REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 56 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 56 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 on the sound medical-scientific evidence available it is more probable than not 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(3) 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 exist, and which of those factors must be related to the following kinds of service rendered by a person:
eligible war service (other than operational service) under the VEA;
defence service (other than hazardous service) under the VEA;
peacetime service under the MRCA,
before it can be said that, on the balance of probabilities, acute meniscal tear of the knee or death from acute meniscal tear of the knee is connected 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 120B(3) of the VEA or subsection 339(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. 56 of 2010 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 to address the issue of acute meniscal tear of the knee and death from acute meniscal tear of the knee among veterans. This legislative instrument was enacted to formalise the relationship between these medical conditions and particular kinds of service, ensuring that veterans can make claims for pensions or compensation under the respective Acts. The Authority determined this Statement of Principles based on the available medical-scientific evidence, establishing the necessary factors and service circumstances that must exist for such claims to be valid. The enactment of this instrument by the Repatriation Medical Authority aims to provide clarity and certainty to veterans seeking benefits related to these specific medical conditions.
Scope and Application
The Repatriation Medical Authority Instrument No. 56 of 2010, under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), sets out a Statement of Principles concerning acute meniscal tear of the knee and death from acute meniscal tear of the knee. This instrument applies to individuals who have served in eligible war service, defence service, or peacetime service, and who may claim pension or compensation related to these conditions. The Statement of Principles outlines the medical and service-related factors that must exist for a claim to be upheld. Any claims for pension or compensation related to acute meniscal tear of the knee or death from this condition, lodged after 1 June 1994 under the VEA or 1 July 2004 under the MRCA, must be supported by this Statement of Principles. The Authority's determination finalises an investigation into acute meniscal tear, ensuring that claims are assessed in accordance with the established medical-scientific evidence. The instrument's application is national in scope, applying across all jurisdictions in Australia, with no specific exclusions noted beyond the criteria outlined in the Statement of Principles.
Key Provisions
The Repatriation Medical Authority Instrument No. 56 of 2010, under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), pertains to the determination of a Statement of Principles concerning acute meniscal tear of the knee and death from acute meniscal tear of the knee. The Authority has concluded that, based on the available medical-scientific evidence, it is more probable than not that these conditions can be related to specific types of service. This Statement of Principles (section 2) outlines the factors that must exist, and which of those factors must be related to the service, before it can be said that, on the balance of probabilities, acute meniscal tear of the knee or death from acute meniscal tear of the knee is connected with the circumstances of that service (section 4).
This legislation imposes specific obligations on the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, and the Administrative Appeals Tribunal. These bodies are mandated to consider claims for pension under the VEA or compensation under the MRCA by reference to the Statements of Principles issued by the Authority (section 3). Any claim for pension 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 for the VEA, or 1 July 2004 for the MRCA, can only be accepted if the Statement of Principles upholds that claim (subsection 120B(3) of the VEA or subsection 339(3) of the MRCA).
There are no specific offences, penalties, or consequences for breach outlined in this explanatory statement. However, the primary consequence of not adhering to the Statement of Principles is that claims for pension or compensation relating to acute meniscal tear of the knee or death from acute meniscal tear of the knee will not be accepted by the relevant authorities unless the claim aligns with the criteria set out in the Statement of Principles. This can result in the denial of benefits that the claimants might be entitled to under the VEA or the MRCA. The Statement of Principles acts as a benchmark for determining the eligibility of claims based on the medical-scientific evidence available and the service-related factors outlined in the legislation.