REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 75 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. 45 of 2001, as amended by Instrument No. 53 of 2001, determined under subsection 196B(2) of the VEA concerning pterygium and death from pterygium.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that pterygium and death from pterygium 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. 75 of 2007 concerning pterygium. 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 pterygium or death from pterygium, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 1 March 2006 concerning pterygium 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 'pterygium' in clause 3;
- new factor 6(b) concerning 'sunlight exposure';
- revising definitions of 'ICD-10-AM code' and 'relevant service';
- deleting definition of 'solar UV damage factor ratio' in clause 9;
- new definitions of 'a tropical area'; 'equivalent sunlight exposure in other latitude zones'; 'solar UV exposure factor ratio'; 'solar UV exposure factor ratio formula' and 'unprotected eye' in clause 9; 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 pterygium in the Government Notices Gazette of 1 March 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. One submission was received for consideration by the Authority during the investigation.
9. The determining of this new instrument finalises the investigation in relation to pterygium as advertised in the Government Notices Gazette of 1 March 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. 75 of 2007, under subsection 196B(8) of the Veterans' Entitlements Act 1986, revokes the previous Instrument No. 45 of 2001 concerning pterygium and death from pterygium. This revision addresses the issue by establishing a new Statement of Principles in response to sound medical-scientific evidence that links pterygium and death from pterygium to particular kinds of service. The policy objective is to ensure that claims for compensation for pterygium are assessed in line with the latest medical understanding and service-related evidence. This new instrument will be applicable for claims under the Military Rehabilitation and Compensation Act 2004, which governs compensation for injuries or diseases sustained from 1 July 2004 onwards. The Authority sought submissions from relevant organisations and experts, and this new instrument finalises the investigation into pterygium that was advertised on 1 March 2006.
Scope and Application
The Repatriation Medical Authority, under the Veterans' Entitlements Act 1986, has revoked and replaced previous Instruments concerning pterygium and death from pterygium with Instrument No. 75 of 2007. This new instrument applies to claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 for service-related pterygium or death from pterygium, focusing on various kinds of service including operational, peacekeeping, hazardous, warlike, and non-warlike service. It sets forth the factors that must be related to these types of service for a reasonable hypothesis to connect the condition with the service circumstances. The Authority conducted an investigation and received submissions from relevant stakeholders, leading to the establishment of this new Statement of Principles. The new instrument clarifies the application of the principles for both the VEA and the MRCA, following the commencement of the MRCA, and incorporates updated definitions and factors, such as sunlight exposure, to reflect the latest medical-scientific evidence.
Key Provisions
The key provisions of the Repatriation Medical Authority Instrument No. 75 of 2007 are primarily concerned with the revocation of previous instruments and the establishment of a new Statement of Principles concerning pterygium (subsection 196B(2) of the Veterans' Entitlements Act 1986). This instrument is designed to replace the previous determinations regarding pterygium and death from pterygium. The Authority's determination is based on the latest medical-scientific evidence, which indicates a connection between pterygium, death from pterygium, and specific types of service. The new instrument outlines the factors that must exist and be related to operational, peacekeeping, hazardous, warlike, and non-warlike service for a reasonable hypothesis to be raised connecting pterygium or death from pterygium with the circumstances of the service.
Under the Veterans' Entitlements Act 1986, the Repatriation Medical Authority is tasked with determining Statements of Principles that outline the conditions necessary to establish a connection between certain diseases or conditions and military service. The obligations imposed by this instrument on parties such as veterans, service personnel, and their dependants include providing evidence of service and the existence of the condition in question. The Military Rehabilitation and Compensation Act 2004 further mandates that claims for compensation for injuries, diseases, or deaths occurring after 1 July 2004 must be assessed with reference to these Statements of Principles. This places an onus on claimants to ensure their claims are substantiated by the necessary medical and service evidence, while the Authority must review and accept or reject claims based on the provided evidence and the criteria set out in the Statement of Principles.
Breaches of the requirements stipulated by this instrument, such as providing false information or failing to meet the criteria for a claim, can lead to various consequences. While the document does not explicitly detail criminal penalties, it is implied that providing false information could lead to civil or criminal consequences, including fines and imprisonment under the general provisions of the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act. The exact penalties would depend on the nature and severity of the breach, as well as the specific legal context in which it occurs. The Authority is responsible for ensuring compliance and may take action against individuals who do not adhere to the provisions of the instrument.