REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 119 of 2011
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. 119 of 2011 concerning anosmia and death from anosmia.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that anosmia and death from anosmia can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning anosmia 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, anosmia or death from anosmia 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 anosmia or death from anosmia 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 1 September 2010 concerning anosmia 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 anosmia in the Government Notices Gazette of 1 September 2010, 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 anosmia as advertised in the Government Notices Gazette of 1 September 2010.
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 Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 were enacted to provide medical, rehabilitation, and compensation services for Australian Defence Force personnel. These Acts were introduced to address the need for a structured system to support veterans and their families, ensuring that those who have served the nation are provided for when they return home with injuries or health conditions related to their service. The Repatriation Medical Authority, under these Acts, has the responsibility to determine Statements of Principles concerning specific medical conditions, such as anosmia, to guide the assessment of claims for pensions or compensation. The Authority ensures that the claims process is based on sound medical-scientific evidence, aiming to provide fair and just outcomes for claimants. This process involves thorough investigations and consideration of submissions from relevant parties, ensuring that the criteria for claiming are transparent and evidence-based.
Scope and Application
The Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) provide a framework for the assessment and provision of pensions and compensation to veterans and their dependents, with the Repatriation Medical Authority (Authority) playing a pivotal role in determining medical conditions related to service. This role includes the issuance of Statements of Principles, which define the circumstances under which certain medical conditions are accepted as connected to service. Specifically, Instrument No. 119 of 2011, concerning anosmia and death from anosmia, outlines the criteria that must be met for such claims to be substantiated, impacting claims for pension or compensation. These criteria must be satisfied for claims to be accepted, and any claims lodged after 1 June 1994 under the VEA or 1 July 2004 under the MRCA must align with this Statement of Principles to be considered. The Authority's determination is made based on sound medical-scientific evidence and is applicable nationally, with the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal all bound by these provisions in their respective roles.
Key Provisions
The main operative sections of this legislation establish Statement of Principles Instrument No. 119 of 2011 concerning anosmia and death from anosmia, which sets out the circumstances under which claims for pension or compensation can be connected to the service rendered by a person. Specifically, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA), the Repatriation Medical Authority (the Authority) has determined that it is more probable than not that anosmia and death from anosmia can be related to particular kinds of service, including eligible war service, defence service, and peacetime service. This Statement of Principles is crucial for any claims made under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA) that are lodged on or after 1 June 1994 and 1 July 2004, respectively, as it outlines the factors that must exist for such claims to be considered valid.
The obligations and requirements imposed by this Act on the parties it governs are primarily centered around the acceptance and assessment of claims for pension or compensation. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal cannot accept any claim for pension or compensation relating to anosmia or death from anosmia unless it is upheld by the Statement of Principles. This means that any claim must meet the criteria set out in the Statement of Principles, such as being connected to the relevant kinds of service as outlined in the legislation. Additionally, the Authority is required to consider the sound medical-scientific evidence available to it when determining the Statement of Principles, and it must advertise its intention to investigate and circulate notices to a wide range of organisations and individuals with relevant expertise.
There are no explicit offences, penalties, or consequences for breach mentioned in the legislation. However, the critical implication of non-compliance with the Statement of Principles is the rejection of claims that do not meet the outlined criteria. This could potentially lead to significant consequences for claimants, as their claims would not be accepted without the necessary connection to the relevant service as specified in the Statement of Principles. The focus of the legislation is on ensuring that claims are properly assessed based on the available medical-scientific evidence and the specific circumstances of the service rendered.