REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 23 of 2011
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. 23 of 2011 concerning acute rheumatic fever and death from acute rheumatic fever.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that acute rheumatic fever and death from acute rheumatic fever can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning acute rheumatic fever 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 rheumatic fever or death from acute rheumatic fever, 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 rheumatic fever or death from acute rheumatic fever 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 3 November 2010 concerning acute rheumatic fever 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 rheumatic fever in the Government Notices Gazette of 3 November 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 rheumatic fever as advertised in the Government Notices Gazette of 3 November 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. 23 of 2011, concerning acute rheumatic fever and death from acute rheumatic fever, was enacted in response to the need for a comprehensive medical-scientific evaluation of the relationship between this condition and various kinds of military service. This instrument was developed under the authority granted by the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), and its purpose is to provide a definitive framework for assessing claims related to acute rheumatic fever by setting out the necessary criteria that must be met to establish a connection between the condition and the service rendered. By finalising an investigation initiated in November 2010, the Authority aims to ensure that any claims for pension or compensation regarding acute rheumatic fever must be substantiated by these newly established principles, thus clarifying the eligibility criteria for veterans and service personnel affected by this condition.
Scope and Application
The Repatriation Medical Authority Instrument No. 23 of 2011, concerning acute rheumatic fever, applies to individuals who served in specific types of military service and who are seeking pensions or compensation under the Veterans’ Entitlements Act 1986 (VEA) or the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument is applicable to those who rendered operational, peacekeeping, or hazardous service under the VEA, as well as those who performed warlike or non-warlike service under the MRCA. The instrument sets out the minimum factors that must exist to establish a reasonable hypothesis linking acute rheumatic fever or death from acute rheumatic fever to the service rendered. Any claims lodged on or after 1 June 1994 under the VEA and 1 July 2004 under the MRCA, must align with the criteria established in this Statement of Principles to be considered by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal. This legislation extends its jurisdictional reach across Australia, administered by the Commonwealth, and applies to any person who meets the criteria and has served in the specified categories.
Key Provisions
The key provisions of the legislation, specifically Statement of Principles Instrument No. 23 of 2011, detail the conditions under which a connection can be made between acute rheumatic fever or death from acute rheumatic fever and certain types of military service (sections 2 and 4). The document outlines the specific types of service — operational, peacekeeping, hazardous, warlike, and non-warlike — for which these connections can be considered. According to subsection 196B(2) of the Veterans’ Entitlements Act 1986 (VEA), claims for pension under the VEA or compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA) related to acute rheumatic fever must align with these principles. Any claim lodged after 1 June 1994 under the VEA or 1 July 2004 under the MRCA cannot be accepted unless it is upheld by these principles (subsections 120A(3) of the VEA and 338(3) of the MRCA).
The legislation imposes specific obligations on various entities including the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal. These entities must adhere to the Statement of Principles when assessing claims related to acute rheumatic fever and death from acute rheumatic fever. They are mandated to consider the sound medical-scientific evidence as outlined in the Statement of Principles and cannot entertain claims that do not meet these criteria. Additionally, the Repatriation Medical Authority, which determines these principles, must follow a transparent process that includes public notifications and opportunities for submissions from relevant organisations and individuals.
Breaches of the provisions outlined in the Statement of Principles could lead to significant consequences. Under the VEA and the MRCA, claims not supported by the Statement of Principles may be rejected outright, affecting veterans' and service personnel's entitlement to pensions and compensation. There are no explicit penalties mentioned in the explanatory statement, but the rejection of claims can have substantial financial and legal repercussions for those affected. The enforcement of these provisions is critical to ensuring that claims are processed fairly and based on sound medical-scientific evidence.