REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 8 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. 16 of 1995 of 12 January 1995, determined under subsection 196B(3) of the VEA concerning Wilson's disease and death from Wilson's disease.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 8 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 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, Wilson's disease or death from Wilson's disease 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 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. 8 of 2007 was enacted to address the issue of Wilson's disease and death from Wilson's disease in relation to military service. This instrument, under subsection 196B(3) of the Veterans’ Entitlements Act 1986, replaces the previous Instrument No. 16 of 1995, revoked on 12 January 1995. The Authority, based on available medical-scientific evidence, determined that it is more probable than not that Wilson's disease and death from Wilson's disease can be related to particular kinds of service. This new instrument serves to clarify and update the previous statements of principles concerning Wilson's disease, ensuring they align with the latest medical evidence and legislative requirements, as well as the commencement of the Military Rehabilitation and Compensation Act 2004.
Scope and Application
The Repatriation Medical Authority Instrument No. 8 of 2007, which amends the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, applies to claims related to Wilson's disease in veterans. The Authority, acting under subsection 196B(8) of the VEA, has determined a new Statement of Principles concerning Wilson's disease, replacing the previously revoked Instrument No. 16 of 1995. This new instrument specifies the circumstances under which Wilson's disease or death from Wilson's disease can be related to certain kinds of service, including eligible war service, defence service, and peacetime service. The Statement of Principles sets out the factors that must exist for a connection to be made on the balance of probabilities. The Authority's determination is effective for claims concerning service injuries, diseases, or deaths occurring on or after 1 July 2004, as these are now assessed under the MRCA. The Authority's decision follows an investigation notified in the Government Notices Gazette of 15 June 2005, and while no submissions were received, the Authority considered available medical-scientific evidence in making its determination. The new instrument replaces the previous one by adopting a revised format and clarifying the application of the Statement of Principles for both the VEA and the MRCA.
Key Provisions
The main operative sections of this legislation (Instrument No. 8 of 2007) revolve around the revocation of a previous instrument (Instrument No. 16 of 1995) and the creation of a new Statement of Principles concerning Wilson's disease. This new Statement of Principles, determined under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA), reflects the latest medical-scientific evidence and sets out the factors that must exist to establish a connection between Wilson's disease or death from Wilson's disease and particular kinds of service, including eligible war service, defence service, and peacetime service. This instrument will govern claims for compensation under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA), with claims for injuries or diseases occurring on or after 1 July 2004 being determined by the Military Rehabilitation and Compensation Commission.
The Repatriation Medical Authority (the Authority) is tasked with determining the Statement of Principles and ensuring that claims for compensation are assessed in accordance with these principles. The Authority is also responsible for advertising its intention to investigate conditions such as Wilson's disease, inviting submissions from relevant stakeholders, and considering any received submissions during the investigation process. The Authority must also ensure that the new instrument is formatted in line with the latest revised Instrument format, which includes adopting a new definition for Wilson's disease and introducing definitions for 'death from Wilson's disease','relevant service', and 'terminal event'. The Authority is required to finalise the investigation and determine the new Statement of Principles once the investigation is complete.
The obligations and requirements imposed by this legislation on the parties or entities it governs are primarily centred on the Authority's role in determining the Statement of Principles and ensuring that claims for compensation are assessed in accordance with these principles. The Authority must conduct investigations into conditions such as Wilson's disease, consider any submissions received during the investigation, and determine a Statement of Principles based on the latest medical-scientific evidence. The Authority must also ensure that the new instrument is formatted in line with the latest revised Instrument format and that any changes to the instrument are clearly specified. Additionally, the Authority must finalise the investigation and determine the new Statement of Principles once the investigation is complete.
Any breaches of the provisions of this legislation may result in civil or criminal consequences, depending on the nature and severity of the breach. For example, if an individual or entity fails to comply with the requirements for determining the Statement of Principles or assessing claims for compensation in accordance with these principles, they may be subject to penalties under the VEA or the MRCA. The maximum penalties for breaches of these Acts may vary, depending on the specific provisions being breached and the circumstances of the breach. It is important for parties or entities governed by this legislation to be aware of their obligations and requirements, and to ensure that they are complying with the provisions of the VEA, the MRCA, and this Instrument to avoid any potential penalties or consequences.