REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 56 of 2006
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (‘the Authority’), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (‘the VEA’) revokes Instrument No. 51 of 1994 of 18 October 1994 determined under subsection 196B(3) of the VEA concerning acute sprains and acute strains and death from acute sprains and acute strains.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that acute sprain or acute strain and death from acute sprain or acute strain can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(3) of the VEA a Statement of Principles, Instrument No. 56 of 2006 concerning acute sprain and acute strain. This Instrument will in effect replace the revoked Statements of Principles.
3. The provisions of the Military Rehabilitation and Compensation Act 2004 (‘the MRCA’) relating to claims for compensation commenced on 1 July 2004. Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by 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 sprain or acute strain, or death from acute sprain or acute strain is connected with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 19 November 2003 concerning acute sprains and acute strains in accordance with section 196G of the Act. The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.
6. The contents of the new Instrument are in similar terms as the revoked Instruments. Comparing the new and the revoked Instruments, the differences include:
- adopting the latest revised Instrument format, which commenced in 2005;
- deleting the ICD code from the Instrument header;
- revising the definition of ‘acute sprain and acute strain’ in clause 3;
- rewording factors 6(a) & 6(d) concerning twisting, wrenching or stretching a joint ligament;
- rewording factors 6(b) & 6(e) concerning stretching or high intensity use of a muscle or tendon;
- new factor 6(c) concerning joint instability;
- rewording factor 6(f) concerning inability to obtain appropriate clinical management;
- deleting definition of 'ICD code' from clause 9;
- including new definitions of 'death from acute sprain or acute strain'; 'relevant service'; and 'terminal event', in clause 9; and
- specifying a date of effect for the Instrument in clause 11.
7. Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.
8. Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to acute sprains and acute strains in the Government Notices Gazettes of 19 November 2003, 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.
9. Following the commencement of the MRCA, the Authority published a "Further Notice of Investigations" in the Government Notices Gazette of 14 July 2004, extending the closing date for submissions in relation to the above mentioned investigation until 10 September 2004. The Authority again invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA (who include persons eligible to make a claim under the MRCA), as well as the Military Rehabilitation and Compensation Commission and any person having expertise in the field. No submissions were received for consideration by the Authority during the investigation.
10. The determining of this new instrument finalises the investigation in relation to acute sprains and acute strains as advertised in the Government Notices Gazettes of 19 November 2003.
11. A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.
Overview
The Repatriation Medical Authority Instrument No. 56 of 2006, enacted under subsection 196B(3) of the Veterans’ Entitlements Act 1986, addresses the issue of acute sprains and strains, as well as deaths resulting from these injuries, by revoking the previous Instrument No. 51 of 1994 and establishing a new Statement of Principles. This legislative instrument was created to ensure that claims for compensation related to acute sprains, strains, and deaths are assessed on the basis of the latest medical-scientific evidence. The Authority, acting under the authority granted by the Parliament, determined this new instrument to fill the evidentiary gap left by the revocation of the previous instrument. The policy objective of this legislation is to provide a clear and updated framework for assessing the connection between these injuries and specific types of service, ensuring that veterans and service personnel receive appropriate compensation.
This instrument also aligns with the Military Rehabilitation and Compensation Act 2004, clarifying that the new Statement of Principles applies to claims made under both the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act. The Authority sought submissions from relevant stakeholders, including the Repatriation Commission, organisations representing veterans and service personnel, and experts in the field, although no submissions were received. The new instrument finalises the investigation into acute sprains and strains that was initially advertised in the Government Notices Gazette of 19 November 2003, ensuring that all claims are assessed consistently and fairly based on the most recent medical evidence.
Scope and Application
The Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 are primarily concerned with the provision of medical, rehabilitation, and compensation services to Australian veterans and current service members. Under these Acts, the Repatriation Medical Authority determines Statements of Principles that specify the factors that must exist for a service injury or disease to be connected to particular kinds of service. Instrument No. 56 of 2006, as determined by the Authority, revokes the previous Instrument No. 51 of 1994 and establishes new Statements of Principles concerning acute sprains and acute strains, including death from these injuries, relating to eligible war service, defence service, and peacetime service. This Instrument applies to veterans and service personnel who sustained injuries or died from acute sprains or strains on or after 1 July 2004, with claims being assessed by the Military Rehabilitation and Compensation Commission in accordance with these new Statements of Principles. The Authority's determination process included public notifications and invitations for submissions, although none were received during the investigation. The Instrument's provisions are applicable across Commonwealth jurisdictions, reflecting its national scope.
Key Provisions
The Repatriation Medical Authority (RMA) has revoked Instrument No. 51 of 1994, which dealt with acute sprains and acute strains and death from such conditions, under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA). This revocation is in response to new medical-scientific evidence suggesting a probable connection between acute sprains or strains and certain types of service (section 2). In its place, the RMA has issued Instrument No. 56 of 2006, setting out a Statement of Principles concerning acute sprain and acute strain (section 2). This new instrument outlines the specific circumstances under which acute sprain or strain, or death from such conditions, can be considered related to eligible war service, defence service, or peacetime service (section 4). This new instrument applies to claims for compensation that commenced on or after 1 July 2004, as per the Military Rehabilitation and Compensation Act 2004 (MRCA) (section 3).
Under the VEA and MRCA, the new Instrument No. 56 requires that certain factors must exist and be related to the service rendered by a person for a claim regarding acute sprain or strain, or death from such conditions, to be accepted (section 4). These factors include the type of service, the nature of the injury, and the circumstances under which it occurred. The Instrument provides a detailed definition of ‘acute sprain and acute strain’ and sets out specific conditions that must be met for a claim to be valid (section 6). Additionally, the Instrument incorporates new definitions and revises certain factors from the previous instrument, reflecting updated medical understanding and terminology (section 6).
The new Instrument imposes specific obligations on claimants, service providers, and the RMA. Claimants must provide evidence that meets the criteria outlined in the Instrument, including proof of the service rendered and the nature of the injury. Service providers are required to adhere to the new medical-scientific evidence and criteria set out in the Instrument when assessing claims. The RMA is obligated to use the new Instrument to determine claims for compensation under the VEA and MRCA (section 7). Furthermore, the Authority is required to ensure that the new Instrument is applied consistently and fairly in all cases.
Breaches of the provisions outlined in Instrument No. 56 may result in civil or criminal consequences. While the explanatory notes do not specify penalties for non-compliance, breaches of related Acts such as the VEA and MRCA can result in fines and imprisonment. For instance, providing false or misleading information in a claim can lead to penalties under the Commonwealth Crimes Act 1900, including substantial fines and imprisonment terms. The RMA's determinations under the VEA and MRCA are subject to review and appeal processes, which may also carry implications for non-compliance (section 10).