REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 62 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(2) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 62 of 2009 concerning bronchiolitis obliterans organising pneumonia and death from bronchiolitis obliterans organising pneumonia.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that bronchiolitis obliterans organising pneumonia and death from bronchiolitis obliterans organising pneumonia can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning bronchiolitis obliterans organising pneumonia pursuant to subsection 196B(2) 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 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 bronchiolitis obliterans organising pneumonia or death from bronchiolitis obliterans organising pneumonia, 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 bronchiolitis obliterans organising pneumonia or death from bronchiolitis obliterans organising pneumonia 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 120A(3) of the VEA or subsection 338(3) of the MRCA).
6. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 30 April 2008 concerning bronchiolitis obliterans organising pneumonia 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 bronchiolitis obliterans organising pneumonia in the Government Notices Gazette of 30 April 2008, 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 bronchiolitis obliterans organising pneumonia as advertised in the Government Notices Gazette of 30 April 2008.
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. 62 of 2009, enacted under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of bronchiolitis obliterans organising pneumonia (BOOP) and death from BOOP in Australian military personnel. This legislation was introduced to ensure that the Repatriation Medical Authority could establish a Statement of Principles linking specific military services to the condition of BOOP. The Authority was mandated to examine the available medical-scientific evidence and determine whether there was a sufficient basis to connect particular military services with BOOP. The instrument was finalised following an investigation and public consultation process, which included an advertisement in the Government Notices Gazette and invitations for submissions from relevant organisations and experts. The policy objective is to provide a clear framework for assessing claims related to BOOP, ensuring that these claims are evaluated against the established criteria set out in the Statement of Principles.
Scope and Application
The Repatriation Medical Authority Instrument No. 62 of 2009, issued under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, concerns the medical condition of bronchiolitis obliterans organising pneumonia (BOOP) and death from BOOP. This legislation applies to individuals who have served in various capacities, including operational, peacekeeping, hazardous, warlike, and non-warlike service, and who may be seeking a pension under the VEA or compensation under the MRCA. The instrument outlines the specific conditions that must be met to establish a connection between the medical condition and the service rendered, thereby enabling a claim to be accepted by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal. It is important to note that any claim for pension or compensation relating to BOOP or death from BOOP that was lodged after the specified dates of 1 June 1994 for the VEA and 1 July 2004 for the MRCA must align with the criteria set out in this Statement of Principles to be considered valid.
Key Provisions
The main operative sections of this legislation (Instrument No. 62 of 2009) establish the criteria for the recognition of bronchiolitis obliterans organising pneumonia (BOOP) and death from BOOP as conditions related to specific military service under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Section 4 of the explanatory statement specifies the types of military service—operational, peacekeeping, hazardous, warlike, and non-warlike—that must be connected to the condition for a claim to be considered. The determination of these conditions by the Repatriation Medical Authority (section 2) is based on sound medical-scientific evidence. Section 5 establishes that any claim lodged after 1 June 1994 under the VEA or 1 July 2004 under the MRCA regarding BOOP or death from BOOP cannot be accepted unless it is supported by this Statement of Principles.
The Act imposes several obligations on the parties involved. Firstly, the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal are mandated to consider only those claims for pension or compensation that are substantiated by the Statement of Principles issued by the Authority (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA). This requirement ensures that all claims are assessed against a consistent and evidence-based benchmark. Additionally, the Authority is obligated to conduct investigations into specific conditions, such as BOOP, and to make its findings publicly available (section 7). The process includes advertising the investigation in the Government Notices Gazette and soliciting submissions from relevant organisations and experts (section 7).
Failure to comply with the provisions of this legislation may result in serious consequences. Under the VEA and MRCA, any claim for pension or compensation that does not meet the criteria outlined in the Statement of Principles will be rejected (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA). This strict adherence to the legislative criteria ensures that benefits are awarded only to those who meet the specified conditions. There are no explicit criminal penalties mentioned in the explanatory statement, but the civil consequences of non-compliance—such as the denial of pension or compensation benefits—are significant for claimants.
The Authority’s role in finalising the investigation and issuing the Statement of Principles (section 8) also serves to ensure that all relevant evidence and expert opinions are considered before making a determination. This process is transparent and inclusive, as evidenced by the Authority’s invitation for submissions from relevant organisations and experts (section 7). Finally, the availability of references relating to the condition (section 9) allows interested parties to access detailed medical and scientific information supporting the Authority’s determination.