REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 70 of 2010
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. 56 of 2006, determined under subsection 196B(3) of the VEA concerning acute sprain and acute strain and death from acute sprain and acute strain.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that acute sprain and acute strain and death from acute sprain and 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. 70 of 2010 concerning acute sprain and acute strain. This Instrument will in effect replace the revoked Statement 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 and acute strain or death from acute sprain and 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 23 December 2009 concerning acute sprain and acute strain in accordance with section 196G of the VEA. 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 Instrument. Comparing the new and the revoked Instruments, the differences include:
- revising the definition of 'acute sprain and acute strain' in clause 3;
- revising factors 6(a) & 6(c) concerning 'a significant physical force applied to or through the affected joint';
- revising factors 6(b) & 6(d) concerning 'forceful stretching or high intensity use of a muscle or tendon';
- deleting onset factor concerning 'joint instability';
- previous factors concerning 'twisting, wrenching or stretching a joint ligament' are now redundant as they are covered by revised factors concerning 'a significant physical force applied to or through the affected joint';
- specifying a date of effect for the Instrument in clause 11.
7. Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to acute sprain and acute strain in the Government Notices Gazette of 23 December 2009, 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. One submission was received for consideration by the Authority during the investigation.
8. On 3 June 2010, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed Instrument and the medical-scientific material considered by the Authority. This letter emphasised the deletion of a factor relating to joint instability. The Authority provided an opportunity to the organisations to make representations in relation to the proposed Instrument prior to its determination. No submissions were received for consideration by the Authority.
9. The determining of this new Instrument finalises the investigation in relation to acute sprain and acute strain as advertised in the Government Notices Gazette of 23 December 2009.
10. 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 Veterans’ Entitlements Act 1986, as amended by Instrument No. 70 of 2010 issued by the Repatriation Medical Authority (the Authority), addresses the gap in the legislation concerning the connection between acute sprain and acute strain, including death from such injuries, and particular kinds of military service. The Authority, exercising its powers under the Veterans’ Entitlements Act, revoked Instrument No. 56 of 2006 and introduced the new Instrument No. 70 to reflect the most recent medical-scientific evidence. This new instrument aims to clarify the criteria for linking acute sprain and acute strain to service, including eligible war service, defence service, and peacetime service. The Military Rehabilitation and Compensation Act 2004 further complements this legislative framework by stipulating that claims for compensation from 1 July 2004 onwards are assessed against these updated principles. The policy objective is to ensure that veterans receive appropriate compensation for service-related injuries, reflecting the latest medical understanding.
Scope and Application
The Repatriation Medical Authority Instrument No. 70 of 2010, under the Veterans’ Entitlements Act 1986, pertains to the determination of a new Statement of Principles regarding acute sprain, acute strain, and death from acute sprain and acute strain. This Act applies to veterans, service personnel, and their dependants who seek compensation for injuries sustained during eligible war service, defence service, or peacetime service, as outlined under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Instrument replaces the previously revoked Instrument No. 56 of 2006 and addresses claims for injuries or deaths that occurred on or after 1 July 2004. The Instrument sets out specific factors that must exist for a connection to be established between the service and the injury or death, such as the type of physical force or stretching involved, with certain factors being revised or deleted. The Authority consulted with relevant organisations and individuals before finalising the Instrument, and interested parties had the opportunity to provide submissions or representations. This Instrument is applicable on a national level within Australia and is subject to the provisions of the aforementioned Acts, with any exclusions or exemptions being specified within the legislation itself.
Key Provisions
The key provisions of Instrument No. 70 of 2010, as determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA), establish a new Statement of Principles concerning acute sprain and acute strain. This Instrument revokes the previous Statement of Principles, Instrument No. 56 of 2006, and revises the definition and factors related to acute sprain and acute strain, including the types of service that must be connected to these conditions for a claim to be considered. These provisions are designed to provide clearer and more precise criteria for determining the relationship between acute sprain, acute strain, or death from such injuries and specific kinds of service, including eligible war service, defence service, and peacetime service.
The obligations and requirements imposed by this Act on the parties it governs include the necessity for claimants to demonstrate that their acute sprain or acute strain, or death from such injuries, is connected to their service under the specified conditions outlined in the Statement of Principles. This involves providing evidence that the injury occurred under circumstances that fall within the definitions and factors set out in the Instrument. The Repatriation Medical Authority is tasked with assessing these claims against the criteria established by the new Instrument, ensuring that the claims are evaluated based on sound medical-scientific evidence. Claimants and their representatives must also engage with the Authority in good faith, providing all necessary information and evidence to support their claims.
In terms of consequences for breach or non-compliance, the Act does not explicitly outline specific offences, penalties, or consequences for breaching its provisions. However, any failure to adhere to the requirements for making a claim, including the provision of accurate and complete information, could result in the claim being dismissed. The Military Rehabilitation and Compensation Commission, which determines claims under the Military Rehabilitation and Compensation Act 2004 (MRCA), may also impose penalties or sanctions for fraudulent claims or misrepresentation of facts. Although the Act does not specify maximum penalties, the potential for civil or criminal action exists for more severe cases of fraud or misconduct related to the claims process.