REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 62 of 2007
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. 60 of 1995 determined under subsection 196B(3) of the VEA concerning spina bifida and death from spina bifida.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that spina bifida and death from spina bifida 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. 62 of 2007 concerning spina bifida. 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, spina bifida or death from spina bifida 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 15 June 2005 concerning spina bifida in accordance with section 196G of the Act. 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 'spina bifida' in clause 3;
- deleting the factor concerning 'physical trauma';
- new definitions of 'death from spina bifida'; 'ICD-10-AM code'; 'relevant service' and 'terminal event' in clause 6;
- deleting definitions of 'ICD code' and 'physical trauma' in clause 6; 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 spina bifida in the Government Notices Gazette of 15 June 2005, 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. On 20 December 2006, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed Instrument and the medical-scientific material considered by the Authority. This letter emphasised the deletion of factors relating to physical trauma. The Authority provided an opportunity to the organisations to make representations in relation to the proposed instrument prior to its determination. No submissions were received for consideration by the Authority.
10. The determining of this new instrument finalises the investigation in relation to spina bifida as advertised in the Government Notices Gazette of 15 June 2005.
11. A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.
Overview
The Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) established frameworks for providing benefits and compensation to veterans and service personnel. To address the medical-scientific evidence linking spina bifida and death from spina bifida to certain types of service, the Repatriation Medical Authority (the Authority) revoked Instrument No. 60 of 1995 and issued Instrument No. 62 of 2007. This new instrument, determined under subsection 196B(3) of the VEA, replaces the previous one by setting out the factors necessary for a connection between spina bifida or death from spina bifida and the service rendered. The Authority's investigation, notified in the Government Notices Gazette of 15 June 2005, considered the latest medical-scientific evidence, leading to the deletion of certain factors such as physical trauma. The Authority invited submissions from various organisations and experts but received none. The new instrument, which also takes into account the commencement of the MRCA, aims to provide a clear and updated framework for determining claims related to spina bifida under both the VEA and the MRCA.
Scope and Application
The Repatriation Medical Authority Instrument No. 62 of 2007, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, outlines the conditions under which spina bifida and death from spina bifida can be related to particular kinds of service. This instrument applies to veterans, service personnel, and their dependants who have served in eligible war service, defence service, or peacetime service, as defined by the respective acts. The new instrument replaces the previously revoked Instrument No. 60 of 1995 and is effective in determining claims for compensation related to spina bifida for service rendered on or after 1 July 2004. The Authority has based its determination on the latest sound medical-scientific evidence available, taking into account the factors that must exist for a connection to be established between spina bifida or death from spina bifida and the service rendered. The instrument specifies the conditions and circumstances under which these connections can be made, and it clarifies the definitions and format to align with the commencement of the Military Rehabilitation and Compensation Act 2004.
Key Provisions
The Repatriation Medical Authority (the Authority) has determined a new Statement of Principles, Instrument No. 62 of 2007, concerning spina bifida, revoking the previous Instrument No. 60 of 1995. This new instrument replaces the previous one and sets out the medical-scientific evidence that supports the connection between spina bifida and certain kinds of military service (sections 2 and 3). Specifically, the new Instrument No. 62 outlines the factors that must exist, and which factors must be related to eligible war service, defence service, or peacetime service, before it can be said that spina bifida or death from spina bifida is connected with the circumstances of that service (section 4).
Under this legislation, the Authority is required to determine Statements of Principles based on the latest medical-scientific evidence, which must then be applied by the Military Rehabilitation and Compensation Commission when assessing claims for compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA). Claims for compensation for injuries, diseases, or deaths on or after 1 July 2004 are determined by the Commission in reference to these Statements of Principles (section 3). The new Instrument No. 62 reflects the latest format adopted by the Authority, with revisions including the removal of the International Classification of Diseases (ICD) code from the Instrument header, a revised definition of 'spina bifida', and the deletion of factors concerning 'physical trauma' (sections 5 and 6).
The Authority is required to advertise its intention to undertake an investigation into a particular condition in the Government Notices Gazette, and to invite submissions from relevant organisations and individuals. In the case of spina bifida, the Authority advertised its intention to investigate in the Government Notices Gazette of 15 June 2005 and circulated a copy of the notice to a wide range of organisations representing veterans, service personnel, and their dependants. The Authority also invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the Veterans' Entitlements Act 1986 (VEA), and any person having expertise in the field. However, no submissions were received for consideration by the Authority during the investigation (sections 8 and 9).
There are no specific offences, penalties, or consequences for breach outlined in this legislation. However, failure to comply with the requirements of the VEA and MRCA, such as submitting false or misleading information in a claim for compensation, could result in criminal charges and penalties under the Criminal Code Act 1995. Additionally, the Authority may take disciplinary action against healthcare providers who fail to comply with the requirements of the VEA and MRCA, such as revoking their authorisation to provide healthcare services to veterans and their dependants.