REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 22 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. 34 of 1997 determined under subsection 196B(3) of the VEA concerning spasmodic torticollis and death from spasmodic torticollis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 22 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 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, spasmodic torticollis or death from spasmodic torticollis 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 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. 22 of 2008 amends the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 to address the issue of spasmodic torticollis and death from spasmodic torticollis in relation to service rendered by individuals. Enacted by the Repatriation Medical Authority under subsection 196B(8) of the Veterans' Entitlements Act 1986, this instrument revokes the previous Instrument No. 34 of 1997 and replaces it with a new Statement of Principles concerning spasmodic torticollis. This change was made in light of new medical-scientific evidence, which indicates that spasmodic torticollis and death from spasmodic torticollis are more likely to be related to specific kinds of service. The policy objective is to provide a comprehensive and updated framework for assessing claims related to this condition, ensuring that affected individuals receive appropriate compensation and support.
Scope and Application
The Repatriation Medical Authority, under the authority conferred by the Veterans’ Entitlements Act 1986, has revoked Instrument No. 34 of 1997 and introduced Instrument No. 22 of 2008 concerning spasmodic torticollis. This legislative instrument applies to veterans, service personnel, and their dependants who have sustained or are believed to have sustained spasmodic torticollis or who have died from the condition as a result of their service. The scope of the legislation encompasses eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service, as defined by the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The new instrument was developed in response to an investigation initiated by the Authority and takes into account the latest medical-scientific evidence. It replaces the previous instrument by adopting a revised format and updating definitions, while maintaining similar terms. The instrument is applicable across the Commonwealth of Australia and is subject to any relevant exclusions, exemptions, or thresholds as stipulated within the legislative framework. Subordinate instruments may extend or restrict the application of this Act, ensuring its provisions are effectively administered and adapted to new evidence or changes in service conditions.
Key Provisions
The main operative sections of this instrument are concerned with the revocation of Instrument No. 34 of 1997 and the determination of a new Statement of Principles, Instrument No. 22 of 2008, concerning spasmodic torticollis (section 2). This new instrument sets out the factors that must exist, and which of those factors must be related to certain kinds of service, before it can be said that, on the balance of probabilities, spasmodic torticollis or death from spasmodic torticollis is connected with the circumstances of that service (section 4). The new instrument replaces the revoked Instrument and is determined for the purposes of both the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) (section 7).
Under the VEA and MRCA, the Repatriation Medical Authority (the Authority) is required to determine Statements of Principles concerning particular medical conditions. These Statements of Principles outline the circumstances under which a person’s service is connected to a medical condition for the purposes of receiving benefits or compensation. The Authority must consider all available sound medical-scientific evidence when determining whether a medical condition is connected to a person’s service (section 196B(3) of the VEA). In the case of spasmodic torticollis, the Authority determined that the available evidence suggests a connection between the condition and particular kinds of service. This determination led to the creation of the new Instrument No. 22 of 2008 (section 2).
The Authority is required to advertise its intention to investigate a particular medical condition in the Government Notices Gazette and invite submissions from relevant parties (section 196G of the VEA). In the case of spasmodic torticollis, the Authority advertised its intention to investigate in the Government Notices Gazette of 28 June 2006 and invited submissions from interested parties. However, no submissions were received for consideration during the investigation (section 8). The determination of the new Instrument No. 22 of 2008 finalises this investigation (section 10).
There are no explicit offences or penalties outlined in the explanatory notes for this instrument. However, any breaches of the requirements under the VEA or MRCA related to the determination of Statements of Principles or the processing of compensation claims could potentially result in civil or criminal consequences, depending on the nature and severity of the breach. The maximum penalties for offences under the VEA or MRCA may vary depending on the specific offence committed. The explanatory notes do not provide information on specific penalties for breaches of the requirements outlined in the instrument.