REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 31 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. 141 of 1995 determined under subsection 196B(2) of the VEA concerning smallpox and death from smallpox.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that smallpox and death from smallpox 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. 31 of 2008 concerning smallpox. 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 smallpox or death from smallpox, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 8 November 2006 concerning smallpox 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;
- deleting the ICD code from the Instrument header;
- revising the definition of 'smallpox' in clause 3;
- revising factor 6(a) concerning 'variola virus';
- new factor 6(b) concerning 'immunocompromised state';
- new definitions of 'an immunocompromised state', 'being exposed to the variola virus', 'death from smallpox', 'ICD-10-AM code', 'relevant service' and 'terminal event'; in clause 9;
- deleting definitions of 'area endemic with Poxvirus variolae' and 'ICD code'; 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 smallpox in the Government Notices Gazette of 8 November 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 smallpox as advertised in the Government Notices Gazette of 8 November 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. 31 of 2008 amends the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by revoking the previous smallpox-related provisions and introducing new criteria for determining claims related to smallpox contracted during service. This legislative instrument addresses the gap left by the outdated smallpox-related provisions by updating them to reflect current medical-scientific evidence. Enacted by the Repatriation Medical Authority under the authority conferred by the Veterans' Entitlements Act 1986, the policy objective is to ensure that the Statement of Principles accurately reflects the latest medical understanding of smallpox and its connection to service, thereby facilitating appropriate compensation claims for veterans and service personnel.
Scope and Application
The Repatriation Medical Authority Instrument No. 31 of 2008 applies to veterans and their dependants who have contracted smallpox or died from smallpox as a result of their service, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Authority, under subsection 196B(8) of the VEA, has revoked Instrument No. 141 of 1995 concerning smallpox and replaced it with this new instrument. This change formalises the Authority's determination of a Statement of Principles for smallpox, reflecting updated medical-scientific evidence. The Statement of Principles outlines the conditions and factors necessary to establish a connection between smallpox or death from smallpox and specific types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The new instrument, determined for both the VEA and the MRCA, replaces the previous one and applies to claims for compensation that commenced on 1 July 2004. The Authority has adopted the latest revised Instrument format, revised definitions, and clarified the instrument’s application to both Acts, ensuring that it meets the current legislative framework.
Key Provisions
The Repatriation Medical Authority (RMA) has revoked Instrument No. 141 of 1995 under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA) concerning smallpox and death from smallpox. This revocation was necessary to establish a new set of principles due to new medical-scientific evidence regarding the relation between smallpox, death from smallpox, and particular types of military service. In its place, the RMA has issued Instrument No. 31 of 2008. This new instrument, which replaces the revoked one, outlines the factors that must exist to establish a reasonable hypothesis linking smallpox or death from smallpox to specific kinds of military service, such as operational, peacekeeping, hazardous, warlike, and non-warlike service under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).
The Statement of Principles, as outlined in Instrument No. 31 of 2008, sets out the minimum factors required to connect smallpox or death from smallpox to particular military service. The RMA determined these principles after reviewing the latest medical-scientific evidence available, including evidence previously considered. The new instrument adopts a revised format, revises definitions, and introduces new factors, such as the immunocompromised state, to more accurately reflect the current understanding of smallpox and its connection to military service. Additionally, the instrument specifies a date of effect, ensuring clarity on when the new principles apply.
Under the VEA and the MRCA, the RMA has certain obligations. It must ensure that any claims for compensation related to service injuries, diseases, or deaths are assessed against the criteria set out in the Statements of Principles. For claims made under section 319 of the MRCA for injuries, diseases, or deaths occurring on or after 1 July 2004, the Military Rehabilitation and Compensation Commission must determine the acceptance of liability by referencing the Statements of Principles issued by the RMA. The RMA must also ensure that any investigation into conditions such as smallpox is advertised in the Government Notices Gazette and that submissions from relevant organisations and individuals are considered, although no submissions were received for this particular investigation.
There are no specific offences or penalties mentioned in the legislation for breaching the provisions of the new Statement of Principles. However, non-compliance with the requirements of the VEA or the MRCA in the context of compensation claims could potentially lead to civil or administrative consequences. For example, providing false or misleading information in a claim could be considered fraudulent conduct, which might result in the denial of benefits or other penalties as outlined in the respective acts. The exact penalties for such actions would be determined under the general provisions of the VEA and the MRCA, which could include fines or other legal actions.