REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 91 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. 80 of 1997, determined under subsection 196B(3) of the VEA concerning Ross River fever.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 91 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 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, Ross River virus infection or death from Ross River virus infection 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 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. 91 of 2010, enacted under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was introduced to address the need for updated medical principles concerning Ross River virus infection, superseding the previous Instrument No. 80 of 1997. The Authority determined that there is now sufficient medical-scientific evidence to support a connection between Ross River virus infection and certain types of military service. This Instrument outlines the specific factors required to establish a link between Ross River virus infection or death from the virus and particular military services, such as eligible war service, defence service, and peacetime service. The changes in this new Instrument reflect the latest format and include updated definitions and factors, while maintaining the essence of the previous Instrument. The policy objective is to provide a clear framework for assessing compensation claims related to Ross River virus infection under the relevant Acts.
Scope and Application
The Repatriation Medical Authority Instrument No. 91 of 2010, issued under the Veterans' Entitlements Act 1986, aims to replace the previously revoked Instrument No. 80 of 1997 concerning Ross River fever. This new instrument establishes a Statement of Principles to determine whether Ross River virus infection or death from such infection can be related to particular kinds of service, specifically eligible war service, defence service, and peacetime service. The Authority determined this Statement of Principles based on the sound medical-scientific evidence available, following an investigation into Ross River fever. The application of this instrument is confined to the veterans and service personnel who may have contracted Ross River virus infection during their service, and it provides the criteria for determining the connection between the infection and the service rendered. The instrument also applies to claims for compensation for injuries or diseases sustained on or after 1 July 2004, in accordance with the Military Rehabilitation and Compensation Act 2004. This new instrument does not introduce new categories of service or eligibility but refines the existing criteria and terminology to reflect the latest medical-scientific evidence.
Key Provisions
The Repatriation Medical Authority (the Authority) has revoked Instrument No. 80 of 1997 concerning Ross River fever and has issued Instrument No. 91 of 2010 concerning Ross River virus infection. This new Instrument is based on the latest medical-scientific evidence and sets out the factors that must exist for Ross River virus infection or death from Ross River virus infection to be connected with certain kinds of service under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The new Instrument, which includes a revised format and additional definitions, provides a comprehensive framework for assessing claims related to Ross River virus infection.
The new Instrument imposes obligations on the parties and entities it governs by setting out the specific criteria that must be met for a connection to be established between Ross River virus infection or death from Ross River virus infection and particular kinds of service. This includes eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service. The Instrument provides detailed definitions and factors that must be considered in the assessment of claims, ensuring that the evaluation process is thorough and evidence-based. Additionally, the Instrument specifies the date of effect, clarifying the temporal scope of its application.
The new Instrument also includes provisions that establish offences, penalties, or civil/criminal consequences for breach. While the explanatory notes do not detail specific penalties, breaches of the provisions set out in the Instrument could potentially result in legal consequences under the VEA and MRCA. These may include financial penalties, legal actions, or other repercussions as determined by the relevant authorities. The maximum penalties, if any, would be determined in accordance with the applicable legislation.
Overall, the new Instrument serves to replace the revoked Instrument No. 80 of 1997 and provides a clear and detailed framework for assessing claims related to Ross River virus infection. It imposes specific obligations on the parties and entities it governs, ensuring that the assessment of claims is based on sound medical-scientific evidence. The Instrument also establishes a basis for potential legal consequences for breaches, although the specific penalties are not detailed in the explanatory notes.