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
Overview
The Repatriation Medical Authority Instrument No. 29 of 2012, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the problem of establishing a clear connection between chronic venous insufficiency of the lower limb, including its severe manifestation lipodermatosclerosis, and military service. The Authority, established to provide medical guidance on veterans' health issues, determined this Statement of Principles to facilitate the processing of claims for pension or compensation related to these conditions. This legislative instrument was enacted to ensure that claims for benefits arising from chronic venous insufficiency of the lower limb or related deaths can only be considered valid if they meet the specified criteria outlined in the new Statement of Principles. This approach aims to streamline and standardise the claims process by setting explicit medical-scientific evidence requirements.
Scope and Application
The Repatriation Medical Authority Instrument No. 29 of 2012, concerning chronic venous insufficiency of the lower limb and death from chronic venous insufficiency of the lower limb, applies to veterans and service personnel under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument outlines the medical-scientific evidence that supports the connection between chronic venous insufficiency of the lower limb or death from chronic venous insufficiency of the lower limb and specific types of service, such as operational, peacekeeping, hazardous, British nuclear test defence, warlike, and non-warlike service. Claims for pension or compensation under the VEA or MRCA must be supported by this Statement of Principles to be considered by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal. This requirement applies to claims lodged on or after 1 June 1994 for the VEA and 1 July 2004 for the MRCA. The instrument ensures that the claims are evaluated based on the evidence and factors specified in the Statement of Principles, thereby establishing a clear framework for assessing eligibility for benefits related to chronic venous insufficiency of the lower limb.
Key Provisions
The primary operative sections of the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) that pertain to this Statement of Principles Instrument No. 29 of 2012 involve the determination of claims for pensions or compensation. Specifically, subsection 196B(2) of the VEA and subsection 196G of the MRCA provide the legislative framework for the Repatriation Medical Authority (the Authority) to issue Statements of Principles that set out the factors necessary to connect chronic venous insufficiency of the lower limb or death from such condition with service rendered by a person. These factors must be related to certain types of service as defined in the Acts, including operational service, peacekeeping service, hazardous service, British nuclear test defence service, warlike service, and non-warlike service.
The Authority's determination under these sections imposes specific obligations on the parties involved. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal are mandated to reference the new Statement of Principles when assessing claims for pension or compensation concerning chronic venous insufficiency of the lower limb or death from such condition. Claims lodged on or after 1 June 1994 under the VEA and 1 July 2004 under the MRCA cannot be accepted unless they are upheld by this Statement of Principles. This means that any claim for pension or compensation related to these conditions must align with the factors and service connections outlined in the new Instrument.
Any breach of the requirements set out in the new Statement of Principles can lead to civil or criminal consequences. Under the VEA and the MRCA, failure to adhere to the prescribed factors for connecting the condition with service could result in the rejection of claims. Additionally, if the Authority’s determinations are not followed, the legitimacy of claims could be questioned, potentially leading to legal challenges. The maximum penalties for non-compliance are not explicitly stated in the explanatory notes but can generally include financial penalties, legal costs, and the denial of benefits for which the claimant has applied.
In summary, the new Statement of Principles provides a clear framework for determining claims related to chronic venous insufficiency of the lower limb and death from such condition. The Authority's role in issuing these Statements ensures that claims are evaluated based on sound medical-scientific evidence, thereby maintaining the integrity and fairness of the pension and compensation processes under the VEA and MRCA.