REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 53 of 2010
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 53 of 2010 concerning acute articular cartilage tear and death from acute articular cartilage tear.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that acute articular cartilage tear and death from acute articular cartilage tear can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning acute articular cartilage tear pursuant to subsection 196B(2) of the VEA.
3. Pursuant to the provisions of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA), claims for pension under the VEA or compensation under the MRCA are determined by the Repatriation Commission or 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 acute articular cartilage tear or death from acute articular cartilage tear, with the circumstances of that service.
5. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal cannot accept any claim for pension; or a claim for liability or compensation relating to acute articular cartilage tear or death from acute articular cartilage tear that was lodged on or after 1 June 1994 in the case of the VEA, or 1 July 2004 in the case of the MRCA respectively, unless this Statement of Principles upholds that claim (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA).
6. This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 4 November 2009 concerning acute articular cartilage tear in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence available to the Authority.
7. Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to acute articular cartilage tear in the Government Notices Gazette of 4 November 2009, 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.
8. The determining of this new Instrument finalises the investigation in relation to acute articular cartilage tear as advertised in the Government Notices Gazette of 4 November 2009.
9. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Repatriation Medical Authority Instrument No. 53 of 2010, concerning acute articular cartilage tear and death from acute articular cartilage tear, was enacted to address the medical-scientific evidence that links these conditions to specific types of military service. This instrument was developed under the authority of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, with the objective of ensuring that claims for pension or compensation related to these conditions are assessed with a clear framework of evidence. The instrument was determined by the Repatriation Medical Authority following an investigation and public consultation, and it sets out the minimum factors necessary to establish a connection between the service rendered and the condition, thereby governing the acceptance of claims lodged after certain dates. This legislative measure aims to provide clarity and consistency in the assessment of such claims, ensuring that they are based on sound medical-scientific evidence.
Scope and Application
The Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 apply to veterans, service personnel, and their dependants who may be eligible for pensions or compensation on account of service-related conditions. The scope of these Acts extends to various types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service, with the Repatriation Medical Authority determining Statements of Principles to guide the assessment of claims. The Authority's determination, as set forth in Instrument No. 53 of 2010, specifically concerns acute articular cartilage tear and death from such tears, establishing criteria that must be met for these conditions to be considered related to particular kinds of service. Any claims lodged after 1 June 1994 under the VEA or 1 July 2004 under the MRCA must align with this Statement of Principles to be considered valid. The Authority's decision concludes an investigation into the medical-scientific evidence surrounding acute articular cartilage tear, with the new Instrument serving as a definitive guideline for claims related to this condition.
Key Provisions
The main operative sections of this legislation establish a Statement of Principles concerning acute articular cartilage tear, which is now a recognised condition under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Section 196B(2) of the VEA allows the Repatriation Medical Authority to issue such statements, which detail the specific circumstances under which a claim for pension or compensation can be made. This Statement of Principles outlines the conditions that must be met for acute articular cartilage tear to be linked to particular kinds of military service (Section 4). It is crucial for claims to be assessed against these criteria to determine eligibility for benefits (Section 5).
The obligations imposed by this Act require the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal to adhere to the new Statement of Principles when evaluating claims for pension or compensation related to acute articular cartilage tear. These bodies must ensure that any claims lodged after the specified dates of 1 June 1994 under the VEA and 1 July 2004 under the MRCA are assessed based on the criteria outlined in the Statement of Principles (Sections 120A(3) and 338(3)). The Repatriation Medical Authority is responsible for determining these principles and ensuring they are communicated effectively to all relevant parties.
Failure to comply with the requirements of the Statement of Principles can result in claims for pension or compensation being rejected. The legislation clearly states that any claim lodged after the specified dates must be upheld by the Statement of Principles to be considered valid (Section 5). The consequences of not adhering to these provisions can be significant, as it may result in the denial of benefits to which a veteran or their dependants might otherwise be entitled. The precise nature of these penalties is not detailed in the explanatory statement, but it can be inferred that non-compliance would lead to legal disputes and potential reviews by the relevant tribunals.