REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 73 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. 26 of 1995, determined under subsection 196B(3) of the VEA concerning scrub typhus.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 73 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 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, scrub typhus or death from scrub typhus 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 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. 73 of 2009, enacted under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of establishing the connection between scrub typhus and specific military services. This legislation was introduced to formalise the relationship between scrub typhus and various types of military service, thereby facilitating claims for compensation related to the disease under the relevant Acts. The instrument was determined by the Repatriation Medical Authority, pursuant to its powers under the Veterans’ Entitlements Act, and aims to provide clear guidelines for the acceptance of liability for scrub typhus contracted or resulting in death during service. The Authority conducted an investigation into the medical-scientific evidence surrounding scrub typhus and, based on this evidence, has revised the Statement of Principles concerning the disease, replacing an earlier instrument from 1995.
Scope and Application
The Repatriation Medical Authority Instrument No. 73 of 2009, concerning scrub typhus, applies to individuals who have rendered eligible war service, defence service, or peacetime service under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This new instrument replaces the previously revoked Instrument No. 26 of 1995. It outlines the factors that must exist to establish a connection between scrub typhus or death from scrub typhus and the circumstances of service, considering the sound medical-scientific evidence available. The application of the new instrument is national, as it is determined under the Veterans’ Entitlements Act 1986 and pertains to both the Commonwealth and state levels through the Military Rehabilitation and Compensation Act 2004. Claims for compensation for injuries sustained, diseases contracted, or deaths occurring on or after 1 July 2004 are assessed by the Military Rehabilitation and Compensation Commission in accordance with the Statements of Principles issued by the Authority. No specific exclusions, exemptions, or thresholds are noted in the text, but the application of the Act may be further refined through subordinate instruments.
Key Provisions
The main operative sections of the Repatriation Medical Authority Instrument No. 73 of 2009, as referenced in the explanatory statement, focus on the determination of a Statement of Principles concerning scrub typhus (section 4). This Statement of Principles outlines the specific factors that must be considered when determining the connection between scrub typhus, death from scrub typhus, and particular kinds of service rendered by a person under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Authority revokes the previous Instrument No. 26 of 1995 and replaces it with this new Statement of Principles, which incorporates the latest revised Instrument format and several revised definitions. The new Instrument takes effect from a specified date as detailed in clause 11 of the Instrument.
The obligations imposed by this Act on parties or entities include adherence to the new Statement of Principles when assessing claims related to scrub typhus under the VEA and MRCA. This involves ensuring that all relevant factors, such as the presence in an area endemic for scrub typhus and percutaneous exposure to blood infected with Orientia tsutsugamushi, are considered in determining the connection between service and the condition. The Repatriation Medical Authority is responsible for determining these Statements of Principles based on sound medical-scientific evidence and must follow the prescribed process, including advertising the investigation and inviting submissions from relevant stakeholders.
Any breach of the obligations imposed by the Act could result in civil or criminal consequences. While specific offences and penalties are not detailed in the explanatory statement, breaches of provisions under the VEA and MRCA generally involve legal action that may lead to fines or other penalties as stipulated by the respective Acts. For instance, knowingly providing false or misleading information in a claim could be considered fraudulent, which may lead to penalties under the Commonwealth Criminal Code Act 1995. The maximum penalties for such offences can vary significantly depending on the nature and severity of the breach.