REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 80 of 2010
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. 34 of 2001, as amended by Instrument No. 27 of 2005, determined under subsection 196B(3) of the VEA concerning chondromalacia patellae.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that chondromalacia patella and death from chondromalacia patella 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. 80 of 2010 concerning chondromalacia patella. 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, chondromalacia patella or death from chondromalacia patella 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 29 April 2009 concerning chondromalacia patellae in accordance with section 196G of the VEA. 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;
- changing the name of the Instrument from 'chondromalacia patellae' to 'chondromalacia patella';
- new definition of 'chondromalacia patella' in clause 3;
- revising factors 6(a) & 6(h) concerning 'direct trauma to the patella';
- revising factor 6(c) & 6(j) concerning 'an injury to the affected knee';
- revising factor 6(d) & 6(k) concerning 'acquired abnormal tracking of the patella';
- new factors 6(b) & 6(i) concerning 'patellar dislocation';
- new factors 6(e) & 6(l) concerning 'running or jogging';
- new factors 6(f) & 6(m) concerning 'undertaking weight bearing exercise';
- new factors 6(g) & 6(n) concerning 'increasing the frequency, duration, or intensity of weight bearing activity';
- new definition of 'MET';
- revising definitions of 'abnormal tracking of the patella', 'death from chondromalacia patella', 'direct trauma to the patella', 'ICD-10-AM code' and 'relevant service' in clause 9;
- deleting definition of 'chondromalacia patellae'; and
- specifying a date of effect for the Instrument in clause 11.
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 chondromalacia patellae in the Government Notices Gazette of 29 April 2009, 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.
9. The determining of this new Instrument finalises the investigation in relation to chondromalacia patellae as advertised in the Government Notices Gazette of 29 April 2009.
10. 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. 80 of 2010, issued under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), addresses the issue of chondromalacia patellae by replacing previous statements of principles concerning the condition. The Authority, recognising the medical-scientific evidence linking chondromalacia patellae with particular types of service, has determined a new Statement of Principles to outline the circumstances under which the condition or its resulting death can be considered related to service. This Instrument aims to provide clarity and consistency in assessing claims for compensation related to chondromalacia patellae, ensuring that veterans and service personnel receive appropriate recognition and support. The Instrument also incorporates the latest revisions to accommodate the changes brought by the commencement of the MRCA, ensuring it serves the dual purpose of the VEA and the MRCA.
Scope and Application
The Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) govern the scope and application of the Repatriation Medical Authority Instrument No. 80 of 2010 concerning chondromalacia patella. This legislation applies to veterans and service personnel who have sustained injuries or contracted diseases as a result of their service. Specifically, it addresses the connection between chondromalacia patella, a condition involving the softening of the cartilage beneath the kneecap, and the service rendered by eligible individuals. The Act applies to eligible war service, defence service, and peacetime service as defined under the VEA and MRCA, respectively. It is applicable nationally within Australia, with the Repatriation Medical Authority determining Statements of Principles that govern the acceptance of liability for service injuries or diseases, particularly those commencing on or after 1 July 2004. The new Instrument replaces previous revoked statements and incorporates updated medical-scientific evidence to clarify the factors that must exist for a connection between chondromalacia patella and service to be recognised. The Act does not specify exclusions but focuses on the medical evidence and the types of service that may qualify under its terms. The Repatriation Medical Authority may further refine the application of this Act through subordinate instruments, ensuring that the evidence and criteria remain current and relevant.
Key Provisions
The Repatriation Medical Authority has determined a new Statement of Principles (Instrument No. 80 of 2010) concerning chondromalacia patella, replacing the previous Instrument No. 34 of 2001 as amended by Instrument No. 27 of 2005, pursuant to subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA). This new Instrument outlines the conditions under which chondromalacia patella or death from this condition may be related to service in the eligible war service, defence service, or peacetime service, as defined in the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). Claims for compensation for service injuries, diseases, or deaths occurring on or after 1 July 2004 are to be assessed by the Military Rehabilitation and Compensation Commission against these new criteria.
The new Statement of Principles includes revised and updated definitions and factors for assessing the connection between chondromalacia patella and service, such as the nature of the service, direct trauma to the patella, abnormal tracking of the patella, and specific activities like running or jogging, weight-bearing exercises, and changes in physical activity intensity. It also incorporates new factors such as patellar dislocation and specifies a date of effect for the Instrument. The Authority has adopted the latest revised Instrument format, updated definitions, and clarified the scope of application to include both the VEA and MRCA.
The obligations imposed by this Instrument require claimants to provide evidence that links their chondromalacia patella or death from this condition to their service. This includes demonstrating how the factors outlined in the Statement of Principles apply to their specific circumstances, such as showing a connection between their service and the onset or exacerbation of chondromalacia patella. The Authority's determination of these principles is based on sound medical-scientific evidence, and claimants must ensure their claims are substantiated by appropriate medical documentation.
Breach of the requirements set out in the Statement of Principles may lead to penalties or consequences under the relevant Acts. While the explanatory notes do not detail specific offences or penalties, any misrepresentation or failure to provide accurate information could potentially lead to the rejection of a claim. Under the MRCA, providing false information could be considered an offence, leading to legal consequences. The severity of penalties would depend on the nature and extent of the breach, but could include fines or other legal sanctions as prescribed by the applicable legislation.