REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 11 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. 5 of 1999 of 14 January 1999 and Instrument No. 56 of 1999 of 24 June 1999 determined under subsection 196B(2) of the VEA concerning acute stress disorder and death from acute stress disorder.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that acute stress disorder and death from acute stress disorder can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles, Instrument No. 11 of 2006 concerning acute stress disorder. 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 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 stress disorder or death from acute stress disorder, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 7 September 2005 concerning acute stress disorder 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 and the definition;
- revising the definition of ‘acute stress disorder’ in clause 3;
- rewording factor 6(a) relating to “a 1A stressor”;
- including a new factor 6(b) relating to “a 1B stressor”;
- including a new factor 6(c) relating to “the traumatic death of a significant other”;
- including a new factor 6(d) relating to “a significant other who experiences a category 1A stressor”;
- revising the definition of ‘relevant service’ in clause 9;
- including new definitions of ‘a catergory 1A stressor’; ‘a catergory 1B stressor’ ‘a significant other’; ‘DSM-IV-TR’; ‘eyewitnessing’ and ‘traumatic death’ in clause 9;
- deleting redundant definitions for ‘DSM-IV’; ‘experiencing a severe stressor’; and ‘ICD-9-CM code’ from 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 stress disorder in the Government Notices Gazettes of 7 September 2005, 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.
9. The determining of this new instrument finalises the investigation in relation to acute stress disorder as advertised in the Government Notices Gazettes of 7 September 2005.
10. 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. 11 of 2006, under the Veterans’ Entitlements Act 1986, was enacted to address the medical-scientific evidence indicating a connection between acute stress disorder, death from acute stress disorder, and specific types of service. This legislative instrument revokes previous statements of principles concerning acute stress disorder and introduces a new set of criteria to determine the factors that must exist to establish a connection between the condition and relevant service. The Military Rehabilitation and Compensation Act 2004 governs claims for compensation from 1 July 2004, with the Authority determining Statements of Principles for service injuries, diseases, or deaths. The new instrument, resulting from an investigation notified in the Government Notices Gazette on 7 September 2005, adopts a revised format and includes updated definitions and factors to reflect the latest medical-scientific evidence. The Authority invited submissions from relevant organisations and individuals but did not receive any for consideration.
Scope and Application
The Repatriation Medical Authority Instrument No. 11 of 2006 under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 sets forth the criteria and principles for determining claims related to acute stress disorder and death from acute stress disorder. This instrument applies to individuals who have rendered specific types of service, including operational, peacekeeping, and hazardous service under the Veterans' Entitlements Act, as well as warlike and non-warlike service under the Military Rehabilitation and Compensation Act. The instrument delineates the factors that must be present and related to these service types for a reasonable hypothesis to be raised connecting acute stress disorder or death from acute stress disorder with the circumstances of the service. The Authority's determination is based on sound medical-scientific evidence and replaces the previously revoked instruments concerning acute stress disorder. The instrument, which came into effect on 1 July 2004, also reflects changes in the format and definitions as a result of the commencement of the Military Rehabilitation and Compensation Act. This instrument is applicable nationally within Australia and is determined for the purposes of both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act, providing a unified framework for assessing related claims.
Key Provisions
The Repatriation Medical Authority (the Authority) has issued Instrument No. 11 of 2006 under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the VEA), revoking previous instruments concerning acute stress disorder and death from acute stress disorder. This new instrument aims to clarify the medical-scientific evidence linking these conditions to specific types of military service, including operational, peacekeeping, and hazardous service, as well as warlike and non-warlike service as defined by the Military Rehabilitation and Compensation Act 2004 (the MRCA). The Statement of Principles outlined in the instrument sets forth the minimum criteria that must be met for a reasonable hypothesis to connect acute stress disorder or death from acute stress disorder with the service circumstances. This includes defining key terms such as 'acute stress disorder','relevant service', and various stressors, and specifies the types of service that can be considered relevant.
The Authority's determination of these principles imposes obligations on various parties, including veterans and their representatives, to provide evidence that meets the criteria established in the Statement of Principles. It is also a requirement for the Military Rehabilitation and Compensation Commission to reference these principles when determining claims for compensation related to service injuries, diseases, or deaths occurring after 1 July 2004. The instrument specifies the types of service that must be considered and the types of evidence that need to be provided to substantiate a claim. Furthermore, the Authority must ensure that the principles are applied consistently and fairly to all claims.
For breaches of the provisions outlined in the Statement of Principles, there are no specific offences or penalties mentioned in the explanatory notes. However, any failure to comply with the requirements for evidence or misrepresentation of facts in claims could potentially lead to civil or administrative consequences, such as the denial of compensation or other remedial actions. The maximum penalties are not explicitly stated, but the seriousness of providing false information in claims could result in significant repercussions, including potential legal actions for fraud or misrepresentation. The Authority retains the discretion to impose appropriate penalties in cases of non-compliance or breaches of the statutory requirements.