REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 75 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 75 of 2009 concerning adrenal insufficiency and death from adrenal insufficiency.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) 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 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) under the VEA;
peacetime service under the MRCA,
before it can be said that, on the balance of probabilities, adrenal insufficiency or death from adrenal insufficiency is connected 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 120B(3) of the VEA or subsection 339(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. 75 of 2009 was introduced to address the need for a formal statement regarding the connection between adrenal insufficiency, including death from adrenal insufficiency, and particular kinds of service under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument was enacted by the Repatriation Medical Authority, which determined that, based on available medical-scientific evidence, it is more probable than not that adrenal insufficiency and death from adrenal insufficiency can be related to certain types of service. The policy objective was to provide clarity and a basis for claims related to these conditions, ensuring that such claims are assessed according to the factors outlined in the new Statement of Principles. The Authority's determination is designed to assist the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal in their assessments of claims for pensions or compensation.
Scope and Application
This legislation, F2009L04046, pertains to Statement of Principles Instrument No. 75 of 2009 concerning adrenal insufficiency and death from adrenal insufficiency, issued by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument outlines the specific conditions that must be met for claims related to adrenal insufficiency to be considered valid for pensions under the VEA or compensation under the MRCA. The Authority has determined that adrenal insufficiency and death from adrenal insufficiency can be related to certain types of service, including eligible war service, defence service, and peacetime service, provided that the medical-scientific evidence supports the connection on the balance of probabilities. Claims for pension or compensation regarding these conditions that were lodged after 1 June 1994 under the VEA or after 1 July 2004 under the MRCA cannot be accepted unless they align with the criteria set out in this Statement of Principles. This legislative instrument serves to formalise the criteria for evaluating such claims and ensures consistency in the application of the relevant acts.
Key Provisions
The main operative sections of this legislation, Statement of Principles Instrument No. 75 of 2009, are concerned with the determination of adrenal insufficiency and death from adrenal insufficiency as related to particular kinds of service under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) (sections 2 and 4). The Repatriation Medical Authority has determined that, based on the sound medical-scientific evidence available, it is more probable than not that adrenal insufficiency and death from adrenal insufficiency can be related to certain types of service (section 2). This determination is set out in the Statement of Principles, which outlines the factors that must exist and be related to eligible war service, defence service, or peacetime service for a claim to be upheld (section 4). Any claims for pension or compensation related to adrenal insufficiency or death from adrenal insufficiency lodged after 1 June 1994 for the VEA or 1 July 2004 for the MRCA cannot be accepted unless they are supported by this Statement of Principles (sections 5, 120B(3) VEA, and 339(3) MRCA).
The Act imposes specific obligations on various parties and entities. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal are all required to reference the Statement of Principles when considering claims for pension or compensation related to adrenal insufficiency or death from adrenal insufficiency (section 5). Additionally, the Repatriation Medical Authority is responsible for determining the Statement of Principles based on the available medical-scientific evidence and must consider submissions from relevant organisations and individuals with expertise in the field (sections 6 and 7). The Authority must also advertise its intention to undertake investigations and invite submissions as part of its process (section 7).
Failure to comply with the provisions of this legislation may result in civil or criminal consequences. Specifically, claims for pension or compensation related to adrenal insufficiency or death from adrenal insufficiency that do not align with the Statement of Principles will not be accepted by the relevant authorities (section 5). While the legislation does not explicitly outline specific penalties for non-compliance, it is implied that disregarding the Statement of Principles could lead to legal challenges or disputes over the validity of claims. Additionally, the Authority's determination process is designed to ensure that claims are assessed based on the soundest available medical-scientific evidence, which could have implications for the credibility and admissibility of evidence in legal proceedings related to these claims.