REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 46 of 2008
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. 2 of 1997, determined under subsection 196B(3) of the VEA concerning relapsing polychondritis and death from relapsing polychondritis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that relapsing polychondritis and death from relapsing polychondritis 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. 46 of 2008 concerning relapsing polychondritis. 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, relapsing polychondritis or death from relapsing polychondritis 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 relapsing polychondritis 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 Instrument. 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 'relapsing polychondritis' in clause 3;
- new definitions of 'death from relapsing polychondritis', 'ICD-10-AM code' and 'terminal event' in clause 6;
- revising definition of 'relevant service' 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 relapsing polychondritis 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 relapsing polychondritis 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. 46 of 2008, concerning relapsing polychondritis, was enacted to address the medical condition and its association with certain kinds of service, particularly in relation to veterans. This instrument was introduced to replace the previously revoked Instrument No. 2 of 1997, as determined under the Veterans’ Entitlements Act 1986 (VEA). The Authority, acting under subsection 196B(3) of the VEA, concluded that it was more probable than not that relapsing polychondritis and death from relapsing polychondritis could be related to specific types of service, thus necessitating a new Statement of Principles. The instrument also aligns with the Military Rehabilitation and Compensation Act 2004 (MRCA), under which claims for compensation are assessed based on the Statements of Principles issued by the Authority. The primary objective of this instrument is to clarify the medical and service-related criteria required for veterans to establish a connection between their service and relapsing polychondritis or death from this condition.
Scope and Application
The Repatriation Medical Authority (the Authority) has issued Instrument No. 46 of 2008, revoking Instrument No. 2 of 1997 concerning relapsing polychondritis and death from relapsing polychondritis, as determined under the Veterans' Entitlements Act 1986. This new instrument applies to eligible war service, defence service, and peacetime service, encompassing veterans and service personnel who may have contracted relapsing polychondritis or died from it as a result of their service. This Instrument is applicable nationally, affecting all veterans and service personnel across Australia who may have been exposed to conditions that could result in relapsing polychondritis. The new Instrument replaces the previous one and outlines the specific circumstances and factors that must exist for a connection to be made between the service rendered and the condition or death. The Authority’s determination of these Statements of Principles is made pursuant to both the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, ensuring that claims for compensation for service injuries, diseases, or deaths occurring on or after 1 July 2004 are assessed correctly. The Instrument does not explicitly state any exclusions, but its application is contingent upon the medical-scientific evidence available to the Authority and the specific circumstances of the service in question. The Authority may extend or restrict the application of this Instrument through subordinate instruments, as necessary.
Key Provisions
The Repatriation Medical Authority (the Authority) has issued Instrument No. 46 of 2008 under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), which revokes Instrument No. 2 of 1997 concerning relapsing polychondritis and death from relapsing polychondritis. This new instrument establishes a Statement of Principles that outlines the circumstances under which relapsing polychondritis or death from relapsing polychondritis can be considered related to specific types of service (sections 1 and 2).
The new Statement of Principles (section 4) sets out the factors that must exist, and which of those factors must be related to eligible war service, defence service, or peacetime service before it can be said that, on the balance of probabilities, relapsing polychondritis or death from relapsing polychondritis is connected with the circumstances of that service. This instrument is designed to replace the previously revoked Instrument No. 2 of 1997, reflecting updated medical-scientific evidence and the latest format adopted in 2005.
The Authority, acting under subsection 196B(3) of the VEA, has determined this new Statement of Principles after conducting an investigation (section 5). This investigation involved examining the most recent medical-scientific evidence available to the Authority, including evidence previously considered. The Authority advertised its intention to investigate in the Government Notices Gazette of 28 June 2006 and invited submissions from relevant organisations and individuals, although no submissions were received.
In terms of obligations, the new Statement of Principles must be adhered to when assessing claims under section 319 of the MRCA for service injuries sustained, diseases contracted, or deaths occurring on or after 1 July 2004. The Military Rehabilitation and Compensation Commission is responsible for determining these claims by reference to Statements of Principles issued by the Authority under the VEA (section 3).
Any breach of the provisions outlined in this instrument may not directly result in specific offences or penalties within the text. However, failure to comply with the Statement of Principles when assessing claims could potentially lead to incorrect determinations of liability, which might have legal and financial repercussions for claimants and the government. While the text does not explicitly state maximum penalties for breaches, any such breaches could result in legal challenges or disputes that may require resolution through the courts.