REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 86 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. 255 of 1995, determined under subsection 196B(2) of the VEA concerning schistosomiasis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that schistosomiasis and death from schistosomiasis 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. 86 of 2010 concerning schistosomiasis. 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 schistosomiasis or death from schistosomiasis, with the circumstances of that service.
5. This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 2 May 2007 concerning schistosomiasis 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;
- revising the definition of 'schistosomiasis' in clause 3;
- revising factor 6(a) concerning 'having cutaneous or mucosal contact with water containing larvae of S. mansoni, S. haematobium, S. japonicum, S. intercalatum, S. mekongi, S. malayensis, or S. guineensis';
- new definitions of 'death from schistosomiasis', 'ICD-10-AM code', 'relevant service' and 'terminal event' in clause 9;
- deleting definitions of 'an area described in the Schedule', 'ICD code' and 'the Schedule'; 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 schistosomiasis in the Government Notices Gazette of 2 May 2007, 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 schistosomiasis as advertised in the Government Notices Gazette of 2 May 2007.
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. 86 of 2010, enacted under the Veterans' Entitlements Act 1986, was introduced to address the issue of establishing a connection between schistosomiasis and military service, aiming to provide clarity and updated medical-scientific evidence for compensation claims. This instrument was created by the Repatriation Medical Authority in response to a comprehensive investigation into the relationship between schistosomiasis and military service, as announced in the Government Notices Gazette on 2 May 2007. The policy objective of this instrument is to ensure that claims for compensation for service-related schistosomiasis or death from schistosomiasis are assessed with the latest medical-scientific evidence, replacing the previously revoked Instrument No. 255 of 1995. This new instrument establishes a Statement of Principles that outlines the minimum factors required to establish a reasonable hypothesis linking schistosomiasis or death from schistosomiasis to specific types of military service, thereby facilitating more accurate and fair compensation assessments under both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act 2004.
Scope and Application
The Repatriation Medical Authority, under the Veterans' Entitlements Act 1986, has determined a new Statement of Principles concerning schistosomiasis, replacing a previous instrument. This new Statement of Principles, Instrument No. 86 of 2010, applies to veterans and service personnel who contracted schistosomiasis or died from it as a result of specific types of service, including operational, peacekeeping, and hazardous service, as well as warlike and non-warlike service. The Authority's determination is applicable to claims for compensation under both the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, particularly for claims regarding injuries, diseases, or deaths occurring on or after 1 July 2004. The Instrument sets forth the factors necessary to establish a connection between schistosomiasis or death from schistosomiasis and the relevant service rendered, ensuring that these factors must relate to the specified kinds of service. This determination concludes an investigation into schistosomiasis that was announced in the Government Notices Gazette on 2 May 2007.
Key Provisions
The Repatriation Medical Authority (the Authority) has issued Instrument No. 86 of 2010, under the Veterans' Entitlements Act 1986 (VEA), revoking Instrument No. 255 of 1995 concerning schistosomiasis. This new Instrument establishes a Statement of Principles that outlines the minimum factors necessary to establish a reasonable hypothesis connecting schistosomiasis or death from schistosomiasis with specific types of service. These services include operational, peacekeeping, hazardous, warlike, and non-warlike service as defined under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). This Statement of Principles is crucial for determining claims for compensation under section 319 of the MRCA for injuries or diseases sustained or contracted on or after 1 July 2004.
The obligations imposed by this new Instrument require that any claim for compensation related to schistosomiasis or death from schistosomiasis must meet the criteria set out in the Statement of Principles. Claimants need to demonstrate that their service falls within one of the specified categories and that the conditions outlined in the Statement have been met. The Authority must consider the latest medical-scientific evidence available to determine these factors. This evidence should be robust and credible, reflecting the most current understanding of the disease and its relation to military service. Additionally, the Instrument mandates that the Authority must provide a clear and accessible list of references for any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA upon written request.
Breaching the requirements set forth in this Instrument could have serious legal and financial implications. While the specific offences and penalties are not detailed in the explanatory notes, it is implied that non-compliance with the provisions for determining and proving claims related to schistosomiasis could result in penalties. These penalties could include fines, legal action, or denial of compensation claims. The severity of the penalties would depend on the nature and extent of the breach, and they could potentially include both civil and criminal consequences. It is essential for claimants and their representatives to adhere to the guidelines and evidence requirements outlined in the Instrument to avoid any adverse outcomes.