REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 118 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. 315 of 1995 determined under subsection 196B(3) of the VEA concerning presbyopia and death from presbyopia.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that presbyopia and death from presbyopia 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. 118 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 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, presbyopia or death from presbyopia 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 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. 118 of 2007, enacted under the Veterans’ Entitlements Act 1986 (VEA), addresses the issue of presbyopia and death from presbyopia in the context of veterans' entitlements and military rehabilitation. The Authority, pursuant to subsection 196B(3) of the VEA, has determined a Statement of Principles concerning presbyopia, revoking the previous Instrument No. 315 of 1995. This decision was based on the medical-scientific evidence indicating a probable link between presbyopia, death from presbyopia, and specific kinds of service, including eligible war service, defence service, and peacetime service. The instrument also aligns with the Military Rehabilitation and Compensation Act 2004 (MRCA), which governs claims for compensation from 1 July 2004, with the Military Rehabilitation and Compensation Commission determining such claims by reference to Statements of Principles issued by the Authority. The policy objective is to ensure that veterans and their dependants receive appropriate recognition and compensation for service-related conditions, facilitated by the latest available medical-scientific evidence.
Scope and Application
The Repatriation Medical Authority (RMA) Instrument No. 118 of 2007, under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), revises the conditions under which claims for presbyopia and death from presbyopia can be accepted as related to service. This Act applies to veterans, service personnel, and their dependants who have rendered eligible war service, defence service, or peacetime service as defined by the VEA and MRCA. The instrument outlines the specific factors and types of service that must be related to presbyopia or death from presbyopia for a claim to be accepted. The instrument has a national reach, governing the eligibility criteria across Australia. Exclusions or exemptions are not explicitly stated in the explanatory notes, but the specific criteria for service-related presbyopia or death must be met. The instrument is effective as of its determination and may be subject to further modifications through subordinate instruments, such as changes in the Statement of Principles or updates in medical-scientific evidence.
Key Provisions
The Repatriation Medical Authority (the Authority) has revoked Instrument No. 315 of 1995 concerning presbyopia and death from presbyopia under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA). This revocation is based on the Authority’s assessment that there is sufficient medical-scientific evidence to establish a probable link between presbyopia, death from presbyopia, and specific types of military service. To address this, the Authority has issued a new Statement of Principles, Instrument No. 118 of 2007, which provides updated criteria for establishing a connection between presbyopia, death from presbyopia, and various service types under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).
Under the new Statement of Principles, a claimant must demonstrate that certain factors exist and that these factors are related to eligible war service, defence service, or peacetime service to establish a connection with presbyopia or death from presbyopia. The Authority has outlined these factors in detail to ensure clarity and consistency in determining eligibility for benefits. The new instrument adopts a revised format and includes updated definitions to align with the latest medical and legislative standards. For example, the definition of 'presbyopia' has been revised, and new definitions for terms such as 'death from presbyopia', 'ICD-10-AM code', 'relevant service', and 'terminal event' have been introduced to enhance the precision and applicability of the criteria.
The obligations imposed by the Act on the parties involved include the requirement for claimants to provide comprehensive evidence supporting their claims, including medical records and service details. The Authority is tasked with reviewing and assessing the submitted evidence against the criteria outlined in the Statement of Principles. If a claimant's evidence satisfies the requirements, the Authority will determine the acceptance of liability for the service-related condition. The MRCA further mandates that the Military Rehabilitation and Compensation Commission must reference these Statements of Principles when deciding on claims for compensation related to service injuries, diseases, or deaths occurring on or after 1 July 2004.
Failure to comply with the provisions of the Act or providing false information in a claim can result in significant legal consequences. Under the MRCA, providing false information or documentation can be considered an offence, leading to criminal charges. The penalties for such offences can include substantial fines and imprisonment, reflecting the seriousness of fraudulent claims. Additionally, civil penalties may apply for misrepresentation or failure to disclose relevant information, which could result in the recovery of any benefits already paid. The maximum penalties for these offences are determined by the severity of the offence and the circumstances surrounding the breach.