REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 116 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. 289 of 1995 determined under subsection 196B(3) of the VEA concerning sarcoidosis and death from sarcoidosis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that sarcoidosis and death from sarcoidosis 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. 116 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 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, sarcoidosis or death from sarcoidosis 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 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 factor 6(a) concerning 'organ or tissue transplant';
- new definitions of '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. 116 of 2007 amends the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by addressing the issue of sarcoidosis and its connection to military service. Enacted by the Repatriation Medical Authority under subsection 196B(8) of the Veterans' Entitlements Act 1986, the instrument revokes the previous Instrument No. 289 of 1995 concerning sarcoidosis and death from sarcoidosis. The policy objective is to establish a Statement of Principles that sets out the factors that must exist and be related to specific types of military service, such as eligible war service, defence service, and peacetime service, to determine the connection between sarcoidosis or death from sarcoidosis and the circumstances of that service. The changes include adopting a revised Instrument format, revising definitions, and specifying a date of effect for the instrument, all aimed at finalising the investigation into sarcoidosis as notified in the Government Notices Gazette of 28 June 2006.
Scope and Application
The Repatriation Medical Authority Instrument No. 116 of 2007 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) concerns sarcoidosis and death from sarcoidosis, replacing the previously revoked Instrument No. 289 of 1995. This instrument applies to individuals who have rendered eligible war service, defence service, or peacetime service, as defined under the VEA and MRCA, respectively. The Authority determined the new Statement of Principles after reviewing the latest medical-scientific evidence, establishing a connection between sarcoidosis or death from sarcoidosis and the circumstances of specific kinds of service. The instrument's provisions are applicable nationwide in Australia, affecting all veterans and service personnel who may have contracted sarcoidosis or experienced death from sarcoidosis as a result of their service. The instrument does not explicitly mention any exclusions, exemptions, or thresholds; however, its application is contingent on the factors outlined in the new Statement of Principles. The instrument's application may be further extended or restricted through subordinate instruments, which would be consistent with the provisions of the VEA and MRCA.
Key Provisions
The Repatriation Medical Authority (the Authority) has issued Instrument No. 116 of 2007, which revokes the previous Instrument No. 289 of 1995 concerning sarcoidosis and death from sarcoidosis, as determined under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA). This new instrument is based on the latest sound medical-scientific evidence, which suggests that it is more probable than not that sarcoidosis and death from sarcoidosis can be related to particular kinds of service. The new Statement of Principles, set out in Instrument No. 116, outlines the factors that must exist and be related to the service rendered before it can be said that sarcoidosis or death from sarcoidosis is connected to that service. These factors include eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service under the Military Rehabilitation and Compensation Act 2004 (MRCA).
The Authority has determined this new Statement of Principles to replace the revoked one, following an investigation notified in the Government Notices Gazette of 28 June 2006. This investigation involved a comprehensive examination of the available medical-scientific evidence. Several changes have been made to the format and content of the new instrument, including the adoption of the latest revised Instrument format, deletion of the ICD code from the Instrument header, revision of the definition of'sarcoidosis', and inclusion of new definitions such as 'organ or tissue transplant', 'ICD-10-AM code', 'relevant service', and 'terminal event'. The new instrument also specifies a date of effect and clarifies that it applies for the purposes of both the VEA and the MRCA.
The obligations and requirements imposed by this new instrument primarily concern the determination of claims for compensation related to sarcoidosis. For such claims to be accepted, they must be assessed by the Military Rehabilitation and Compensation Commission in accordance with the Statement of Principles issued by the Authority. Claimants must demonstrate that the factors outlined in the Statement of Principles exist and are related to the relevant service rendered. This process ensures that the claims are evaluated based on the sound medical-scientific evidence available.
Breach of the provisions set out in this instrument may lead to legal consequences. However, the explanatory notes do not specify any particular offences, penalties, or civil/criminal consequences for non-compliance. The primary focus of the instrument is on the determination of claims in accordance with the evidence-based criteria outlined, ensuring that compensation is awarded fairly and based on the best available medical-scientific evidence. The emphasis is on providing clarity and consistency in the assessment of sarcoidosis-related claims, rather than on punitive measures for non-compliance.