REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 33 of 2007
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. 11 of 2006, 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. 33 of 2007 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 20 December 2006 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:
- revising the definition of 'category 1B stressor' in clause 9; and
- including new definition of 'an eyewitness', in clause 9;
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 Gazette of 20 December 2006, 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.
9. The determining of this new instrument finalises the investigation in relation to acute stress disorder as advertised in the Government Notices Gazette of 20 December 2006.
10. A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.
Overview
The Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 were enacted to provide medical, rehabilitation, and compensation benefits to veterans and their dependents. The Repatriation Medical Authority, under the Veterans' Entitlements Act 1986, has determined a new Statement of Principles concerning acute stress disorder, replacing the revoked Statements of Principles. This instrument, Instrument No. 33 of 2007, was developed in response to an investigation into acute stress disorder, taking into account the latest medical-scientific evidence. The new Statement of Principles outlines the minimum factors that must exist for a reasonable hypothesis to connect acute stress disorder or death from acute stress disorder with the circumstances of service, applicable to various types of service under both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act. This instrument reflects changes in the definition of terms and clarifies its application under both Acts.
Scope and Application
The Repatriation Medical Authority Instrument No. 33 of 2007 under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 establishes a Statement of Principles concerning acute stress disorder and death from acute stress disorder for the purposes of determining claims for compensation. This instrument applies to individuals who have served in operational, peacekeeping, hazardous, warlike, or non-warlike service as defined by the respective acts. It pertains to claims for service injuries, diseases, or deaths that occurred on or after 1 July 2004, with the determination of such claims resting with the Military Rehabilitation and Compensation Commission, informed by the Authority's Statements of Principles. The instrument's application extends across the Commonwealth of Australia, as dictated by the jurisdictional scope of the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act. While the instrument is comprehensive, it does not explicitly state exclusions or exemptions; however, claims must meet the specified medical-scientific criteria outlined in the Statement of Principles. The Authority may further refine or extend the application of this instrument through subordinate instruments as required.
Key Provisions
The Repatriation Medical Authority, under subsection 196B(8) of the Veterans' Entitlements Act 1986, has revoked Instrument No. 11 of 2006 concerning acute stress disorder and death from acute stress disorder (section 2). This decision was made based on the Authority's view that there is sound medical-scientific evidence indicating a connection between acute stress disorder, death from acute stress disorder, and certain kinds of service. A new Statement of Principles, Instrument No. 33 of 2007, has been determined under subsection 196B(2) of the Veterans' Entitlements Act 1986, replacing the revoked instruments. This new instrument outlines the minimum factors that must exist, and which factors must be related to specific types of service, before a reasonable hypothesis can be raised that acute stress disorder or death from acute stress disorder is connected to the circumstances of that service (section 4). These types of service include operational, peacekeeping, hazardous, warlike, and non-warlike service.
The obligations imposed by this Act require the Repatriation Medical Authority to undertake investigations into medical conditions related to service and to determine Statements of Principles based on sound medical-scientific evidence (section 5). The Authority must also advertise its intention to investigate in the Government Notices Gazette and invite submissions from relevant parties before determining the Statements of Principles (section 8). Additionally, the Military Rehabilitation and Compensation Commission must use these Statements of Principles to determine claims for compensation under the Military Rehabilitation and Compensation Act 2004 (section 3).
Any breach of the provisions of this Act may result in civil or criminal consequences. The maximum penalties for such breaches are not explicitly stated in the explanatory notes, but they can include fines and imprisonment, depending on the specific nature and severity of the breach. The precise penalties would be determined in accordance with the relevant sections of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. These legal repercussions underscore the importance of compliance with the Act's provisions, particularly in the context of determining eligibility for compensation related to service-related medical conditions.