REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 121 of 2011
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. 71 of 1998, determined under subsection 196B(3) of the VEA concerning varicose veins of the lower limb.
- The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that varicose veins of the lower limb and death from varicose veins of the lower limb 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. 121 of 2011 concerning varicose veins of the lower limb. This Instrument will in effect replace the revoked Statement of Principles.
- 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.
- 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 and British nuclear test defence service) under the VEA; or;
peacetime service under the MRCA,
before it can be said that, on the balance of probabilities, varicose veins of the lower limb or death from varicose veins of the lower limb is connected with the circumstances of that service.
5. This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 24 June 2009 concerning varicose veins of the lower limb 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 this Instrument are in similar terms as the revoked Instrument. Comparing this Instrument and the revoked Instrument, 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 'varicose veins of the lower limb' in clause 3;
- revising factors 6(a) & 6(g) concerning 'thrombosis';
- revising factors 6(b) & 6(h) concerning 'complete or partial obstruction';
- revising factors 6(c) & 6(i) concerning 'being pregnant';
- revising factors 6(d) & 6(j) concerning 'an acquired arteriovenous fistula';
- new factors 6(e) & 6(k) concerning 'non-ambulatory standing';
- new factors 6(f) & 6(l) concerning 'a varicosity of an abdominal or pelvic vein';
- new definition of 'ICD-10-AM code' in clause 9;
- revising definitions of 'a deep vein draining the affected lower limb' and 'relevant service' in clause 9;
- deleting definition of 'ICD-9-CM code'; 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 varicose veins of the lower limb in the Government Notices Gazette of 24 June 2009, 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. Two submissions were received for consideration by the Authority during the investigation.
9. The determining of this Instrument finalises the investigation in relation to varicose veins of the lower limb as advertised in the Government Notices Gazette of 24 June 2009.
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. 121 of 2011, concerning varicose veins of the lower limb, was enacted under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislation was introduced to address the gap in existing policies regarding the potential connection between varicose veins of the lower limb, or death from such condition, and particular kinds of service rendered by veterans. The Repatriation Medical Authority, acting under the authority granted by the VEA, conducted an investigation to examine the available medical-scientific evidence and subsequently determined a Statement of Principles to replace the previously revoked Instrument No. 71 of 1998. The policy objective of this legislation is to provide a clear and updated framework for assessing claims related to varicose veins of the lower limb, ensuring that the determination of such claims is based on the most current medical-scientific evidence.
Scope and Application
The Repatriation Medical Authority Instrument No. 121 of 2011, concerning varicose veins of the lower limb, applies to individuals who have rendered eligible war service (excluding operational service), defence service (excluding hazardous service and British nuclear test defence service), or peacetime service under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). These individuals can claim compensation if varicose veins of the lower limb or death from such veins are connected to their service. The Instrument revokes the previous Instrument No. 71 of 1998 and outlines the criteria for acceptance of liability, including the connection between varicose veins of the lower limb and the service rendered. The Authority has revised various definitions and factors to better reflect current medical-scientific evidence. The Instrument's provisions are determined by the Military Rehabilitation and Compensation Commission for claims made on or after 1 July 2004. The Instrument's scope is national, operating under the Commonwealth jurisdiction and applies to all states and territories of Australia. The Authority has ensured the availability of references to interested parties upon request, facilitating transparency and accessibility of information relevant to the condition.
Key Provisions
The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA), has revoked Instrument No. 71 of 1998, which was determined under subsection 196B(3) of the VEA concerning varicose veins of the lower limb. This revocation is due to the Authority's determination that, based on the sound medical-scientific evidence available, it is more probable than not that varicose veins of the lower limb and death from varicose veins of the lower limb can be related to particular kinds of service. The Authority has thus determined a new Statement of Principles, Instrument No. 121 of 2011, concerning varicose veins of the lower limb, which will replace the revoked Instrument.
This new Instrument, in line with subsection 196B(3) of the VEA, sets out the factors that must exist and be related to eligible war service (other than operational service), defence service (other than hazardous service and British nuclear test defence service), or peacetime service before it can be said that, on the balance of probabilities, varicose veins of the lower limb or death from varicose veins of the lower limb is connected with the circumstances of that service. Claims for compensation for these conditions, if they commenced 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.
The Authority's determination of this Instrument followed an investigation notified in the Government Notices Gazette of 24 June 2009, in accordance with section 196G of the VEA. The investigation examined the sound medical-scientific evidence available, including that previously considered by the Authority. The new Instrument incorporates the latest format adopted in 2005, revises several definitions, and includes new factors that were not previously considered, such as non-ambulatory standing and a varicosity of an abdominal or pelvic vein. The Instrument also specifies a date of effect, clarifying its application.
Entities and individuals subject to this Act must adhere to the new Statement of Principles in determining claims for compensation related to varicose veins of the lower limb. This means that claims for compensation must be assessed based on the factors and conditions outlined in Instrument No. 121 of 2011. Failure to comply with these provisions could result in invalid claims and potential legal challenges.
Under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA), breaches of the provisions outlined in this Instrument could have serious consequences. While specific offences and penalties are not detailed in the explanatory notes, breaches of statutory requirements in similar Acts can result in fines and other penalties. For example, under the VEA, penalties for false or misleading statements can include fines up to $16,500 for individuals and $82,500 for bodies corporate, as well as potential imprisonment. Therefore, it is crucial for all parties to ensure strict compliance with the new Statement of Principles to avoid these penalties and legal ramifications.