REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 7 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. 15 of 1995 of 12 January 1995, determined under subsection 196B(2) of the VEA concerning Wilson's disease and death from Wilson's disease.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that Wilson's disease and death from Wilson'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. 7 of 2007 concerning Wilson's disease. This Instrument will in effect replace the revoked Statements 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 Wilson's disease or death from Wilson'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 Wilson'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 Instruments. 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 'Wilson's disease' in clause 3;
- deleting the definition of 'ICD code';
- including new definitions of 'death from Wilson's disease'; 'relevant service'; and 'terminal event', 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 Wilson'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. The determining of this new instrument finalises the investigation in relation to Wilson's disease as advertised in the Government Notices Gazette of 15 June 2005.
10. 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. 7 of 2007, issued under the Veterans' Entitlements Act 1986, aims to address the issue of determining the eligibility of veterans for compensation related to Wilson's disease and death from Wilson's disease. The Authority revoked Instrument No. 15 of 1995, which was previously in effect, due to new medical-scientific evidence suggesting a link between Wilson's disease and certain types of military service. This new instrument replaces the revoked one and is in line with the Military Rehabilitation and Compensation Act 2004, which governs compensation claims for injuries or diseases sustained on or after 1 July 2004. The Statement of Principles outlined in the new instrument specifies the minimum conditions that must be met for a connection to be established between Wilson's disease or death from Wilson's disease and the service rendered by the veteran. This legislative change follows an investigation initiated by the Authority and aims to ensure that veterans' compensation claims are processed based on the most up-to-date medical evidence.
Scope and Application
The Repatriation Medical Authority (the Authority), under the Veterans' Entitlements Act 1986, has determined a new Statement of Principles concerning Wilson's disease, replacing a previous instrument from 1995. This Statement of Principles applies to individuals who have rendered various kinds of service, including operational, peacekeeping, and hazardous service under the Veterans' Entitlements Act, as well as warlike and non-warlike service under the Military Rehabilitation and Compensation Act 2004. The new instrument outlines the minimum factors that must exist, and which of those factors must be related to the specified service, to establish a connection between Wilson's disease or death from Wilson's disease and the service circumstances. The Authority's determination follows an investigation into the medical-scientific evidence regarding Wilson's disease, and the new instrument adopts the latest revised format, clarifying its application for both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act.
Key Provisions
The Repatriation Medical Authority (the Authority) has enacted Instrument No. 7 of 2007, which revokes the previous Instrument No. 15 of 1995 concerning Wilson's disease and death from Wilson's disease (section 1). This new instrument is based on a determination under subsection 196B(2) of the Veterans' Entitlements Act 1986 (the VEA) and outlines a Statement of Principles. This Statement of Principles serves to replace the revoked Instruments and is now the governing document for claims related to Wilson's disease and death from Wilson's disease (section 2).
The Authority has determined that there is sufficient medical-scientific evidence to link Wilson's disease and death from Wilson's disease to specific types of military service, including operational service, peacekeeping service, hazardous service, warlike service, and non-warlike service (section 4). These factors must be related to the service in order to raise a reasonable hypothesis connecting the disease or death from the disease with the service circumstances.
Under the Military Rehabilitation and Compensation Act 2004 (the MRCA), claims for compensation that commenced on 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission. These claims must be evaluated based on the Statements of Principles issued by the Authority under the VEA (section 3). The new instrument, which follows the latest revised Instrument format and includes new definitions and a specified date of effect, is designed to clarify the application of the Statement of Principles under both the VEA and the MRCA (section 6).
The Authority is required to advertise its intention to undertake an investigation into conditions such as Wilson's disease, inviting submissions from relevant organisations and individuals (section 8). In this instance, the Authority advertised its intention to investigate in the Government Notices Gazette of 15 June 2005 but did not receive any submissions for consideration. The new Instrument No. 7 of 2007 marks the conclusion of this investigation (section 9).
In terms of breaches and consequences, the legislation does not explicitly detail offences, penalties, or consequences for non-compliance. However, it is implied that any failure to adhere to the provisions of the new Instrument or the process for determining Statements of Principles could potentially impact the validity and processing of claims related to Wilson's disease and death from Wilson's disease. Such non-compliance could lead to legal challenges or disputes in the context of veterans’ entitlements and military rehabilitation and compensation claims.