DECLARATION UNDER SUBSECTION 196B(9)
OF THE VETERANS’ ENTITLEMENTS ACT 1986
The Repatriation Medical Authority (the Authority), under subsection 196B(9) of the Veterans' Entitlements Act 1986 (the Act), makes the following declaration in respect of the review of the contents of the Statements of Principles in force under the Act concerning cervical spondylosis, Instrument Nos. 66 and 67 of 2014.
The investigation related to "exposure to carrying loads positioned between the neck and shoulder". The Notice of Investigation was published in the Government Notices Gazette of 7 May 2019.
Following the investigation, the Authority declares that it does not propose to amend Statement of Principles, Instrument No. 67 of 2014, to include factors relating to carrying loads positioned between the neck and shoulder. The reason is that the sound medical-scientific evidence available to the Authority, including the new sound medical-scientific evidence, cannot, on the balance of probabilities, connect cervical spondylosis with carrying loads positioned between the neck and shoulder related to the circumstances of the relevant service referred to in subsection 196B(3) of the Act. That sound medical-scientific evidence is not sufficient to justify an amendment to the Statement of Principles, No. 67 of 2014, already determined in respect of cervical spondylosis, to include factors relating to carrying loads positioned between the neck and shoulder.
The Authority proposes to determine an amendment to Statement of Principles, Instrument No. 66 of 2014, concerning cervical spondylosis, to include factors relating to carrying loads positioned between the neck and shoulder. The Authority is of the view that the sound medical-scientific evidence available to it, including the new sound medical-scientific evidence, raises a reasonable hypothesis connecting cervical spondylosis with carrying loads positioned between the neck and shoulder related to the circumstances of relevant service referred to in subsection 196B(2) of the Act. That sound medical-scientific evidence justifies an amendment of the Statement of Principles, Instrument No. 66 of 2014, concerning cervical spondylosis, to include factors relating to carrying loads positioned between the neck and shoulder.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 18 / 10 / 2019 |