REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 90 of 2010
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. 79 of 1997, determined under subsection 196B(2) of the VEA concerning Ross River fever.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that Ross River virus infection and death from Ross River virus infection 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. 90 of 2010 concerning Ross River virus infection. 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 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 Ross River virus infection or death from Ross River virus infection, with the circumstances of that service.
5. This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 25 June 2008 concerning Ross River fever 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;
- changing the name of the Instrument to 'Ross River virus infection';
- inserting a new definition of 'Ross River virus infection' in clause 3;
- new factor 6(a) concerning 'being bitten by a mosquito infected with Ross River virus';
- new factor 6(b) concerning 'being in an area that is endemic for Ross River virus';
- new definitions of 'an area that is endemic for Ross River virus', 'death from Ross River virus infection', 'ICD-10-AM code' and 'terminal event' in clause 9;
- revising definition of 'relevant service' in clause 9;
- deleting definitions of 'ICD code', 'increased risk of exposure to mosquitoes' and 'geographical area of Ross River virus'; 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 Ross River fever in the Government Notices Gazette of 25 June 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. 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 Ross River fever as advertised in the Government Notices Gazette of 25 June 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
Overview
The Repatriation Medical Authority Instrument No. 90 of 2010, enacted under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was introduced to address the medical-scientific evidence linking Ross River virus infection and death from the virus to particular kinds of service. The Instrument revokes the previously determined Statement of Principles concerning Ross River fever and replaces it with a new set of principles that detail the factors necessary to establish a connection between Ross River virus infection or death from the virus and specific service types, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The Repatriation Medical Authority, exercising its powers under the Veterans' Entitlements Act, determined this new Instrument following an investigation into Ross River fever, with the aim of providing a more accurate and medically-sound basis for assessing compensation claims related to the virus.
Scope and Application
The Repatriation Medical Authority has revoked Instrument No. 79 of 1997, which concerned Ross River fever, and in its place, has issued Instrument No. 90 of 2010 concerning Ross River virus infection, under subsection 196B(2) of the Veterans' Entitlements Act 1986. This new Instrument sets out the medical-scientific evidence indicating that Ross River virus infection and death from Ross River virus infection can be related to particular kinds of service. The Instrument applies to persons who contracted Ross River virus infection or died from the infection in the course of operational service, peacekeeping service, hazardous service, warlike service, or non-warlike service as defined by the relevant acts. The Instrument's geographic reach applies nationally in Australia, and its application is determined by the Military Rehabilitation and Compensation Commission for claims made under the Military Rehabilitation and Compensation Act 2004. The new Instrument includes several changes from the revoked version, such as adopting a revised Instrument format, updating definitions, and clarifying the circumstances under which a connection between Ross River virus infection or death and service can be reasonably hypothesised. The Authority has determined this Instrument for the purposes of both the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.
Key Provisions
The Repatriation Medical Authority (the Authority) has revoked Instrument No. 79 of 1997 concerning Ross River fever and issued Instrument No. 90 of 2010, under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA). This new Instrument establishes a Statement of Principles to replace the revoked one, detailing the medical-scientific evidence linking Ross River virus infection or death from the virus to specific kinds of service (subsection 196B(2) of the VEA). These services include operational, peacekeeping, and hazardous service under the VEA, and warlike and non-warlike service under the Military Rehabilitation and Compensation Act 2004 (MRCA). The Instrument outlines the minimum factors that must exist to establish a connection between the infection or death and the service rendered by the person.
The Authority has determined this Statement of Principles following an investigation announced in the Government Notices Gazette on 25 June 2008, in accordance with section 196G of the VEA. The investigation examined the latest medical-scientific evidence available, including what had previously been considered. The new Instrument, while similar to the old one, includes several key changes such as adopting the latest revised Instrument format, updating the definition of 'Ross River virus infection', and clarifying that the Statement of Principles applies to both the VEA and the MRCA. Additionally, it introduces new factors related to being bitten by a mosquito infected with Ross River virus and being in an area endemic for the virus, along with revised definitions of terms such as'relevant service' and 'terminal event'.
Parties governed by this Act, including veterans and service personnel, must adhere to the new Statement of Principles when making claims for compensation for Ross River virus infection or death from the virus. These claims, if commenced on or after 1 July 2004, are determined by the Military Rehabilitation and Compensation Commission by reference to the Statements of Principles issued by the Authority. The Statement of Principles must be considered in the context of the kinds of service mentioned, and the factors listed must be related to the service for a reasonable hypothesis to be raised.
Breach of the provisions outlined in the Statement of Principles could result in various consequences, including civil or criminal penalties. However, the specific offences, penalties, or consequences are not detailed within the text of the Instrument. The Authority’s determination and the subsequent compliance with the Statement of Principles are crucial to ensure that claims for compensation are processed accurately and fairly, reflecting the medical-scientific evidence related to Ross River virus infection and death.