REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 8 of 2012
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. 18 of 1999, as amended by Instrument No. 29 of 2002, determined under subsection 196B(3) of the VEA concerning adhesive capsulitis of the shoulder.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 8 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 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 and British nuclear test defence service) under the VEA;
peacetime service under the MRCA,
before it can be said that, on the balance of probabilities, adhesive capsulitis of the shoulder or death from adhesive capsulitis of the shoulder is connected 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(k) concerning 'an injury';
- revising factors 6(b) & 6(l) concerning 'paralysis of the affected shoulder, including cerebrovascular accident with shoulder paralysis';
- revising factors 6(c) & 6(m) concerning 'diabetes mellitus';
- new factors 6(d) & 6(n) concerning 'a musculoskeletal disorder';
- new factors 6(e) & 6(o) 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(p) concerning 'a malignant neoplasm of the lung';
- new factors 6(g) & 6(q) concerning 'hyperthyroidism or hypothyroidism';
- new factors 6(h) & 6(r) concerning 'Parkinson's disease';
- new factors 6(i) & 6(s) concerning 'highly active antiretroviral therapy for human immunodeficiency virus infection';
- new factors 6(j) & 6(t) concerning 'immobilisation of the affected shoulder';
- 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
Overview
The Repatriation Medical Authority Instrument No. 8 of 2012 is a legislative instrument made under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) to address the medical condition of adhesive capsulitis of the shoulder. This Instrument revokes the previous Statement of Principles concerning the condition, as determined by the Repatriation Medical Authority pursuant to subsection 196B(3) of the VEA. The Authority has determined that adhesive capsulitis of the shoulder and death from adhesive capsulitis of the shoulder can be related to particular kinds of service, based on the sound medical-scientific evidence available. The new Instrument outlines the factors that must exist, and which of those factors must be related to the service rendered, before it can be said that adhesive capsulitis of the shoulder or death from adhesive capsulitis of the shoulder is connected with the circumstances of that service. This Instrument also incorporates various changes to the format and definitions, as well as new factors related to the condition, in order to reflect the commencement of the MRCA and ensure compatibility with human rights obligations.
The Repatriation Medical Authority Instrument No. 8 of 2012 was enacted by the Repatriation Medical Authority, an entity under the VEA, in response to the need to update the medical condition of adhesive capsulitis of the shoulder in the context of service-related claims for compensation. The policy objective of this Instrument is to provide a comprehensive and up-to-date set of principles to determine the connection between adhesive capsulitis of the shoulder and service, thereby ensuring that eligible veterans and service personnel receive appropriate compensation for their condition. The Instrument aims to clarify the criteria and factors necessary to establish a link between adhesive capsulitis of the shoulder and particular kinds of service, in accordance with the sound medical-scientific evidence available.
Scope and Application
The Repatriation Medical Authority Instrument No. 8 of 2012 under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 establishes a Statement of Principles concerning adhesive capsulitis of the shoulder. This legislation applies to veterans and service personnel who have sustained adhesive capsulitis of the shoulder as a result of eligible war service, defence service, or peacetime service. The Statement of Principles outlines the factors that must exist to determine a connection between the condition and the service, such as the nature of the service rendered and the specific circumstances leading to the condition. This Instrument revokes previous instruments concerning the same condition, updating the legal framework to reflect the latest medical-scientific evidence. The Instrument also includes revisions to definitions and factors, as well as a new format that aligns with the commencement of the Military Rehabilitation and Compensation Act 2004. This legislative instrument has a national jurisdictional reach within Australia, applying across all states and territories. No specific exclusions or exemptions are noted in the text, although the determination of liability for compensation claims is subject to the specific criteria outlined in the Statement of Principles. The Authority may extend or restrict application through subordinate instruments, although no such actions are mentioned in the provided text.
Key Provisions
The main operative sections of the Repatriation Medical Authority Instrument No. 8 of 2012 revolve around the determination of a Statement of Principles concerning adhesive capsulitis of the shoulder, as outlined in sections 2 and 3 of the explanatory statement. This instrument revokes previous instruments related to adhesive capsulitis of the shoulder and establishes new principles under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA). The new Statement of Principles, as set out in section 4, provides specific factors that must exist and be related to certain types of service to determine a connection with adhesive capsulitis of the shoulder or death from this condition.
The obligations imposed by this Act are primarily on the Repatriation Medical Authority (the Authority), which is tasked with determining the Statement of Principles based on sound medical-scientific evidence. The Authority must consider the available evidence, including that previously examined, and must ensure that the new principles are compatible with human rights standards. Additionally, the Authority is responsible for notifying relevant parties of its intention to investigate and inviting submissions from interested organisations and experts, as mentioned in sections 7 and 8 of the explanatory statement. While no submissions were received for this investigation, the process ensures transparency and inclusivity in the determination of the principles.
In terms of offences, penalties, or consequences for breach, the explanatory statement does not detail specific offences or penalties related to this Instrument. However, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, breaches related to the fraudulent claiming of benefits or misrepresentation of facts could potentially lead to criminal charges or civil penalties. The exact penalties would depend on the nature and severity of the breach, as outlined in the respective acts.
For the purposes of claims under the Military Rehabilitation and Compensation Act 2004, the new Statement of Principles will be used by the Military Rehabilitation and Compensation Commission to assess claims for compensation related to service injuries, diseases, or deaths occurring on or after 1 July 2004. This ensures that all relevant claims are evaluated against the latest medical-scientific evidence and principles, as specified in section 3 of the explanatory statement. The comprehensive revision of the Instrument format and definitions also aids in clarity and consistency in the application of the principles.