REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 29 of 2012
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. 29 of 2012 concerning chronic venous insufficiency of the lower limb and death from chronic venous insufficiency of the lower limb.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that chronic venous insufficiency of the lower limb and death from chronic venous insufficiency of the lower limb can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning chronic venous insufficiency of the lower limb 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;
British nuclear test defence 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 chronic venous insufficiency of the lower limb or death from chronic venous insufficiency of the lower limb, 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 chronic venous insufficiency of the lower limb or death from chronic venous insufficiency of the lower limb 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 two investigations notified by the Authority in the Government Notices Gazette of 13 July 2011 concerning lipodermatosclerosis and the Government Notices Gazette of 14 December 2011 concerning chronic venous insufficiency of the lower limb, in accordance with section 196G of the VEA. The investigations involved an examination of the sound medical-scientific evidence available to the Authority.
7. Lipodermatosclerosis is a manifestation of chronic venous insufficiency of the lower limb. The new Instrument concerning chronic venous insufficiency of the lower limb includes lipodermatosclerosis.
8. Prior to determining this Instrument, the Authority advertised its intention to undertake investigations in relation to lipodermatosclerosis and chronic venous insufficiency of the lower limb in the Government Notices Gazettes of 13 July 2011 and 14 December 2011, respectively, and circulated copies of the notices 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 for lipodermatosclerosis was received for consideration by the Authority during the investigation process.
9. This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny Act 2011).
10. The determining of this new Instrument finalises the investigations in relation to lipodermatosclerosis and chronic venous insufficiency of the lower limb as advertised in the Government Notices Gazettes of 13 July 2011 and 14 December 2011, respectively.
11. 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