REPATRIATION MEDICAL AUTHORITY

INSTRUMENT NO. 84 of 2011

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

EXPLANATORY NOTES FOR TABLING

1. The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA), revokes Instrument No. 34 of 2006, determined under subsection 196B(3) of the VEA concerning retinal vascular occlusive disease.

2.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that retinal vascular occlusive disease and death from retinal vascular occlusive disease 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. 84 of 2011 concerning retinal vascular occlusive disease.  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, retinal vascular occlusive disease or death from retinal vascular occlusive disease is connected with the circumstances of that service.

5.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 5 November 2008 concerning retinal vascular occlusive disease 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 this Instrument are in similar terms as the revoked Instrument.  Comparing this Instrument and the revoked Instrument, the differences include:

• revising factor 6(h) concerning 'being obese';
• extending factor 6(l) concerning 'retinal vein occlusion only', to include 'angle-closure glaucoma', 'being dehydrated' and 'paroxysmal nocturnal haemoglobinuria';
• deleting factor 6(m) concerning 'being dehydrated' as it is now covered by factor 6(l);
• renumbering factor 6(n) as 6(m) concerning 'retinal arterial occlusion only', and extending the factor to include 'giant cell arteritis, polyarteritis nodosa or Takayasu's arteritis' and 'ipsilateral carotid arterial disease';
• new factor 6(n) concerning 'combined oral contraceptive pill';
• new factor 6(o) concerning 'a haematological disorder';
• new factor 6(p) concerning 'vasculitis';
• new factor 6(q) concerning 'microscopic polyangiitis';
• new factor 6(r) concerning 'thromboangiitis obliterans (Buerger's disease)';
• new factor 6(s) concerning 'systemic lupus erythematosus';
• new factor 6(t) concerning 'a disease from the specified list';
• new factor 6(u) concerning 'migraine';
• new factor 6(v) concerning 'ocular or orbital infection';
• new factor 6(w) concerning 'a lesion of the tissues within the orbit, of the optic nerve, or within the eye';
• new factor 6(x) concerning 'an ipsilateral neoplasm';
• new factor 6(y) concerning 'a vascular abnormality';
• new definitions of 'a disease from the specified list', 'a haematological disorder from the specified list of haematological disorders that are associated with a hypercoagulable state', 'ocular or orbital infection' and 'paroxysmal nocturnal haemoglobinuria' in clause 9;
• revising definitions of 'a drug from the specified list', 'a potential source of embolus to the eye' and 'ICD-10-AM code'  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 retinal vascular occlusive disease in the Government Notices Gazette of 5 November 2008, 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 Instrument finalises the investigation in relation to retinal vascular occlusive disease as advertised in the Government Notices Gazette of 5 November 2008.

10.         A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA.  Any such request must be made in writing to the Repatriation Medical Authority at the following address:

The Registrar

Repatriation Medical Authority Secretariat

GPO Box 1014

BRISBANE    QLD    4001