinguecula sustained or contracted on or after 1 July 2004. The new instrument clarifies the factors that must exist and be related to the service rendered before a reasonable hypothesis can be raised connecting pinguecula or death from pinguecula to the service. The Instrument is determined for both the VEA and the MRCA, and its application extends to those who have served in the specified categories and have sustained or contracted pinguecula on or after the relevant date. The instrument does not specify any exclusions, exemptions, or thresholds but relies on the sound medical-scientific evidence to determine eligibility for compensation.
Key Provisions
The key provisions of this legislation revolve around the revocation of Instrument No. 251 of 1995, which dealt with pinguecula and death from pinguecula under the Veterans' Entitlements Act 1986 (VEA). The Repatriation Medical Authority (RMA) has determined a new Statement of Principles, Instrument No. 77 of 2007, under subsection 196B(2) of the VEA, to replace the revoked instrument. This new instrument aims to address pinguecula and death from pinguecula as potentially related to specific types of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The RMA's determination is based on sound medical-scientific evidence indicating a connection between these conditions and particular kinds of military service.
The obligations imposed by this Act primarily concern the RMA's role in determining Statements of Principles. The RMA is tasked with ensuring that these statements accurately reflect the latest medical-scientific evidence and that they appropriately connect pinguecula or death from pinguecula with relevant types of service. The RMA must also ensure that these statements comply with the Military Rehabilitation and Compensation Act 2004 (MRCA), particularly concerning claims for compensation that commenced on 1 July 2004. The RMA must advertise its intention to investigate and invite submissions from relevant stakeholders, although no submissions were received for this particular investigation. The RMA must also ensure that the new instrument is formatted according to the latest revised Instrument format and specifies the effective date of the instrument.
The legislation imposes several obligations on the parties and entities it governs. For instance, the RMA must determine Statements of Principles that reflect the latest medical-scientific evidence and accurately connect pinguecula or death from pinguecula with relevant military service. This determination must be made under subsection 196B(2) of the VEA and must take into account the factors set out in the new Statement of Principles. The RMA must also ensure that the new instrument complies with the MRCA and is formatted according to the latest revised Instrument format. Additionally, the RMA must specify the effective date of the instrument.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in this legislation for breach of the provisions. However, the RMA's failure to accurately determine Statements of Principles or to comply with the requirements of the VEA and MRCA could potentially lead to legal challenges or disputes concerning veterans' entitlements and compensation claims. The RMA's role in determining these statements is crucial, and any failure to accurately reflect the latest medical-scientific evidence could have significant implications for affected veterans and their dependants.