REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 63 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 63 of 2009 concerning bronchiolitis obliterans organising pneumonia and death from bronchiolitis obliterans organising pneumonia.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(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, bronchiolitis obliterans organising pneumonia or death from bronchiolitis obliterans organising pneumonia 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 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 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 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. 63 of 2009, concerning bronchiolitis obliterans organising pneumonia and death from this condition, was enacted in 2009 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument addresses the gap in the recognition of the link between specific military services and bronchiolitis obliterans organising pneumonia, ensuring that service members who developed this condition are eligible for compensation. The instrument was developed by the Repatriation Medical Authority, which is tasked with determining Statements of Principles that govern the eligibility for pensions and compensation claims related to service-connected conditions. The policy objective of this instrument is to provide a clear framework for assessing claims related to bronchiolitis obliterans organising pneumonia, ensuring that the sound medical-scientific evidence is considered in determining the connection to military service.
Scope and Application
The Repatriation Medical Authority Instrument No. 63 of 2009 applies to veterans and current or former service personnel who may have been exposed to conditions that could result in bronchiolitis obliterans organising pneumonia (BOOP) or death from BOOP. This determination is made under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It sets out the specific circumstances and service-related factors that must exist for a claim concerning BOOP or death from BOOP to be accepted. The legislation outlines that claims for pension or compensation must be assessed against these criteria, and any claims lodged after 1 June 1994 for the Veterans’ Entitlements Act and after 1 July 2004 for the Military Rehabilitation and Compensation Act will not be accepted unless supported by the Statement of Principles. This instrument also serves to finalise an investigation into BOOP that was initiated in 2008, which involved reviewing available medical-scientific evidence and inviting submissions from relevant organisations and experts.
Key Provisions
The main operative sections of this legislation, namely Statement of Principles Instrument No. 63 of 2009, outline the specific circumstances under which claims for pension under the Veterans’ Entitlements Act 1986 (VEA) or compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA) can be made regarding bronchiolitis obliterans organising pneumonia (BOOP) and death from BOOP. This Statement of Principles (section 4) details the factors that must be present and related to the service rendered by a person, such as eligible war service, defence service, or peacetime service, to establish a connection between BOOP or death from BOOP and the service circumstances.
The obligations imposed by this legislation on the parties governed by it include the requirement that the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal cannot accept any claim for pension or compensation related to BOOP or death from BOOP that was lodged after the specified dates unless it is upheld by this Statement of Principles (subsection 120B(3) of the VEA or subsection 339(3) of the MRCA). Additionally, any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA can request a list of references related to BOOP by making a written request to the Repatriation Medical Authority (section 9).
The legislation imposes specific consequences for breaches, although the explanatory statement does not provide detailed information about potential offences, penalties, or consequences. The determination of the Statement of Principles and the finalisation of the investigation (sections 5 and 8) are intended to ensure that all claims are assessed based on the available medical-scientific evidence, thereby providing a clear framework for adjudicating such claims. However, the exact penalties for non-compliance or the specific legal consequences of failing to adhere to the Statement of Principles are not elaborated upon in the explanatory statement.