REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 117 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. 314 of 1995 determined under subsection 196B(2) of the VEA concerning presbyopia and death from presbyopia.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that presbyopia and death from presbyopia 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. 117 of 2007 concerning presbyopia. 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 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 presbyopia or death from presbyopia, 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 presbyopia 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 'presbyopia' in clause 3;
- new definitions of 'death from presbyopia'; 'ICD-10-AM code'; 'relevant service' 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 presbyopia 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 presbyopia 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. 117 of 2007, under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), revokes the previous Instrument No. 314 of 1995 concerning presbyopia and death from presbyopia. This instrument was enacted to address the gap in the existing legislation regarding the relationship between presbyopia and military service. The Repatriation Medical Authority determined that there is sufficient medical-scientific evidence linking presbyopia and death from presbyopia to particular kinds of military service. This new instrument, which replaces the revoked one, outlines the factors that must exist and be related to specific types of service to establish a connection between presbyopia, death from presbyopia, and the circumstances of military service. The Authority conducted an investigation into presbyopia, which was notified in the Government Notices Gazette of 28 June 2006, and considered the latest medical-scientific evidence available. This new instrument reflects changes in the format and terminology used in previous instruments and is applicable for both the VEA and MRCA.
Scope and Application
The Repatriation Medical Authority Instrument No. 117 of 2007, made under the Veterans' Entitlements Act 1986 and Military Rehabilitation and Compensation Act 2004, outlines a new Statement of Principles concerning presbyopia. This replaces the previously revoked Instrument No. 314 of 1995. The new instrument is applicable to claims for compensation relating to presbyopia and death from presbyopia that are connected to specific types of military service, including operational, peacekeeping, and hazardous service, as well as warlike and non-warlike service. The instrument applies to veterans and service personnel who sustained injuries, contracted diseases, or died on or after 1 July 2004, with their claims now assessed by the Military Rehabilitation and Compensation Commission. The Authority determined this instrument following an investigation into presbyopia, which involved examining the latest medical-scientific evidence, and after inviting submissions from relevant parties, though none were received. The instrument specifies the latest format and includes revised definitions, clarifying its applicability under both the VEA and the MRCA.
Key Provisions
The Repatriation Medical Authority, acting under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA), has revoked Instrument No. 314 of 1995 concerning presbyopia and death from presbyopia. This revocation is in response to new medical-scientific evidence suggesting a link between these conditions and certain types of military service. A new Statement of Principles, Instrument No. 117 of 2007, has been issued to replace the revoked instrument. This new instrument details the circumstances under which presbyopia or death from presbyopia may be considered related to specific military services such as operational, peacekeeping, hazardous, warlike, and non-warlike services. Claims for compensation under the Military Rehabilitation and Compensation Act 2004 for injuries or diseases incurred on or after 1 July 2004 are assessed using these Statements of Principles issued by the Authority.
The new Statement of Principles outlines the factors that must be present to establish a connection between presbyopia or death from presbyopia and the relevant military service. These factors must be related to the type of service rendered, and they must be sufficient to raise a reasonable hypothesis that the condition or death was connected to the service. The instrument adopts a revised format and updates definitions to reflect the latest standards and to accommodate the commencement of the Military Rehabilitation and Compensation Act 2004. Notably, the new instrument specifies a date of effect, which clarifies its application to both the VEA and the MRCA.
Obligations under this legislation require the Repatriation Medical Authority to consider sound medical-scientific evidence when determining Statements of Principles. The Authority must advertise its intention to investigate specific conditions and invite submissions from relevant stakeholders, including the Repatriation Commission, organisations representing veterans and service personnel, and any person with expertise in the field. The Authority is also responsible for ensuring that the new instrument is circulated and available to the public upon request. The Authority must ensure that the new Statement of Principles is applied consistently in assessing claims for compensation related to presbyopia and death from presbyopia.
Failure to comply with the provisions of the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004 may result in legal consequences. While the explanatory notes do not specify offences or penalties, breaches of these Acts could lead to civil or criminal liabilities, including potential fines or other penalties as prescribed by the respective Acts. The exact nature and extent of these penalties would depend on the specific breach and applicable laws.