REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 21 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. 33 of 1997 determined under subsection 196B(2) of the VEA concerning spasmodic torticollis and death from spasmodic torticollis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that spasmodic torticollis and death from spasmodic torticollis 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. 21 of 2008 concerning spasmodic torticollis. 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 spasmodic torticollis or death from spasmodic torticollis, 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 spasmodic torticollis 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 'spasmodic torticollis' in clause 3;
- new definitions of 'death from spasmodic torticollis', 'ICD-10-AM code', and 'terminal event' in clause 6;
- revising definition of 'relevant service' in clause 6;
- deleting definition of 'ICD code'; and
- specifying a date of effect for the Instrument in clause 8.
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 spasmodic torticollis 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 spasmodic torticollis 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. 21 of 2008 was enacted to address the need for updated medical-scientific evidence concerning spasmodic torticollis and death from spasmodic torticollis, replacing the previous Instrument No. 33 of 1997. This legislative instrument was developed under the authority conferred by subsection 196B(2) of the Veterans' Entitlements Act 1986, with the aim of ensuring that claims for compensation related to these conditions are assessed based on the most current and reliable medical evidence. The new instrument not only revises the definitions and terminology but also aligns with the format introduced in 2005 and specifies the application of the Statement of Principles for both the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This change aims to streamline the process for veterans and service personnel seeking compensation for conditions related to their service.
Scope and Application
The Repatriation Medical Authority Instrument No. 21 of 2008 under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 addresses spasmodic torticollis, replacing the previously revoked Instrument No. 33 of 1997. This instrument applies to veterans and service personnel who have served in operational, peacekeeping, hazardous, warlike, or non-warlike service, establishing the connection between these types of service and spasmodic torticollis or death from spasmodic torticollis. The instrument, which came into effect on the date specified, applies nationally across Australia. The Authority determined this new instrument following an investigation, which included examining the latest medical-scientific evidence, and after inviting submissions from relevant stakeholders, although none were received. This instrument is intended to assist in determining claims for compensation related to spasmodic torticollis under both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act for service injuries, diseases, or deaths occurring on or after 1 July 2004.
Key Provisions
The key operative sections of the Repatriation Medical Authority Instrument No. 21 of 2008 establish a Statement of Principles concerning spasmodic torticollis, replacing the previously revoked Instrument No. 33 of 1997. This new instrument, detailed in section 4, outlines the minimum factors that must exist and be related to specific types of service, such as operational, peacekeeping, hazardous, warlike, or non-warlike service, before a connection between spasmodic torticollis or death from spasmodic torticollis and the circumstances of the service can be considered reasonable. The new instrument also incorporates the latest format, revised definitions, and specifies the effective date, as outlined in sections 6 and 8.
The obligations imposed by this Act on the parties governed by it primarily revolve around ensuring that the new Statement of Principles is adhered to in assessing claims related to spasmodic torticollis. The Repatriation Medical Authority must apply the criteria set out in the Statement of Principles when determining claims for compensation under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Claimants must demonstrate that their condition meets the specified factors and is related to their service as outlined in the new instrument.
Regarding the consequences of breaches, the explanatory notes do not explicitly state specific offences, penalties, or consequences for non-compliance with the provisions of this instrument. However, it is implied that adherence to the Statement of Principles is critical for the validity of claims. Non-compliance or failure to meet the criteria specified in the instrument could result in the denial of compensation claims. While the document does not detail specific penalties, it underscores the importance of the medical-scientific evidence and the formal process followed in determining the new instrument, suggesting that any procedural breaches could undermine the legitimacy of the claims process.
In summary, the Repatriation Medical Authority Instrument No. 21 of 2008 sets out a comprehensive framework for assessing claims related to spasmodic torticollis, ensuring that claimants meet specific criteria related to their service. While the document does not specify detailed penalties for non-compliance, the adherence to the established criteria is crucial for the validity and success of compensation claims.