REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 76 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. 46 of 2001, as amended by Instrument No. 54 of 2001, determined under subsection 196B(3) of the VEA concerning pterygium and death from pterygium.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that pterygium and death from pterygium 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. 76 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 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, pterygium or death from pterygium 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 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' in clause 9;
- deleting definition of 'solar UV damage factor ratio';
- 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. 76 of 2007, made under the Veterans’ Entitlements Act 1986, aims to address the issue of pterygium and death from pterygium in relation to certain types of service. This instrument replaces the previously revoked Instruments No. 46 and 54 of 2001, which also dealt with pterygium. The Authority's determination is based on the available medical-scientific evidence suggesting a probable connection between pterygium, death from pterygium, and particular kinds of service. This legislative instrument was enacted to provide clarity and updated guidelines on the criteria for determining liability for pterygium in veterans, service personnel, and their dependants, ensuring that claims for compensation post-1 July 2004 are assessed appropriately under the Military Rehabilitation and Compensation Act 2004. The Repatriation Medical Authority, acting on behalf of the Parliament, seeks to achieve the policy objective of providing fair and accurate assessments of service-related conditions for those entitled to benefits under the Act.
Scope and Application
The Repatriation Medical Authority Instrument No. 76 of 2007, under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), pertains to the determination of Statements of Principles concerning pterygium, including death from pterygium, in relation to service rendered by individuals. This instrument applies to eligible war service, defence service, and peacetime service as defined under the VEA and MRCA, respectively, and is relevant to any person who has sustained pterygium or died from pterygium as a result of their service. The Statement of Principles outlines the factors that must be present and related to the service to establish a connection with the condition on the balance of probabilities. The instrument revokes the previous Instrument No. 46 of 2001, as amended, and adopts a new format to align with the MRCA. The instrument's scope extends to the Commonwealth level and affects the determination of compensation claims for service injuries and diseases from 1 July 2004, as per the MRCA. While the instrument is comprehensive, it does not specify exclusions or thresholds; however, it does clarify that certain definitions and factors have been revised or newly introduced to enhance the understanding and application of the legislation in claims assessment.
Key Provisions
The Repatriation Medical Authority (RMA), under section 196B(8) of the Veterans’ Entitlements Act 1986 (VEA), has revoked Instrument No. 46 of 2001, as amended by Instrument No. 54 of 2001, which dealt with pterygium and death from pterygium. This revocation is due to the Authority's conclusion that there is a sound basis to link pterygium and death from pterygium to specific kinds of service based on the available medical-scientific evidence. Consequently, the Authority has determined a new Statement of Principles, Instrument No. 76 of 2007, which replaces the previous instruments concerning pterygium. This new instrument sets out the factors that must exist, and which of those factors must be related to certain types of service, before it can be said that, on the balance of probabilities, pterygium or death from pterygium is connected with the circumstances of that service. This Statement of Principles applies to eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service.
The Statement of Principles, Instrument No. 76 of 2007, serves to clarify the eligibility criteria for compensation claims related to pterygium under both the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Military Rehabilitation and Compensation Commission (MRCC) will determine claims for compensation that relate to service injuries sustained, service diseases contracted, or service deaths on or after 1 July 2004, by reference to the Statements of Principles issued by the Authority. This ensures that all claims are assessed consistently with the latest medical evidence and legal requirements. The RMA has undertaken an investigation, as notified in the Government Notices Gazette of 1 March 2006, and has revised the Instrument to adopt the latest format, incorporate new definitions, and specify a date of effect, among other changes.
The obligations imposed on parties and entities governed by this Act include the requirement for claimants to provide sufficient evidence that the pterygium or death from pterygium is connected to their service, as outlined in the new Statement of Principles. The RMA must ensure that the new instrument reflects the most recent medical-scientific evidence and legal requirements. The MRCC, in turn, must use this updated Statement of Principles to determine claims for compensation related to service injuries or diseases on or after 1 July 2004. The Authority is also required to advertise its intention to undertake investigations in the Government Notices Gazette and to invite submissions from relevant organisations and individuals.
There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of the provisions in this instrument. However, the failure to comply with the requirements for submitting evidence or the incorrect application of the Statement of Principles could potentially lead to the denial of compensation claims. The primary consequence of non-compliance would be the rejection of a claim based on insufficient evidence or incorrect application of the criteria set out in the Statement of Principles. It is essential for claimants and the MRCC to adhere to the provisions of this instrument to ensure that claims are assessed fairly and accurately.