Overview

The Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 were enacted to provide pensions, compensation and other forms of support to veterans and their families, including those affected by service-related health conditions. In 2011, the Repatriation Medical Authority introduced Statement of Principles Instrument No. 24 concerning acute rheumatic fever and death from acute rheumatic fever under the authority of the VEA and MRCA. This instrument was determined after an investigation into the condition and was aimed at clarifying the circumstances under which a veteran's acute rheumatic fever or death from acute rheumatic fever could be related to their service. The policy objective is to ensure that veterans who develop acute rheumatic fever or die from it as a result of their service can make a claim for pension or compensation, provided that the claim is supported by the relevant Statement of Principles.

Scope and Application

The Repatriation Medical Authority Instrument No. 24 of 2011, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, pertains to the determination of a Statement of Principles regarding acute rheumatic fever and death from acute rheumatic fever. This Instrument applies to eligible veterans and service personnel, specifically targeting those who have served in eligible war service, defence service, or peacetime service, as defined by the respective acts. The Instrument outlines the criteria and factors that must be related to the service circumstances to substantiate a connection between acute rheumatic fever or death from acute rheumatic fever and the service rendered. Claims for pension or compensation lodged on or after 1 June 1994 under the VEA or 1 July 2004 under the MRCA will be assessed in accordance with this Statement of Principles. The Authority’s decision is binding on the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal, which cannot accept claims that do not align with the established criteria. The Instrument concludes an investigation initiated by the Authority and published in the Government Notices Gazette of 3 November 2010, which involved a comprehensive review of available medical-scientific evidence.

Key Provisions

The Repatriation Medical Authority has issued Statement of Principles Instrument No. 24 of 2011 concerning acute rheumatic fever and death from acute rheumatic fever under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA). This determination, based on available medical-scientific evidence, establishes that it is more probable than not that acute rheumatic fever and death from acute rheumatic fever can be related to specific types of service (subsection 196B(3)). These types of service include eligible war service (other than operational service) under the VEA, defence service (other than hazardous service) under the VEA, and peacetime service under the Military Rehabilitation and Compensation Act 2004 (MRCA). The Statement of Principles outlines the factors necessary to link acute rheumatic fever or death from acute rheumatic fever to these kinds of service. Claims for pension under the VEA or compensation under the MRCA are adjudicated by the Repatriation Commission or the Military Rehabilitation and Compensation Commission based on these Statements of Principles (subsection 120B(3) of the VEA or subsection 339(3) of the MRCA). The obligations imposed by this legislation include that the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal cannot accept any claims for pension or compensation relating to acute rheumatic fever or death from acute rheumatic fever unless they are supported by the Statement of Principles issued by the Authority. This applies to claims lodged on or after 1 June 1994 for the VEA and 1 July 2004 for the MRCA. Furthermore, the Authority must ensure that any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA can obtain a list of references related to the condition. This process involves advertising the Authority's intention to investigate in the Government Notices Gazette and inviting submissions from relevant parties, although no submissions were received for this particular investigation. The Statement of Principles Instrument No. 24 of 2011 includes provisions that, if breached, may lead to legal consequences. For instance, any claim for pension or compensation not in line with the provisions of this Statement of Principles would not be accepted by the relevant Commissions or Boards. While the legislation does not explicitly detail civil or criminal penalties for non-compliance, the rejection of unsupported claims could result in the denial of entitlements to veterans or service personnel suffering from acute rheumatic fever or death from acute rheumatic fever. This could lead to disputes and potential litigation if veterans or their representatives challenge the decisions on the grounds of the Statement of Principles.