REPATRIATION MEDICAL AUTHORITY

INSTRUMENT NO. 26 of 2005

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. 262 of 1995 of 21 June 1995, determined under subsection 196B(3) of the VEA concerning ankylosing spondylitis and death from ankylosing spondylitis.

2.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 26 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 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, ankylosing spondylitis or death from ankylosing spondylitis is connected 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.