Overview

The Repatriation Medical Authority Instrument No. 61 of 2007, enacted in 2007, addresses the issue of spina bifida and its relation to service as defined in the Veterans' Entitlements Act 1986. The Authority determined that spina bifida does not have factors that can be related to service, revoking the existing Statement of Principles, Instrument No. 61 of 2007. This revocation aligns with the most recent medical-scientific evidence and ensures the benefits are reasonable, proportionate, and transparent. The policy objective is to uphold human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The Authority followed due process by advertising its intention to investigate and inviting submissions from relevant organisations and individuals, though none were received. This instrument promotes human rights by ensuring fair assessment and determination of benefits and compensation for veterans and Defence Force members.

Scope and Application

The Repatriation Medical Authority Instrument No. 61 of 2007 - Revocation, concerning spina bifida, applies to veterans and current or former Defence Force members under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Instrument revokes the existing Statement of Principles, Instrument No. 61 of 2007, which previously addressed spina bifida, and is effective from a specified date as determined by the Authority. This legislative instrument revokes the previous determination that spina bifida could have factors related to service, following an investigation into the medical-scientific evidence. The Authority solicited but did not receive any submissions during the investigation or prior to determining the Instrument. The Instrument aims to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent, promoting the human rights of veterans and their dependants, including the right to social security and the right to an adequate standard of living. The Authority ensures the compatibility of this Instrument with international human rights standards, promoting the enjoyment of the highest attainable standard of physical and mental health and facilitating the determination of claims relating to treatment and rehabilitation.

Key Provisions

The Repatriation Medical Authority Instrument No. 61 of 2007 - Revocation is a legislative instrument that revokes the existing Statement of Principles concerning spina bifida. This revocation is based on the Authority's view that spina bifida does not have any factors that can be "related to service" as defined in the Veterans’ Entitlements Act 1986 (VEA). This instrument reflects the developments in the available sound medical-scientific evidence concerning spina bifida since the earlier instrument was determined. The Authority advertised its intention to undertake an investigation in relation to spina bifida and invited submissions from various organisations and individuals; however, no submissions were received. The Authority also provided an opportunity for representations prior to determining the instrument, but again, no submissions were received. The determination of this instrument finalises the investigation in relation to spina bifida as advertised in the Government Notices Gazette of 31 October 2012. The obligations and requirements imposed by this instrument on the parties or entities it governs include the revocation of the existing Statement of Principles concerning spina bifida. The Authority is required to advertise its intention to undertake an investigation in relation to a specific condition and invite submissions from relevant organisations and individuals. The Authority must also consider the submissions received and determine the instrument accordingly. In this case, the Authority determined that spina bifida does not have factors that can be "related to service" and revoked the existing Statement of Principles. The Authority is also required to provide a list of references relating to the condition to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA upon request. There are no specific offences, penalties, or civil/criminal consequences mentioned in the instrument for breach. However, it is worth noting that the instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument promotes the human rights of veterans, current and former Defence Force members, and other persons such as their dependents, including the right to social security, the right to an adequate standard of living, the right to the enjoyment of the highest attainable standard of physical and mental health, and the rights of persons with disabilities. The instrument does not derogate from any human rights and is compatible with human rights as it promotes a number of human rights. In summary, the Repatriation Medical Authority Instrument No. 61 of 2007 - Revocation revokes the existing Statement of Principles concerning spina bifida based on the Authority's view that spina bifida does not have any factors that can be "related to service." The instrument imposes obligations and requirements on the parties or entities it governs, including the revocation of the existing Statement of Principles, advertising the intention to undertake an investigation, inviting submissions from relevant organisations and individuals, considering the submissions received, and determining the instrument accordingly. There are no specific offences, penalties, or civil/criminal consequences mentioned in the instrument for breach, but it is compatible with human rights and promotes a number of human rights.