REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 88 of 2010
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. 282 of 1995, determined under subsection 196B(2) of the VEA concerning strongyloidiasis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that strongyloidiasis and death from strongyloidiasis 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. 88 of 2010 concerning strongyloidiasis. 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 strongyloidiasis or death from strongyloidiasis, with the circumstances of that service.
5. This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 2 May 2007 concerning strongyloidiasis 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 'strongyloidiasis' in clause 3;
- new factor 6(b) concerning 'cutaneous or mucosal contact with Strongyloides stercoralis', which subsumes the factor concerning 'living in unhygienic conditions';
- new factor 6(c) concerning 'having an organ transplant';
- revising factor 6(d) concerning 'being in an immunocompromised state';
- new definitions of 'an immunocompromised state', 'death from strongyloidiasis', 'ICD-10-AM code', 'relevant service' and 'terminal event' in clause 9;
- deleting definitions of 'ICD code', 'immuno-compromised state' and 'living in unhygienic conditions'; 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 strongyloidiasis in the Government Notices Gazette of 2 May 2007, 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 strongyloidiasis as advertised in the Government Notices Gazette of 2 May 2007.
10. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a range of benefits to veterans and their families. The Act was introduced to address the need for a comprehensive framework that recognises and compensates for injuries and diseases sustained during military service. The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the VEA, has the power to revoke and issue new Instruments concerning specific medical conditions related to service. In this instance, Instrument No. 88 of 2010 has been introduced to replace the previously revoked Instrument No. 282 of 1995 concerning strongyloidiasis. This new Instrument aims to establish a Statement of Principles that outlines the minimum factors that must be present and related to certain types of service for a reasonable hypothesis to be raised connecting strongyloidiasis or death from strongyloidiasis with the circumstances of that service. The Authority's determination of this new Instrument finalises an investigation into the condition, as advertised in the Government Notices Gazette of 2 May 2007, and reflects the latest medical-scientific evidence.
Scope and Application
The Repatriation Medical Authority has issued Instrument No. 88 of 2010 concerning strongyloidiasis, which revokes Instrument No. 282 of 1995, under the authority conferred by subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA). This new Instrument is applicable to individuals who have contracted strongyloidiasis or died from the condition as a result of their service, specifically operational, peacekeeping, or hazardous service under the VEA, or warlike and non-warlike service under the Military Rehabilitation and Compensation Act 2004 (MRCA). The new Instrument provides a comprehensive Statement of Principles that must be met for a claim to be considered valid, detailing the necessary conditions that must be related to the relevant service. The Instrument's application extends across Australia, with its provisions enforced by the Military Rehabilitation and Compensation Commission for claims made on or after 1 July 2004. The Authority's determination follows an investigation into strongyloidiasis, prompted by an announcement in the Government Notices Gazette on 2 May 2007, and incorporates the latest medical-scientific evidence available. This new Instrument incorporates various revisions to terminology and conditions, reflecting updated medical understanding and legislative requirements.
Key Provisions
The main operative sections of the Repatriation Medical Authority Instrument No. 88 of 2010, as referenced in the explanatory notes, detail the Authority's decision to replace an earlier instrument concerning strongyloidiasis under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) (section 2). This new instrument sets out a Statement of Principles that outlines the factors necessary to establish a connection between strongyloidiasis or death from strongyloidiasis and specific types of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike service (section 4). The Instrument also incorporates recent medical-scientific evidence and revises definitions and factors to reflect updated understandings of the condition (section 6).
The obligations imposed by this Act on the parties it governs primarily involve the need for veterans or their representatives to provide evidence that meets the criteria outlined in the Statement of Principles when claiming compensation or acceptance of liability for service injuries, diseases, or deaths related to strongyloidiasis (section 3). This includes demonstrating a connection between their military service and the condition as defined by the Instrument. The Repatriation Medical Authority, on the other hand, is obliged to determine claims based on these updated principles, ensuring that all evaluations are conducted in accordance with the latest medical-scientific evidence (section 2).
The Instrument also outlines potential consequences for breaches or failures to comply with its provisions. While the explanatory notes do not explicitly detail offences or penalties, it is understood that failure to meet the criteria for claims under the VEA or MRCA could result in the denial of compensation or acceptance of liability for service-related injuries or diseases. Additionally, the Authority’s determinations under the VEA and MRCA can have significant legal and financial implications for claimants, impacting their eligibility for various benefits and entitlements. The exact nature of penalties or consequences would be further defined by the respective Acts and any relevant regulations or guidelines issued under them.