REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 25 of 2005
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. 261 of 1995 of 21 June 1995, determined under subsection 196B(2) of the VEA concerning ankylosing spondylitis and death from ankylosing spondylitis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that ankylosing spondylitis and death from ankylosing spondylitis 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. 25 of 2005 concerning ankylosing spondylitis. This Instrument will in effect replace the revoked Statement of Principles.
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 ankylosing spondylitis or death from ankylosing spondylitis with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 4 May 2005 concerning ankylosing spondylitis 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 significant differences include:
- adopting the latest revised Instrument format, which commenced in 2003;
- deleting the ICD code from the Instrument header;
- changing the definition of ‘ankylosing spondylitis’ in clause 2;
- deleting the definition of ‘ICD code’ in clause 8;
- including new definitions of ‘death from ankylosing spondylitis’, ‘relevant service’ and ‘terminal event’ in clause 8; and
- specifying a date of effect for the Instrument in clause 10.
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 ankylosing spondylitis in the Government Notices Gazettes of 4 May 2005, 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 (who include persons eligible to make a claim under the MRCA), as well as the Military Rehabilitation and Compensation Commission and any person having expertise in the field. One submission was received and considered by the Authority during the investigation.
9. The determining of this new instrument finalises the investigation in relation to ankylosing spondylitis as advertised in the Government Notices Gazettes of 4 May 2005.
10. A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.
Overview
The Repatriation Medical Authority Instrument No. 25 of 2005 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by revoking the previous Instrument No. 261 of 1995 concerning ankylosing spondylitis and death from ankylosing spondylitis. This instrument is enacted by the Repatriation Medical Authority under the authority granted by the Veterans’ Entitlements Act 1986. The policy objective is to provide a revised Statement of Principles that reflects the latest medical-scientific evidence regarding the relationship between ankylosing spondylitis and certain types of military service, thus ensuring that veterans' claims for pension or compensation are assessed based on the most current and reliable evidence. This change aims to address any gaps in the previous legislation that may have failed to adequately recognise the connection between these medical conditions and specific military services.
Scope and Application
The Repatriation Medical Authority Instrument No. 25 of 2005, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, pertains to the establishment of a Statement of Principles concerning ankylosing spondylitis. This Instrument applies to veterans and service personnel, particularly those who have served in operational, peacekeeping, hazardous, warlike, or non-warlike service. The scope of the legislation is national, as it is determined under the Commonwealth Acts. The primary purpose of this Instrument is to provide clear criteria for claims related to ankylosing spondylitis or death from the condition, ensuring that the Repatriation Commission or Military Rehabilitation and Compensation Commission can appropriately assess eligibility for pensions or compensation. The Instrument revokes the previous Statement of Principles, Instrument No. 261 of 1995, and incorporates the latest evidence and format, reflecting changes since its initial determination. Any exclusions or specific thresholds are detailed within the Instrument itself and pertain directly to the medical and service-related criteria outlined for claims.
Key Provisions
The Repatriation Medical Authority, under section 196B(8) of the Veterans’ Entitlements Act 1986 (VEA), has issued Instrument No. 25 of 2005 to replace Instrument No. 261 of 1995 concerning ankylosing spondylitis. This new instrument revokes the previous one and outlines a Statement of Principles for linking ankylosing spondylitis and death from ankylosing spondylitis to certain types of military service. Specifically, section 4 of the instrument specifies the factors that must be present and related to the service, including operational, peacekeeping, hazardous, warlike, and non-warlike service, to establish a reasonable hypothesis connecting the condition with the service.
The Act imposes several obligations on the parties involved. For instance, section 2 of the instrument mandates the Authority to determine the Statement of Principles based on sound medical-scientific evidence. Furthermore, section 5 details the process of investigation and evidence review, which includes notifying relevant parties and inviting submissions. This ensures that the determination process is transparent and considers a wide range of expert opinions. The Repatriation Commission or the Military Rehabilitation and Compensation Commission must then refer to these Statements of Principles when processing claims for pension under the VEA or compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA), as stipulated in section 3.
Failure to comply with the provisions of the VEA and the MRCA, or providing false information in claims, could result in serious consequences. Under the VEA, penalties for providing false or misleading information can include fines and imprisonment, as outlined in section 213. Similarly, the MRCA includes provisions for penalties in section 133, which can include fines and imprisonment for those found guilty of making false statements or providing misleading information. These penalties underscore the importance of accuracy and honesty in the claims process, ensuring that benefits are awarded fairly and in accordance with the law.