REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 10 of 2007
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. 52 of 1995 of 20 February 1995, determined under subsection 196B(3) of the VEA concerning Charcot-Marie-Tooth disease and death from Charcot-Marie-Tooth disease.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that Charcot-Marie-Tooth disease and death from Charcot-Marie-Tooth disease 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. 10 of 2007 concerning Charcot-Marie-Tooth disease. This Instrument will in effect replace the revoked Statements of Principles.
3. The provisions of the Military Rehabilitation and Compensation Act 2004 ('the MRCA') relating to claims for compensation commenced on 1 July 2004. Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by 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, Charcot-Marie-Tooth disease or death from Charcot-Marie-Tooth disease 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 15 June 2005 concerning Charcot-Marie-Tooth disease 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 differences include:
- adopting the latest revised Instrument format, which commenced in 2005;
- deleting the ICD code from the Instrument header;
- revising the definition of 'Charcot-Marie-Tooth disease' in clause 3;
- deleting the definition of 'ICD code';
- including new definitions of 'death from Charcot-Marie-Tooth disease'; 'ICD-10-AM code', 'relevant service'; and 'terminal event', in clause 6; and
- specifying a date of effect for the Instrument in clause 8.
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 Charcot-Marie-Tooth disease in the Government Notices Gazette of 15 June 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, and any person having expertise in the field. No submissions were received for consideration by the Authority during the investigation.
9. The determining of this new instrument finalises the investigation in relation to Charcot-Marie-Tooth disease as advertised in the Government Notices Gazette of 15 June 2005.
10. A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide for the payment of pensions and other benefits to veterans and their dependants. In response to evolving medical evidence and understanding, the Repatriation Medical Authority (the Authority) under subsection 196B(8) of the VEA, has revoked Instrument No. 52 of 1995 concerning Charcot-Marie-Tooth disease, and issued a new Instrument No. 10 of 2007. This new instrument aims to provide a more accurate assessment of the likelihood that Charcot-Marie-Tooth disease and death from Charcot-Marie-Tooth disease can be related to particular kinds of service. This instrument is intended to replace the revoked Statements of Principles and will apply to claims for compensation under the Military Rehabilitation and Compensation Act 2004. The Authority determined this instrument after an investigation into Charcot-Marie-Tooth disease, taking into account the latest medical-scientific evidence, and after advertising its intention to investigate and inviting submissions from relevant organisations and individuals. The new instrument sets out the factors that must exist, and which of those factors must be related to specific kinds of service, in order for it to be said that, on the balance of probabilities, Charcot-Marie-Tooth disease or death from Charcot-Marie-Tooth disease is connected with the circumstances of that service.
Scope and Application
The Repatriation Medical Authority Instrument No. 10 of 2007 under the Veterans' Entitlements Act 1986, as amended, and the Military Rehabilitation and Compensation Act 2004, pertains to the conditions under which Charcot-Marie-Tooth disease and death from this disease can be considered connected to particular kinds of military service. The Instrument applies to veterans and current or former members of the Australian Defence Force who may have contracted or died from Charcot-Marie-Tooth disease during or as a result of their service. It stipulates that such a connection can be established on the balance of probabilities if the disease or death occurred during eligible war service, defence service, or peacetime service. The revised Statement of Principles replaces the revoked Instrument No. 52 of 1995 and is effective for claims concerning service injuries, diseases, or deaths on or after 1 July 2004. The Authority's determination is made in accordance with the sound medical-scientific evidence available, and the new Instrument format aligns with recent revisions, clarifying its applicability under both the VEA and the MRCA. The Authority undertook an investigation and invited submissions from relevant organisations and individuals, although no submissions were received during the process.
Key Provisions
The Repatriation Medical Authority, under section 196B(8) of the Veterans’ Entitlements Act 1986 (VEA), has revoked Instrument No. 52 of 1995, which concerned Charcot-Marie-Tooth disease and death from Charcot-Marie-Tooth disease, and has introduced Instrument No. 10 of 2007. This new instrument provides a Statement of Principles, determining that it is more probable than not that Charcot-Marie-Tooth disease and death from Charcot-Marie-Tooth disease can be related to particular kinds of service. This Statement of Principles outlines the factors that must exist, and which of those factors must be related to eligible war service, defence service, or peacetime service, before it can be said that Charcot-Marie-Tooth disease or death from Charcot-Marie-Tooth disease is connected with the circumstances of that service.
The Authority has imposed a requirement on itself to examine sound medical-scientific evidence to determine the connection between Charcot-Marie-Tooth disease and military service. It has adopted a new Instrument format, revised definitions, and specified a date of effect for the Instrument. Additionally, it has clarified that the Statement of Principles is determined for the purposes of both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). This means that claims for compensation commenced on 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.
There are no specific offences or penalties outlined in the Instrument for breaches of the Statement of Principles. However, under the VEA and the MRCA, there are provisions for the recovery of payments made in error, which may include interest and legal costs. The Authority is also empowered to investigate claims and to require the production of documents and information necessary to determine the validity of a claim. Failure to comply with such requirements could result in the denial of a claim.
The Authority has also provided a list of references relating to Charcot-Marie-Tooth disease, available on written request from the Repatriation Medical Authority Secretariat. This is to assist in providing further information and context for the Statement of Principles and the connection between Charcot-Marie-Tooth disease and military service. The Authority’s determination of this new instrument finalises the investigation in relation to Charcot-Marie-Tooth disease, as advertised in the Government Notices Gazette of 15 June 2005.