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 rotator cuff syndrome, Instrument Nos. 100 and 101 of 2014.
The investigation related to "statins". The Notice of Investigation was published in the Government Notices Gazette of 9 December 2015.
The Authority declares that it does not propose to amend Statements of Principles, Instrument Nos. 100 and 101 of 2014, concerning rotator cuff syndrome for the reason that the new sound medical-scientific evidence available is not sufficient to justify an amendment to the Statements of Principles already determined in respect of rotator cuff syndrome.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 24 / 06 / 2016
Overview
The Veterans’ Entitlements Act 1986, enacted by the Parliament of Australia, aims to provide a range of benefits and services to veterans, including medical care and financial support. This Act was introduced to address the specific needs and entitlements of veterans who have served in the Australian Defence Force, ensuring they receive appropriate recognition and assistance for their service. One of the mechanisms through which the Act operates is the issuance of Statements of Principles, which determine the conditions recognised as service-related for the purposes of providing benefits. The Repatriation Medical Authority, as the body responsible for reviewing and amending these Statements, ensures that they are aligned with the latest medical-scientific evidence. In this instance, the Authority has declared that there is insufficient new evidence to warrant a revision of the Statements of Principles concerning rotator cuff syndrome, thus maintaining the current recognition and support for veterans affected by this condition.
Scope and Application
The Veterans’ Entitlements Act 1986 applies to veterans and their dependants who are eligible for veterans’ benefits and pensions under the Act, as well as to the Repatriation Medical Authority, which is responsible for administering and reviewing these entitlements. The Act operates on a Commonwealth level and its provisions extend to all states and territories within Australia. The Act applies to a range of conduct and transactions, including the determination and review of Statements of Principles concerning medical conditions that may be linked to military service, such as rotator cuff syndrome. The Act also allows for the amendment of these Statements of Principles based on new medical-scientific evidence. In this particular case, the Authority has decided not to amend Statements of Principle Nos. 100 and 101 of 2014 concerning rotator cuff syndrome, due to insufficient new evidence. The Act provides for the issuance of subordinate instruments to further define the scope and application of its provisions, although in this instance, the Authority has opted not to proceed with amendments based on the available evidence.
Key Provisions
The Repatriation Medical Authority (the Authority), under subsection 196B(9) of the Veterans’ Entitlements Act 1986 (the Act), has declared that it does not propose to amend the Statements of Principles, Instrument Nos. 100 and 101 of 2014, concerning rotator cuff syndrome (subsection 196B(9)). This decision follows an investigation into the relationship between "statins" and rotator cuff syndrome, which was initiated with a Notice of Investigation published on 9 December 2015 in the Government Notices Gazette. The Authority's conclusion is based on the assessment that the new medical-scientific evidence available is not sufficient to warrant an amendment to the existing Statements of Principles.
The Act imposes several obligations on the Authority, including the responsibility to review and, if necessary, amend Statements of Principles in light of new evidence. This obligation is specifically outlined in subsection 196B(9). In this instance, the Authority has determined that the available evidence does not meet the threshold for such an amendment, thus fulfilling its duty under the Act to ensure the accuracy and relevance of the medical criteria governing veterans' entitlements. This review process is crucial in maintaining the integrity of the entitlements system and ensuring that veterans' health claims are assessed fairly and accurately.
For breaches of the provisions under the Veterans’ Entitlements Act 1986, the Act provides for various civil and criminal penalties. The specifics of these penalties are not detailed in the declaration itself but generally, the Act allows for fines and imprisonment for serious breaches. The maximum penalties can vary depending on the nature and severity of the offence. For instance, significant misrepresentations or fraudulent claims could lead to substantial fines and imprisonment. The Authority’s role in ensuring compliance with the Act is critical in upholding the rights of veterans and maintaining the integrity of the benefits system.
The declaration made by the Authority on 24 June 2016, signed by Professor Nicholas Saunders, the Chairperson, formally records the Authority's decision not to amend the Statements of Principles concerning rotator cuff syndrome. This decision, grounded in the assessment of available evidence, reflects the Authority's commitment to basing its determinations on sound medical-scientific findings. This ensures that the entitlements provided to veterans are both fair and evidence-based, reinforcing the accountability and transparency of the review process mandated by the Act.