REPATRIATION MEDICAL AUTHORITY

INSTRUMENT NO. 7 of 2012

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

EXPLANATORY NOTES FOR TABLING

1. The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), revokes Instrument No. 17 of 1999, as amended by Instrument No. 28 of 2002, determined under subsection 196B(2) of the VEA concerning adhesive capsulitis of the shoulder.

2.             The Authority is of the view that there is sound medical-scientific evidence that indicates that adhesive capsulitis of the shoulder and death from adhesive capsulitis of the shoulder 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. 7 of 2012 concerning adhesive capsulitis of the shoulder.  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;

 British nuclear test defence 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 adhesive capsulitis of the shoulder or death from adhesive capsulitis of the shoulder, with the circumstances of that service.

5.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 24 June 2009 concerning adhesive capsulitis of the shoulder 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 this Instrument are in similar terms as the revoked Instruments.  Comparing this Instrument 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 'adhesive capsulitis of the shoulder' in clause 3;
• revising factors 6(a) & 6(m) concerning 'an injury';
• revising factors 6(b) & 6(n) concerning 'paralysis of the affected shoulder, including cerebrovascular accident with shoulder paralysis';
• revising factors 6(c) & 6(o) concerning 'diabetes mellitus';
• new factors 6(d) & 6(p) concerning 'a musculoskeletal disorder';
• new factors 6(e) & 6(q) concerning 'a malignant neoplasm involving the region of the affected shoulder, including ipsilateral breast cancer and ipsilateral chest wall tumour';
• new factors 6(f) & 6(r) concerning 'a malignant neoplasm of the lung';
• new factors 6(g) & 6(s) concerning 'hyperthyroidism or hypothyroidism';
• new factors 6(h) & 6(t) concerning 'Parkinson's disease';
• new factors 6(i) & 6(u) concerning 'highly active antiretroviral therapy for human immunodeficiency infection';
• new factors 6(j) & 6(v) concerning 'immobilisation of the affected shoulder';
• new factors 6(k) & 6(w) concerning 'myocardial infarction';
• new factors 6(l) & 6(x) concerning 'pulmonary tuberculosis, chronic bronchitis or emphysema';
• new definitions of 'a musculoskeletal disorder as specified', 'ICD-10-AM code', 'immobilisation of the affected shoulder' and 'injury involving the affected shoulder' in clause 9;
• revising definition of 'relevant service' in clause 9;
• deleting definitions of 'hemiplegia', 'ICD-9-CM code', 'monoplegia', 'quadriplegia' and 'trauma to the affected shoulder'; 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 adhesive capsulitis of the shoulder in the Government Notices Gazette of 24 June 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.  No submissions were received for consideration by the Authority during the investigation.

9.             This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny Act 2011).

10.         The determining of this Instrument finalises the investigation in relation to adhesive capsulitis of the shoulder as advertised in the Government Notices Gazette of 24 June 2009.

11.         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