REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 74 of 2009
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 74 of 2009 concerning adrenal insufficiency and death from adrenal insufficiency.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that adrenal insufficiency and death from adrenal insufficiency can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning adrenal insufficiency pursuant to subsection 196B(2) of the VEA.
3. Pursuant to the provisions of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA), claims for pension under the VEA or compensation under the MRCA are determined by the Repatriation Commission or 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 adrenal insufficiency or death from adrenal insufficiency, with the circumstances of that service.
5. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal cannot accept any claim for pension; or a claim for liability or compensation relating to adrenal insufficiency or death from adrenal insufficiency that was lodged on or after 1 June 1994 in the case of the VEA, or 1 July 2004 in the case of the MRCA respectively, unless this Statement of Principles upholds that claim (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA).
6. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 20 December 2006 concerning Addison's disease in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence available to the Authority.
7. Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to Addison's disease 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. One submission was received for consideration by the Authority during the investigation.
8. The determining of this new instrument finalises the investigation in relation to Addison's disease as advertised in the Government Notices Gazette of 20 December 2006.
9. 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. 74 of 2009, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was enacted to address the issue of adrenal insufficiency and death from adrenal insufficiency related to specific kinds of military service. This instrument was developed by the Repatriation Medical Authority following a comprehensive investigation into Addison's disease, which was publicly notified in the Government Notices Gazette on 20 December 2006. The Authority received submissions from relevant organisations and experts, culminating in the creation of this Statement of Principles. The objective of this instrument is to provide a clear framework for the assessment of claims related to adrenal insufficiency by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal, ensuring that such claims are assessed in accordance with the medical-scientific evidence available.
Scope and Application
The Repatriation Medical Authority Instrument No. 74 of 2009, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishes a Statement of Principles concerning adrenal insufficiency and death from adrenal insufficiency. This legislative instrument applies to individuals who served in specific capacities, including operational, peacekeeping, hazardous, warlike, and non-warlike services. It sets out the minimum criteria that must be met to establish a connection between adrenal insufficiency or death from this condition and the circumstances of their service, thereby impacting the eligibility for pension or compensation claims under the VEA and MRCA. The instrument is applicable to claims lodged after 1 June 1994 for the VEA and after 1 July 2004 for the MRCA. It is noteworthy that the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal are restricted from accepting claims that do not align with this Statement of Principles. The instrument was developed following an investigation into Addison's disease and is subject to revision through subordinate instruments, as needed.
Key Provisions
The main operative sections of the Repatriation Medical Authority Instrument No. 74 of 2009 concern the creation of a Statement of Principles (SoP) relating to adrenal insufficiency and death from adrenal insufficiency (paragraphs 2-5). This SoP outlines the minimum factors that must exist and be related to specific kinds of service under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) to establish a connection between adrenal insufficiency or death from adrenal insufficiency and the service rendered by a person (subsection 196B(2) of the VEA). Claims for pension under the VEA or compensation under the MRCA must refer to this SoP to be considered (subsections 120A(3) of the VEA and 338(3) of the MRCA).
The obligations imposed by this instrument require the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal to uphold the claim if it relates to adrenal insufficiency or death from adrenal insufficiency and was lodged after 1 June 1994 under the VEA or 1 July 2004 under the MRCA (subsections 120A(3) of the VEA and 338(3) of the MRCA). These bodies must adhere to the factors specified in the SoP when assessing claims.
The legislation does not explicitly state any offences, penalties, or consequences for breach within the explanatory notes. However, it implies that any claim for pension or compensation regarding adrenal insufficiency or death from adrenal insufficiency that does not align with the SoP will not be accepted. The SoP acts as a critical reference point for determining the validity of claims, and any non-compliance with these provisions could potentially lead to disputes or challenges in the claims process.