REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 26 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. 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.
Overview
The Repatriation Medical Authority Instrument No. 26 of 2005 was enacted to address the need for updated medical criteria concerning ankylosing spondylitis and death from ankylosing spondylitis in the context of veterans' entitlements. This instrument, determined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, revokes the previous Instrument No. 262 of 1995 and establishes a new Statement of Principles based on the latest medical-scientific evidence. The Authority, acting under section 196B(3) of the Veterans' Entitlements Act, has determined that ankylosing spondylitis and its related fatalities can be connected to specific types of service, thus influencing pension and compensation claims. This legislative instrument aims to ensure that claims are assessed accurately by providing clear guidelines on the circumstances under which ankylosing spondylitis is considered connected to service. The Authority conducted an investigation and invited submissions from relevant stakeholders, resulting in this revised instrument that adopts a contemporary format and clarifies the conditions for both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act.
Scope and Application
The Repatriation Medical Authority, under the Veterans' Entitlements Act 1986, has revoked Instrument No. 262 of 1995 concerning ankylosing spondylitis and has issued a new Instrument No. 26 of 2005 to replace it. This new instrument outlines the Statement of Principles concerning ankylosing spondylitis, which applies to claims for pension under the Veterans' Entitlements Act or compensation under the Military Rehabilitation and Compensation Act 2004. These Acts apply to veterans and service personnel who may be suffering from or have died due to ankylosing spondylitis, and the instrument sets out the circumstances of service that must be related to the condition for a claim to be considered valid. The new instrument adopts a revised format and includes new definitions, such as 'death from ankylosing spondylitis','relevant service', and 'terminal event'. This instrument is applicable nationally in Australia and its determination follows an investigation and consultation process involving various stakeholders, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and relevant organisations and experts.
Key Provisions
The Repatriation Medical Authority has determined a new Statement of Principles, Instrument No. 26 of 2005, concerning ankylosing spondylitis, replacing the previous Instrument No. 262 of 1995 (subsection 196B(3) of the Veterans' Entitlements Act 1986 ('VEA')). This new instrument sets out the factors that must exist to establish a connection between ankylosing spondylitis or death from ankylosing spondylitis and specific kinds of service rendered by a person, such as eligible war service, defence service, or peacetime service. This determination is based on the latest available medical-scientific evidence, which suggests a probable link between ankylosing spondylitis and the specified service types.
The new Statement of Principles outlines the criteria for determining a connection between ankylosing spondylitis and particular service rendered, which must be referenced in any claim for pension under the VEA or compensation under the Military Rehabilitation and Compensation Act 2004 ('MRCA'). The Authority has adopted the latest revised Instrument format, which commenced in 2003, and made several format changes, including deleting the ICD code from the Instrument header and including new definitions of 'death from ankylosing spondylitis','relevant service', and 'terminal event'. The Authority has also specified a date of effect for the Instrument in clause 10.
Parties or entities governed by this Act must adhere to the criteria outlined in the new Statement of Principles when making claims for pension or compensation. Claims must be supported by evidence that the factors specified in the Instrument are met, and that these factors are related to the relevant service rendered. Additionally, the Authority invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, as well as the Military Rehabilitation and Compensation Commission and any person having expertise in the field.
Failure to comply with the requirements of the new Statement of Principles may result in claims for pension or compensation being denied. The Authority's determination of the Instrument finalises the investigation in relation to ankylosing spondylitis as advertised in the Government Notices Gazettes of 4 May 2005. The Authority will provide a list of references relating to the above condition on written request from the Repatriation Medical Authority Secretariat.