REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 57 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. 61 of 1995 determined under subsection 196B(2) of the VEA concerning von Willebrand's disease and death from von Willebrand's disease.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that von Willebrand's disease and death from von Willebrand's disease 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. 57 of 2007 concerning von Willebrand's disease. 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 von Willebrand's disease or death from von Willebrand's disease, 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 von Willebrand's disease 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 'von Willebrand's disease' in clause 3;
- deleting the factor concerning 'physical trauma';
- deleting the factor concerning 'platelet function';
- new definitions of 'death from von Willebrand's disease'; '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 von Willebrand's disease 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 and platelet function. 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 von Willebrand's disease 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 Repatriation Medical Authority Instrument No. 57 of 2007 is an instrument enacted to address the medical condition of von Willebrand's disease, its relation to military service, and subsequent deaths arising from this condition. This instrument was introduced to replace the previously revoked Instrument No. 61 of 1995 concerning von Willebrand's disease, which was determined under the Veterans' Entitlements Act 1986. The Repatriation Medical Authority, pursuant to subsection 196B(2) of the VEA, determined this new statement of principles, taking into account sound medical-scientific evidence that links von Willebrand's disease and death from von Willebrand's disease to specific types of military service. The Authority's determination finalises an investigation into the condition, as advertised in the Government Notices Gazette on 15 June 2005, and reflects the adoption of the latest revised Instrument format, which commenced in 2005. The new instrument aims to clarify the connection between von Willebrand's disease and relevant military service to ensure appropriate compensation claims can be assessed under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.
Scope and Application
The Repatriation Medical Authority Instrument No. 57 of 2007, made under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), pertains to the medical condition known as von Willebrand's disease, including its relation to death. This instrument revokes the previous Instrument No. 61 of 1995, establishing new principles concerning von Willebrand's disease based on updated medical-scientific evidence. It applies to veterans and current or former members of the Australian Defence Force who may have contracted von Willebrand's disease or died from it due to their service. The instrument sets forth the factors that must be considered to establish a connection between the disease and specific types of military service, including operational, peacekeeping, and hazardous service under the VEA, as well as warlike and non-warlike service under the MRCA. It applies nationally across Australia and its territories, as it is an instrument under Commonwealth legislation. The instrument does not specify any exclusions or exemptions but provides clear criteria for establishing eligibility for benefits under the VEA and MRCA. The Authority retains the power to extend or restrict the application of these principles through subordinate instruments, ensuring the instrument remains relevant and accurate as new evidence emerges.
Key Provisions
The main operative sections of this instrument pertain to the determination of a new Statement of Principles concerning von Willebrand's disease, as outlined in Instrument No. 57 of 2007 under the Veterans' Entitlements Act 1986 (VEA). This new instrument revokes the previous Statement of Principles, Instrument No. 61 of 1995, and incorporates updated medical-scientific evidence to establish a connection between von Willebrand's disease and particular kinds of military service (section 2). The Statement of Principles specifies the minimum factors that must exist and must be related to operational, peacekeeping, hazardous, warlike, and non-warlike services to establish a reasonable hypothesis linking the disease with the service (section 4). The instrument also includes new definitions and revised terminology, such as 'relevant service' and 'terminal event', and adopts a revised format for consistency with the latest instruments (section 6).
The obligations imposed by this Act primarily concern the Repatriation Medical Authority, which must determine Statements of Principles that reflect the latest sound medical-scientific evidence. The Authority is responsible for conducting investigations, soliciting submissions, and ensuring that the Statement of Principles accurately represents the medical-scientific evidence concerning von Willebrand's disease and its relation to military service. The Authority must also notify relevant parties of its intentions to investigate and provide opportunities for submissions, as seen in the notices published in the Government Notices Gazette and letters sent to veterans' organisations (sections 5, 8, 9). Furthermore, the Authority must ensure that the new instrument is determined and finalised in accordance with the provisions of the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA) (section 10).
The Act outlines specific civil and criminal consequences for breaches related to the determination of the Statement of Principles. While the Act does not explicitly state penalties for breaches, non-compliance with the requirements to accurately reflect sound medical-scientific evidence and to provide proper notification and opportunity for submissions could potentially lead to legal challenges or administrative actions against the Authority. Such challenges might be based on procedural irregularities or the failure to adequately consider relevant evidence or submissions, which could impact the validity and enforceability of the Statement of Principles. Additionally, any misrepresentation or deliberate omission of critical evidence could result in legal scrutiny and potential penalties under relevant administrative law provisions.