REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 72 of 2009
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. 25 of 1995, determined under subsection 196B(2) of the VEA concerning scrub typhus.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that scrub typhus and death from scrub typhus 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. 72 of 2009 concerning scrub typhus. 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 scrub typhus or death from scrub typhus, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 27 June 2007 concerning scrub typhus 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 'scrub typhus' in clause 3;
- revising the existing factor (a) and replacing it with 6(a) concerning 'being in an area that is endemic for scrub typhus';
- new factor 6(b) concerning 'percutaneous exposure to blood infected with Orientia tsutsugamushi';
- new definitions of 'an area endemic for scrub typhus', 'death from scrub typhus', 'ICD-10-AM code', 'relevant service' and 'terminal event' in clause 9;
- deleting definition of 'ICD code';
- deleting 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 scrub typhus in the Government Notices Gazette of 27 June 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 scrub typhus as advertised in the Government Notices Gazette of 27 June 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. 72 of 2009, enacted under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the need to update the medical-scientific evidence regarding scrub typhus and its connection to military service. This instrument revokes the previous Instrument No. 25 of 1995 and establishes a new Statement of Principles to reflect the latest sound medical-scientific evidence. The Authority determined this new instrument following an investigation announced in the Government Notices Gazette of 27 June 2007, with the aim of ensuring that claims for compensation related to scrub typhus are assessed accurately. The policy objective is to provide clear criteria for linking scrub typhus to specific kinds of military service, facilitating better compensation for affected veterans.
Scope and Application
The Repatriation Medical Authority Instrument No. 72 of 2009 pertains to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, specifically addressing the condition of scrub typhus and death from scrub typhus in the context of military service. The Authority has determined a new Statement of Principles to replace the revoked Instrument No. 25 of 1995, aiming to establish the connection between scrub typhus or death from scrub typhus and the service rendered by a person. This new instrument applies to individuals who have served in various capacities, including operational, peacekeeping, hazardous, warlike, and non-warlike services, and seeks to outline the medical-scientific evidence supporting the hypothesis that scrub typhus can be related to these specific kinds of service. The instrument applies to claims for compensation concerning injuries, diseases, or deaths that occurred on or after 1 July 2004, and it is applicable across the Commonwealth of Australia. The instrument does not explicitly state any exclusions or exemptions, but the determination of acceptance of liability for claims is subject to the factors and conditions outlined in the Statement of Principles. The Authority has the power to extend or restrict the application of this instrument through subordinate instruments as necessary.
Key Provisions
The primary operative sections of this legislation, F2009L04043, include subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Section 196B(2) of the VEA empowers the Repatriation Medical Authority (the Authority) to determine a Statement of Principles, which in this case is Instrument No. 72 of 2009 concerning scrub typhus. This instrument establishes the criteria for linking scrub typhus or death from scrub typhus to specific kinds of military service. Section 319 of the MRCA mandates that claims for compensation for service injuries, diseases, or deaths sustained on or after 1 July 2004, must be evaluated by the Military Rehabilitation and Compensation Commission, using the Statements of Principles issued by the Authority under the VEA.
The Act imposes several obligations on the parties it governs. The Authority must determine Statements of Principles based on sound medical-scientific evidence, as outlined in section 196B(2) of the VEA. In this instance, the Authority has determined that scrub typhus and death from scrub typhus can be linked to particular types of military service. The Authority must also notify the public of its intention to investigate a condition, as per section 196G of the VEA, and seek submissions from relevant stakeholders. In the case of scrub typhus, although the Authority advertised its intention to investigate and invited submissions, none were received for consideration.
Failure to comply with the provisions of the Act may result in legal consequences. However, the explanatory statement does not detail specific offences, penalties, or consequences for breach. Generally, breaches of legislative requirements might result in civil or criminal penalties, depending on the nature and severity of the breach. For instance, providing false information in a compensation claim could result in criminal charges, while failure to comply with notification requirements might lead to civil penalties. The maximum penalties for such offences would be determined by the relevant Acts and regulations.
Overall, the legislation serves to ensure that the Repatriation Medical Authority determines accurate and evidence-based Statements of Principles for conditions such as scrub typhus, allowing for fair and informed assessment of compensation claims under the VEA and MRCA. By establishing clear criteria for linking the condition to military service, the Act aims to provide appropriate support and compensation to affected veterans and their families.