REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 32 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. 142 of 1995 determined under subsection 196B(3) of the VEA concerning smallpox and death from smallpox.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that smallpox and death from smallpox 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. 32 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 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, smallpox or death from smallpox 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 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. 32 of 2008, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, aims to address the problem of determining the connection between smallpox and death from smallpox with particular kinds of service, especially in light of new medical-scientific evidence. The Authority revoked the previous Instrument No. 142 of 1995 and determined a new Statement of Principles concerning smallpox based on the sound medical-scientific evidence available. This new instrument, which sets out the factors that must exist to connect smallpox or death from smallpox with eligible war service, defence service, and peacetime service, replaces the revoked instrument and incorporates recent revisions in Instrument format, terminology, and definitions. The Authority sought no submissions during the investigation, which was notified in the Government Notices Gazette of 8 November 2006, and finalised with the determination of this new instrument.
Scope and Application
The Repatriation Medical Authority, under the authority granted by the Veterans’ Entitlements Act 1986, has revoked Instrument No. 142 of 1995 concerning smallpox and death from smallpox, replacing it with Instrument No. 32 of 2008. This new instrument aims to address the connection between particular kinds of service and smallpox or death from smallpox by setting out the necessary factors that must be related to eligible war service, defence service, or peacetime service for a claim to be considered. This new Statement of Principles applies to veterans and service personnel under both the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act 2004, with claims for compensation for injuries or diseases sustained on or after 1 July 2004 being determined by the Military Rehabilitation and Compensation Commission. The instrument's scope includes eligible war service, defence service, and peacetime service, and it reflects the latest medical-scientific evidence available to the Authority.
Key Provisions
The Repatriation Medical Authority (the Authority), as mentioned in subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA), has revoked Instrument No. 142 of 1995 concerning smallpox and death from smallpox. In its place, the Authority has issued Instrument No. 32 of 2008, establishing a new Statement of Principles (s.2). This new instrument replaces the old one based on current medical-scientific evidence, indicating that it is more probable than not that smallpox and death from smallpox can be related to particular kinds of service (s.2). The Authority's decision to establish this new instrument was made under subsection 196B(3) of the VEA and follows an investigation notified in the Government Notices Gazette of 8 November 2006 (s.5). The new instrument revises definitions and introduces new factors to align with the latest revised Instrument format, which commenced in 2005 (s.6). The changes include the adoption of the new format, the deletion of the ICD code from the Instrument header, and revisions to definitions and factors such as 'smallpox', 'variola virus', and 'immunocompromised state' (s.6). Additionally, the new instrument specifies definitions for terms such as 'ICD-10-AM code','relevant service', and 'terminal event', and it clarifies that the Statement of Principles applies to both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA) (s.7).
The Statement of Principles, as outlined in section 4, sets out the factors that must exist and must be related to the kinds of service rendered by a person for it to be said that, on the balance of probabilities, smallpox or death from smallpox is connected with the circumstances of that service. These factors must be related to eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service, as specified under the VEA and MRCA (s.4). The Authority undertook an investigation and solicited submissions from relevant organisations and individuals, although no submissions were received for consideration during the investigation (s.8, s.9). The new instrument finalises the investigation into smallpox, as advertised in the Government Notices Gazette of 8 November 2006 (s.9).
The obligations imposed by the new Statement of Principles include the requirement for the Authority to determine and publish Statements of Principles that outline the factors necessary to link smallpox or death from smallpox to particular kinds of service. This process involves reviewing sound medical-scientific evidence and consulting with relevant organisations and individuals, although in this instance, no submissions were received (s.5, s.8). The Authority is also required to ensure that the new instrument adheres to the latest revised format and includes all necessary definitions and factors (s.6). Additionally, the Authority must ensure that the new instrument is applicable to both the VEA and MRCA, clarifying its purpose and scope (s.7). The Authority must make the new Statement of Principles available to the public and ensure that it is accessible upon request from the Repatriation Medical Authority Secretariat (s.10).
The consequences for breaches of the provisions outlined in the new Statement of Principles are not explicitly detailed in the explanatory notes. However, breaches of related legislation, such as the VEA and MRCA, could result in civil or criminal penalties, depending on the nature and severity of the breach. Under the VEA, penalties for fraudulent claims or misrepresentation can include fines and imprisonment (s.245). Under the MRCA, penalties for false or misleading statements can include fines and imprisonment (s.11). Additionally, the Authority may take administrative actions such as denying or revoking entitlements, and in severe cases, legal proceedings could be initiated (s.245, s.11).