REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 89 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. 283 of 1995, determined under subsection 196B(3) of the VEA concerning strongyloidiasis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that strongyloidiasis and death from strongyloidiasis 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. 89 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 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, strongyloidiasis or death from strongyloidiasis 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 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(a) concerning 'cutaneous or mucosal contact with Strongyloides stercoralis', which subsumes the factor concerning 'living in unhygienic conditions';
- new factor 6(b) concerning 'having an organ transplant';
- revising factor 6(c) 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 Repatriation Medical Authority Instrument No. 89 of 2010 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 to address the problem of linking strongyloidiasis and death from strongyloidiasis to particular kinds of military service. This legislative instrument was enacted to provide updated medical criteria for assessing claims related to strongyloidiasis, replacing the previous Instrument No. 283 of 1995. The Repatriation Medical Authority, under subsection 196B(8) of the Veterans’ Entitlements Act, revoked the earlier instrument and introduced this new Statement of Principles based on the latest medical-scientific evidence. The policy objective is to ensure that compensation claims are assessed accurately and fairly, reflecting current medical understanding of the disease and its connection to military service. The Authority’s determination follows an investigation and public consultation process, ensuring that the new criteria are comprehensive and up-to-date.
Scope and Application
The Repatriation Medical Authority (the Authority) has issued Instrument No. 89 of 2010 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) to address claims concerning strongyloidiasis. This new Instrument replaces Instrument No. 283 of 1995 and sets out the principles for determining whether strongyloidiasis or death from strongyloidiasis is connected to particular kinds of service rendered by a person, including eligible war service, defence service, and peacetime service. The Instrument applies to veterans and service personnel who contracted strongyloidiasis or who died from it on or after 1 July 2004, and their dependants. The Authority's determination follows an investigation into the sound medical-scientific evidence available, and it reflects updated definitions and factors related to the condition, including new considerations such as cutaneous or mucosal contact with Strongyloides stercoralis and having an organ transplant. The Authority has considered the latest evidence and consulted widely with relevant stakeholders, though no submissions were received during the investigation. The Instrument will be used by the Military Rehabilitation and Compensation Commission to determine claims under the MRCA for service-related injuries or diseases, including those commencing on or after 1 July 2004.
Key Provisions
The Repatriation Medical Authority, pursuant to subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA), has revoked Instrument No. 283 of 1995 and established Instrument No. 89 of 2010 concerning strongyloidiasis. This new Instrument replaces the previous one, setting out the factors that must exist to determine a connection between strongyloidiasis or death from strongyloidiasis and specific types of service, including eligible war service, defence service, and peacetime service (section 4). The Instrument was determined following an investigation initiated on 2 May 2007, as outlined in section 196G of the VEA, and considers the latest medical-scientific evidence.
The Statement of Principles outlined in Instrument No. 89 imposes specific requirements on claimants seeking compensation for service-related strongyloidiasis or death from strongyloidiasis. Claimants must demonstrate that the factors specified in the Instrument are related to the service they provided. This includes proving exposure to Strongyloides stercoralis through cutaneous or mucosal contact, having undergone an organ transplant, or being in an immunocompromised state (clause 6). Additionally, the Instrument provides definitions for terms such as "an immunocompromised state," "death from strongyloidiasis," "ICD-10-AM code," "relevant service," and "terminal event" (clause 9), clarifying the criteria that must be met for a claim to be considered valid.
Under the Military Rehabilitation and Compensation Act 2004 (MRCA), claims for compensation related to service injuries, diseases, or deaths occurring on or after 1 July 2004, are determined by the Military Rehabilitation and Compensation Commission (section 3). The Commission assesses these claims by referencing Statements of Principles issued by the Authority under the VEA. The new Instrument ensures that the Commission’s assessments are based on the most current medical-scientific evidence and legal criteria, thus providing a fair and accurate evaluation process for claimants.
Breaches of the requirements set out in the Statement of Principles may lead to civil or criminal consequences. However, the document does not explicitly state the specific offences, penalties, or maximum penalties for non-compliance. It is implied that failure to meet the criteria outlined in the Instrument could result in denial of compensation claims, which could be pursued through legal avenues by the Commission. Claimants who provide false or misleading information may also face legal repercussions, although the exact nature of these penalties is not detailed in the text.