REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 30 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 30 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 on the sound medical-scientific evidence available it is more probable than not 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(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 and British nuclear test defence service) under the VEA;
peacetime service under the MRCA,
before it can be said that, on the balance of probabilities, chronic venous insufficiency of the lower limb or death from chronic venous insufficiency of the lower limb 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 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 120B(3) of the VEA or subsection 339(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 Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 established the framework for the administration of veterans' pensions and compensation. The Repatriation Medical Authority (the Authority) was tasked with determining Statements of Principles to guide the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board and the Administrative Appeals Tribunal in adjudicating claims. The Repatriation Medical Authority Instrument No. 30 of 2012 is a Statement of Principles concerning chronic venous insufficiency of the lower limb and death from chronic venous insufficiency of the lower limb. This instrument was enacted to provide a definitive medical-scientific basis for linking such conditions to particular kinds of military service, thus enabling claims to be assessed more accurately. The Authority concluded that, based on the available evidence, it is more probable than not that these conditions can be related to certain types of service. This instrument is a result of investigations into chronic venous insufficiency of the lower limb and lipodermatosclerosis, as notified in the Government Notices Gazettes of 13 July 2011 and 14 December 2011 respectively. It aims to ensure that any claim for pension or compensation regarding these conditions, lodged on or after 1 June 1994 under the Veterans’ Entitlements Act 1986, or 1 July 2004 under the Military Rehabilitation and Compensation Act 2004, is assessed in accordance with the established criteria.
Scope and Application
The Repatriation Medical Authority Instrument No. 30 of 2012 pertains to chronic venous insufficiency of the lower limb and death from chronic venous insufficiency of the lower limb, applying to claims for pension under the Veterans’ Entitlements Act 1986 (VEA) and compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation governs the circumstances under which these claims can be made, specifically relating to eligible war service, defence service, and peacetime service. Any claim for pension or compensation concerning chronic venous insufficiency of the lower limb or death from this condition, lodged on or after 1 June 1994 for the VEA or 1 July 2004 for the MRCA, must be substantiated by the Statement of Principles set out in this Instrument. The Authority, in determining these principles, has considered sound medical-scientific evidence to establish a connection between the condition and service rendered, ensuring that claims are assessed in accordance with the legislative framework.
Key Provisions
The Repatriation Medical Authority has issued Statement of Principles Instrument No. 30 of 2012, which concerns chronic venous insufficiency of the lower limb and death from chronic venous insufficiency of the lower limb, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA). This Statement of Principles outlines the factors that must exist, and which factors must be related to particular kinds of service, for it to be said that chronic venous insufficiency of the lower limb or death from chronic venous insufficiency of the lower limb is connected with the circumstances of the service (section 4). This applies to eligible war service, defence service, and peacetime service as defined by the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).
Under the provisions of the VEA and the MRCA, claims for pension or compensation are determined by the Repatriation Commission or the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority (section 3). Any claim for pension 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 for the VEA and 1 July 2004 for the MRCA cannot be accepted unless the claim is upheld by this Statement of Principles (subsection 120B(3) of the VEA and subsection 339(3) of the MRCA).
This new Instrument results from investigations into lipodermatosclerosis and chronic venous insufficiency of the lower limb, as notified by the Authority in the Government Notices Gazettes of 13 July 2011 and 14 December 2011, respectively. These investigations involved an examination of the sound medical-scientific evidence available to the Authority (section 6). The investigations were advertised, and submissions were invited from relevant organisations and individuals, with one submission for lipodermatosclerosis being received (section 8). The Authority determined this new Instrument in accordance with section 196G of the VEA, finalising the investigations as advertised (section 10).
There are no specific offences, penalties, or consequences for breach outlined in this legislation. However, claims for pension or compensation that do not align with the factors and conditions set out in this Statement of Principles will not be accepted by the Repatriation Commission or the Military Rehabilitation and Compensation Commission (subsection 120B(3) of the VEA and subsection 339(3) of the MRCA). This effectively means that any claim not supported by the Statement of Principles will not be processed or considered.