REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 78 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. 252 of 1995 determined under subsection 196B(3) of the VEA concerning pinguecula and death from pinguecula.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that pinguecula and death from pinguecula 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. 78 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 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, pinguecula or death from pinguecula 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 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 Repatriation Medical Authority Instrument No. 78 of 2007, made under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), addresses the issue of pinguecula and death from pinguecula in relation to military service. This instrument was enacted to update the understanding of the connection between service conditions and these medical conditions based on the latest medical-scientific evidence. The Authority, acting under subsection 196B(3) of the VEA, has determined a new Statement of Principles, which replaces the previous revoked statements concerning pinguecula. This legislative instrument clarifies the criteria required to establish a connection between pinguecula or death from pinguecula and certain types of military service, aligning with the commencement of the MRCA on 1 July 2004. The Authority conducted an investigation into pinguecula, notified in the Government Notices Gazette of 28 June 2006, which informed the revision of the Instrument to adopt a new format and include additional factors such as solar UV exposure and sunlight exposure. This instrument also specifies the date of effect and aims to finalise the investigation into pinguecula as initially advertised.
Scope and Application
The Repatriation Medical Authority Instrument No. 78 of 2007, established under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, outlines a new Statement of Principles concerning pinguecula, replacing the previously revoked Instrument No. 252 of 1995. This instrument applies to eligible war service, defence service, and peacetime service, and aims to determine the connection between pinguecula or death from pinguecula and the circumstances of such service. The instrument sets out the factors that must exist for a service-related connection to be established, with the latest medical-scientific evidence guiding these determinations. The instrument’s scope extends to individuals who have served in the specified categories of service and who have pinguecula or have died from it, with the Authority determining the acceptance of liability for these conditions under the relevant Acts. The instrument is applicable nationally, as it is determined by the Commonwealth-based Repatriation Medical Authority, and it supersedes previous instruments by adopting a revised format and incorporating new definitions and factors. The Authority has ensured transparency by advertising its investigation in the Government Notices Gazette and inviting submissions from relevant organisations and individuals, although no submissions were received during the investigation.
Key Provisions
The main operative sections of this legislation involve the revocation of Instrument No. 252 of 1995, which related to pinguecula and death from pinguecula, and the introduction of Instrument No. 78 of 2007. This new instrument, determined under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA), sets out a Statement of Principles that outlines the factors that must exist for it to be said that, on the balance of probabilities, pinguecula or death from pinguecula is connected to particular kinds of service, such as eligible war service, defence service, or peacetime service. These provisions clarify the medical and service-related criteria necessary for claims related to pinguecula and death from pinguecula.
The obligations and requirements imposed by this Act primarily fall on the Repatriation Medical Authority (the Authority). The Authority is tasked with determining Statements of Principles based on sound medical-scientific evidence, ensuring these principles are relevant to specific kinds of service. Additionally, the Authority must provide a mechanism for advertising investigations and inviting submissions from relevant organisations and individuals. The Authority must also ensure that any new instruments comply with the latest revised Instrument format and address the requirements of both the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Military Rehabilitation and Compensation Commission, on the other hand, must use these Statements of Principles to determine claims for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004.
The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches within the explanatory notes provided. However, given the nature of the legislation, non-compliance with the Authority’s determinations or failure to adhere to the specified criteria for claims could potentially lead to disputes or litigation. The consequences of such disputes would depend on the specific circumstances and the applicable laws at the time. For example, if the Authority’s determinations are challenged in court, the outcome could affect the validity of claims related to pinguecula and death from pinguecula. Additionally, any procedural missteps by the Authority in determining the Statements of Principles could lead to judicial review or other legal remedies.