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 Statement of Principles in force under the Act concerning psoriasis, Instrument No. 32 of 2012.
The investigation related to "stressors". The Notice of Investigation was published in the Government Notices Gazette of 12 March 2019.
Following the investigation, the Authority declares that it does not propose to amend Statement of Principles, Instrument No. 32 of 2012, by inclusion of a factor relating to exposure to stressors. The reason is that the new sound medical-scientific evidence available is not sufficient to justify an amendment to that Statement of Principles already determined in respect of psoriasis.
The Authority is of the view that the new sound medical-scientific evidence available raises a reasonable hypothesis that psoriasis can be related to service involving exposure to stressors. Factors concerning stressors are included in the existing Statement of Principles concerning psoriasis, Instrument No. 31 of 2012, already determined pursuant to subsection 196B(2) of the Act. However, the sound medical-scientific evidence available to it including the new sound medical-scientific evidence, does not establish that such a relationship is more probable than not and does not enable the Authority to determine factors concerning exposure to stressors for inclusion in the Statement of Principles, Instrument No. 32 of 2012, already determined pursuant to subsection 196B(3) of the Act.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 21 / 6 / 2019 |
Overview
The Veterans' Entitlements Act 1986, enacted by the Australian Parliament, was introduced to provide comprehensive entitlements to veterans and their families, addressing the need for recognition and support of those who have served in the defence forces. One of the critical mechanisms through which the Act operates is the establishment of Statements of Principles concerning various medical conditions, which determine whether those conditions are connected to a veteran's service. The Repatriation Medical Authority, exercising its powers under the Act, reviewed the Statement of Principles concerning psoriasis, specifically Instrument No. 32 of 2012, to determine if exposure to stressors should be included. After thorough investigation, the Authority concluded that while new evidence suggested a possible link between psoriasis and exposure to stressors, it was not sufficient to warrant an amendment to the existing Statement of Principles. The Authority's decision was based on the need for more conclusive medical-scientific evidence to establish a probable relationship.
Scope and Application
The Veterans’ Entitlements Act 1986 applies to veterans and their dependants who are eligible for benefits and pensions under the Act. The Act's scope extends to the review and amendment of Statements of Principles concerning various medical conditions, including psoriasis, which are used to determine eligibility for specific benefits. The Repatriation Medical Authority (the Authority), acting under the authority granted by the Act, conducts investigations and reviews related to these conditions. In this instance, the Authority reviewed the contents of the Statement of Principles in force under the Act concerning psoriasis, Instrument No. 32 of 2012, following a published Notice of Investigation. The Authority's decision not to amend the Statement of Principles to include a factor relating to exposure to stressors is based on the available medical-scientific evidence, which did not establish a probable relationship between such exposure and psoriasis. The Authority's decisions and declarations, such as the one concerning psoriasis, are made in accordance with the provisions of the Act and can be extended or restricted through subordinate instruments, although in this specific case, no amendments were proposed.
Key Provisions
The Veterans’ Entitlements Act 1986 (the Act) is amended through the declaration made by the Repatriation Medical Authority (the Authority) under subsection 196B(9). This declaration pertains specifically to the review of the contents of the Statement of Principles in force under the Act concerning psoriasis, as detailed in Instrument No. 32 of 2012 (subsection 196B(9)). The Authority, following an investigation into stressors, has decided not to propose any amendments to the Statement of Principles concerning psoriasis, due to the lack of sufficient new sound medical-scientific evidence to justify such changes (subsection 196B(9)). This decision is based on the Authority's view that while there is a reasonable hypothesis that psoriasis can be related to service involving exposure to stressors, the available evidence does not establish this relationship as more probable than not (subsection 196B(9)).
The Authority, as the governing body, has a responsibility to review and determine the inclusion of factors in the Statement of Principles based on available sound medical-scientific evidence. In this instance, despite the hypothesis concerning stressors, the evidence does not meet the threshold for amendment of the Statement of Principles concerning psoriasis (subsection 196B(2), 196B(3)). The Authority's role includes conducting investigations, reviewing evidence, and making determinations that align with the legislative framework provided by the Act (subsection 196B(9)). The Authority's decision not to amend the Statement of Principles is informed by its assessment of the evidence and its implications for veterans' entitlements (subsection 196B(9)).
Breaching the provisions of the Veterans' Entitlements Act 1986 can result in legal consequences. The Act includes provisions for penalties and sanctions in cases of non-compliance or misuse of entitlements. While specific offences and penalties are not detailed in this declaration, general provisions of the Act may apply. For instance, fraudulent claims or misrepresentation of facts can lead to civil or criminal penalties, including fines and imprisonment, as outlined in other sections of the Act (subsections 196A(1), 196B(4)). The maximum penalties for such offences can vary, depending on the severity and intent behind the breach (subsections 196A(1), 196B(4)). The Authority's role in ensuring compliance with the Act is critical in maintaining the integrity of veterans' entitlements and the support provided to veterans and their families.