REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 115 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. 288 of 1995 determined under subsection 196B(2) of the VEA concerning sarcoidosis and death from sarcoidosis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that sarcoidosis and death from sarcoidosis 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. 115 of 2007 concerning sarcoidosis. 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 sarcoidosis or death from sarcoidosis, 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 sarcoidosis 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 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 'sarcoidosis' in clause 3;
- new factors 6(a) and 6(d) concerning 'hepatitis C virus';
- new factors 6(b) and 6(e) concerning 'HIV infection';
- new factor 6(c) concerning 'organ or tissue transplant';
- new definitions of 'chronic infection with the hepatitis C virus'; 'death from sarcoidosis'; 'ICD-10-AM code'; 'relevant service' and 'terminal event' in clause 9;
- deleting definition of 'ICD code'; 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 sarcoidosis 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 sarcoidosis 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. 115 of 2007 was enacted in 2007 to address the issue of sarcoidosis and death from sarcoidosis in relation to particular kinds of military service. This legislation was introduced to replace the previously revoked Instrument No. 288 of 1995. The Authority, established under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA), determined this new Statement of Principles after reviewing sound medical-scientific evidence indicating a connection between sarcoidosis and certain types of military service. The policy objective was to ensure that claims for compensation related to sarcoidosis are assessed based on the latest available evidence and to provide clarity for those making claims under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).
Scope and Application
The Repatriation Medical Authority Instrument No. 115 of 2007, issued under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, pertains to the determination of sarcoidosis and death from sarcoidosis as service-related conditions. This instrument applies to individuals who have served in various capacities, including operational, peacekeeping, and hazardous service under the Veterans' Entitlements Act, as well as warlike and non-warlike service under the Military Rehabilitation and Compensation Act. It specifies that a reasonable hypothesis connecting sarcoidosis or death from sarcoidosis with service must be established, based on sound medical-scientific evidence, for these conditions to be recognised as service-related. This instrument effectively replaces a previous instrument revoked in 2007. It is applicable nationally, covering all veterans and current members of the Australian Defence Force who may have contracted or died from sarcoidosis during or after their service. The instrument also clarifies that it applies to claims for compensation that commenced on or after 1 July 2004, with the Military Rehabilitation and Compensation Commission determining these claims based on the Authority’s Statements of Principles.
Key Provisions
The Repatriation Medical Authority (the Authority) has issued Instrument No. 115 of 2007 under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), which concerns sarcoidosis and death from sarcoidosis. This instrument revokes the previous Instrument No. 288 of 1995, reflecting new medical-scientific evidence that links sarcoidosis and death from sarcoidosis to specific types of military service. Instrument No. 115 sets out a Statement of Principles that specifies the minimum factors necessary to establish a reasonable hypothesis connecting sarcoidosis or death from sarcoidosis with the service of a person. This applies to various kinds of service including operational, peacekeeping, hazardous, warlike, and non-warlike service.
The new instrument imposes several obligations and requirements on the parties involved. It mandates that claims for compensation related to sarcoidosis or death from sarcoidosis, which were incurred on or after 1 July 2004, be assessed by the Military Rehabilitation and Compensation Commission. These claims must be evaluated based on the factors outlined in the new Statement of Principles issued by the Authority. Additionally, the Authority must ensure that any investigation into conditions such as sarcoidosis is properly advertised and that there is an opportunity for submissions from relevant stakeholders. The Authority must also ensure that any new instrument is in line with the latest revised Instrument format and includes necessary definitions and specifications, such as the ICD-10-AM code and the date of effect for the instrument.
There are no explicit provisions in the text concerning offences, penalties, or civil/criminal consequences for breach. However, the failure to comply with the requirements and obligations set out in the new instrument could potentially lead to disputes or legal challenges regarding the assessment and determination of claims for compensation. Such non-compliance might result in administrative reviews or judicial review actions by affected parties seeking to challenge the decisions made by the Military Rehabilitation and Compensation Commission based on the new Statement of Principles. The maximum penalties, if any, would be determined by the relevant judicial or administrative body handling the dispute or review.