REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 87 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. 256 of 1995, determined under subsection 196B(3) of the VEA concerning schistosomiasis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that schistosomiasis and death from schistosomiasis 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. 87 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 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, schistosomiasis or death from schistosomiasis 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 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 Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) form the legislative framework for addressing the needs of veterans and their families in Australia. In 2010, the Repatriation Medical Authority (RMA) introduced Instrument No. 87 concerning schistosomiasis under the VEA, replacing an earlier instrument from 1995. This new instrument was enacted to address the medical-scientific evidence linking schistosomiasis to certain types of military service, thereby enabling claims for compensation for veterans who contracted the disease or died from it due to their service. The Authority's decision was based on an investigation, as mandated by the VEA, and no submissions were received during this process. This legislative update aims to ensure that veterans who served in environments where schistosomiasis is prevalent can access the appropriate compensation and medical support.
Scope and Application
The Repatriation Medical Authority Instrument No. 87 of 2010, made under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, sets out a new Statement of Principles concerning schistosomiasis, replacing a previous statement from 1995. This instrument applies to veterans and service personnel who contracted schistosomiasis or died from it as a result of eligible war service, defence service, or peacetime service as defined under the respective acts. The geographic scope of this instrument is national, affecting all veterans and service personnel across Australia. This Instrument has been determined to account for the latest medical-scientific evidence regarding schistosomiasis, clarifying the conditions under which service-related schistosomiasis or death from schistosomiasis can be acknowledged. Notably, the Authority has excluded some previous definitions and incorporated new ones to better reflect current medical understandings. This new Instrument will be used by the Military Rehabilitation and Compensation Commission to assess claims for compensation for injuries or diseases related to service on or after 1 July 2004.
Key Provisions
The main operative sections of the Repatriation Medical Authority Instrument No. 87 of 2010, concerning schistosomiasis, revolve around the revocation of a previous instrument (Instrument No. 256 of 1995) and the establishment of new Statement of Principles for the purposes of the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This new instrument outlines the factors that must be present to establish a connection between schistosomiasis or death from schistosomiasis and specific kinds of service, including eligible war service, defence service, and peacetime service. The instrument provides detailed definitions and conditions to be met for such a connection to be considered probable, replacing the outdated format with a revised structure that aligns with the commencement of the MRCA.
The obligations imposed by this Act on the parties and entities it governs include ensuring that claims for compensation are made in accordance with the Statement of Principles outlined in the new Instrument No. 87 of 2010. The Military Rehabilitation and Compensation Commission must determine claims under section 319 of the MRCA by referencing the Statements of Principles issued by the Repatriation Medical Authority. This requires claimants to provide evidence that aligns with the factors and definitions set out in the new instrument, thereby ensuring that their claims are substantiated by sound medical-scientific evidence. The Repatriation Medical Authority is obligated to review and consider all relevant evidence and submissions when determining the Statement of Principles, ensuring that these are based on the most current and comprehensive medical-scientific evidence available.
Offences, penalties, or consequences for breach under this Act are not explicitly stated within the provided text. However, in general terms, failure to comply with the requirements set out by the Repatriation Medical Authority and the Military Rehabilitation and Compensation Commission could result in the denial of compensation claims. This would mean that claimants would not receive the benefits they are entitled to under the VEA or MRCA if their claims do not meet the stipulated criteria in the new Instrument No. 87 of 2010. Additionally, any misrepresentation or falsification of evidence in support of a claim could potentially lead to further legal consequences, including civil or criminal charges, although specific penalties are not detailed in the provided text. The focus remains on ensuring that all claims are made in good faith and are supported by appropriate evidence as per the Act’s provisions.