REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 55 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. 55 of 2010 concerning acute meniscal tear of the knee and death from acute meniscal tear of the knee.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that acute meniscal tear of the knee and death from acute meniscal tear of the knee can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning acute meniscal tear of the knee 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 meniscal tear of the knee or death from acute meniscal tear of the knee, 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 meniscal tear of the knee or death from acute meniscal tear of the knee 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 13 March 2010 concerning acute meniscal 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 meniscal tear in the Government Notices Gazette of 13 March 2010, 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 meniscal tear as advertised in the Government Notices Gazette of 13 March 2010.
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. 55 of 2010, enacted under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of establishing a connection between acute meniscal tear of the knee, or death from such a tear, and specific types of military service. This instrument was developed in response to the need for a clear framework to assess and validate claims related to these medical conditions, ensuring that they are appropriately connected to service circumstances. The Authority, after examining available medical-scientific evidence, determined that such a connection can indeed be made under certain conditions. This instrument serves to guide the Repatriation Commission, the Military Rehabilitation and Compensation Commission, the Veterans’ Review Board, and the Administrative Appeals Tribunal in their assessment of claims related to acute meniscal tear of the knee or death from such a tear, ensuring consistency and fairness in the handling of these cases.
Scope and Application
The Repatriation Medical Authority Instrument No. 55 of 2010, concerning acute meniscal tear of the knee and death from acute meniscal tear of the knee, applies to veterans and service personnel under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument specifies the medical-scientific evidence necessary to establish a connection between such injuries and particular kinds of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. Claims for pension or compensation regarding acute meniscal tear of the knee or death from acute meniscal tear of the knee must be lodged in accordance with this Statement of Principles if they were submitted after 1 June 1994 under the VEA or 1 July 2004 under the MRCA. The Authority, through this instrument, ensures that the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal can only accept claims that are supported by the outlined factors.
Key Provisions
The Repatriation Medical Authority Instrument No. 55 of 2010, under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (VEA), pertains to acute meniscal tear of the knee and death from such a tear. This instrument sets out the Statement of Principles, which are crucial in determining claims for pension under the VEA or compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA). It outlines the specific conditions and service factors that must be met for a reasonable hypothesis to connect these medical conditions to the service rendered by a person. These factors include operational service, peacekeeping service, hazardous service under the VEA, and warlike or non-warlike service under the MRCA.
The obligations under this legislation include the requirement that any claims for pension or compensation related to acute meniscal tear of the knee or death from such a tear must be supported by the Statement of Principles issued by the Authority. Claims must be lodged with the Repatriation Commission or the Military Rehabilitation and Compensation Commission, which will then reference the Statement of Principles to determine eligibility. Additionally, the Authority must advertise its intention to investigate such conditions and invite submissions from relevant organisations and individuals before finalising the Statement of Principles. In this instance, no submissions were received during the investigation.
Failure to comply with the requirements set forth in this legislation may result in claims being rejected. Specifically, any claim for pension under the VEA lodged after 1 June 1994, or for compensation under the MRCA lodged after 1 July 2004, cannot be accepted unless it is supported by the relevant Statement of Principles. The penalties for non-compliance are not explicitly stated in the explanatory notes, but the primary consequence is the denial of the claim. This can be appealed through the Veterans’ Review Board or the Administrative Appeals Tribunal, but the claim must meet the criteria outlined in the Statement of Principles.
The instrument also emphasises transparency and due process by requiring the Authority to advertise its intention to investigate in the Government Notices Gazette and to circulate notices to a wide range of organisations. This ensures that all relevant parties are informed and have the opportunity to submit expertise or evidence related to the investigation. By following these procedures, the Authority aims to ensure that the Statement of Principles is based on sound medical-scientific evidence and reflects the realities of service-related injuries.