REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 43 of 2008
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. 109 of 1995, as amended by Instrument No. 193 of 1995, determined under subsection 196B(2) of the VEA concerning sickle-cell disease and death from sickle-cell disease.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that sickle-cell disorder and death from sickle-cell disorder 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. 43 of 2008 concerning sickle-cell disorder. This Instrument will in effect replace the revoked Statements 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 sickle-cell disorder or death from sickle-cell disorder, 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 sickle-cell disease 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;
- changing the name of the Instrument from 'sickle-cell disease' to 'sickle-cell disorder';
- deleting the ICD code from the Instrument header;
- new definition of 'sickle-cell disorder' in clause 3;
- new factor 6(a) concerning 'experiencing a specified stimulus, for a first sickle-cell crisis only';
- new factor 6(b) concerning 'experiencing a specified stimulus';
- new definitions of 'a specified stimulus', 'clinical worsening of sickle-cell disorder', 'death from sickle-cell disorder', 'ICD-10-AM code', 'relevant service', 'sickle-cell crisis' and 'terminal event' in clause 9;
- deleting definitions of 'ICD code' and 'sickle-cell disease'; 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 sickle-cell disease 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 sickle-cell disease 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. 43 of 2008, enacted under the Veterans' Entitlements Act 1986, was introduced to address the problem of establishing a connection between sickle-cell disorder, or death from sickle-cell disorder, and service rendered by a person, particularly in the context of specific types of military service. The Authority, established under the Veterans' Entitlements Act, has determined a new Statement of Principles to replace the previously revoked statements regarding sickle-cell disease, reflecting the latest medical-scientific evidence. This new instrument serves to clarify the criteria and factors necessary to establish a reasonable hypothesis connecting sickle-cell disorder or death from sickle-cell disorder with particular kinds of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The instrument aims to facilitate compensation claims under both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act 2004.
Scope and Application
The Repatriation Medical Authority Instrument No. 43 of 2008, concerning sickle-cell disorder, applies to service personnel who have rendered various kinds of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument is designed to replace the previously revoked Instrument No. 109 of 1995 concerning sickle-cell disease and aims to establish a new set of principles determining the connection between sickle-cell disorder or death from sickle-cell disorder and the circumstances of the service rendered. The instrument is applicable nationally and is relevant to all veterans and service personnel who may have been affected by sickle-cell disorder due to their service. There are no specific exclusions, exemptions, or thresholds mentioned in the text. The instrument may be subject to changes or extensions through subordinate instruments, which would be determined by the Authority in accordance with the VEA and the MRCA.
Key Provisions
The Repatriation Medical Authority (RMA) under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA) has revoked Instrument No. 109 of 1995, which was determined under subsection 196B(2) of the VEA concerning sickle-cell disease and death from sickle-cell disease. This revocation is detailed in Instrument No. 43 of 2008, which replaces the previously revoked statements of principles. This new instrument establishes a Statement of Principles concerning sickle-cell disorder, reflecting updated medical-scientific evidence that links this disorder with certain types of military service.
The new Instrument No. 43 of 2008 requires that certain factors must exist and be related to specific service types, such as operational, peacekeeping, hazardous, warlike, and non-warlike service, before a connection can be made between sickle-cell disorder or death from sickle-cell disorder and the circumstances of the service rendered. This Statement of Principles is crucial for determining claims for compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA) for injuries, diseases, or deaths occurring on or after 1 July 2004. The new instrument adopts a revised format, changes terminology from 'sickle-cell disease' to'sickle-cell disorder', and includes new definitions and factors that were not present in the previous instruments.
The obligations imposed by the new instrument on the parties involved, particularly veterans and their representatives, include providing evidence that meets the criteria set out in the Statement of Principles. This involves demonstrating a connection between the service rendered and the occurrence of sickle-cell disorder or death from sickle-cell disorder. Veterans and their representatives must furnish comprehensive medical and service records to substantiate their claims. Additionally, the RMA is obligated to evaluate these claims based on the criteria outlined in the new instrument, ensuring that all submissions are assessed fairly and in accordance with the established principles.
There are no specific offences or penalties mentioned in the new Instrument No. 43 of 2008 itself. However, any breaches of the provisions of the VEA or MRCA in the context of filing claims or providing false information could potentially lead to civil or criminal penalties. For instance, making false statements for the purpose of obtaining benefits under the VEA or MRCA can result in penalties under general law provisions for fraud or deceit. In civil proceedings, penalties could include fines or orders to repay any benefits improperly received. In criminal proceedings, penalties could include imprisonment, depending on the severity of the offence. The exact penalties would be determined by the relevant courts based on the specific circumstances of each case.