REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 44 of 2006
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. 148 of 1995 of 13 April 1995 determined under subsection 196B(3) of the VEA concerning Caisson disease and death from Caisson disease.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that decompression sickness and death from decompression sickness 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. 44 of 2006 concerning decompression sickness. This Instrument will in effect replace the revoked Statements of Principles for Caisson disease.
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, decompression sickness or death from decompression sickness 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 31 March 2004 concerning Caisson 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;
- new definition for ‘decompression sickness’ in clause 3 which replaces definition for Caisson disease;
- rewording factor 6(a) relating to ‘an episode of decompression’;
- including new definitions for ‘an episode of decompression’; ‘death from decompression sickness’; ‘relevant service’; and ‘terminal event’ in clause 9; 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 Caisson disease in the Government Notices Gazettes of 31 March 2004, 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.
9. Following the commencement of the MRCA, the Authority published a “Further Notice of Investigations” in the Government Notices Gazette of 14 July 2004, extending the closing date for submissions in relation to the above mentioned investigation until 10 September 2004. The Authority again invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA (who include persons eligible to make a claim under the MRCA), as well as the Military Rehabilitation and Compensation Commission and any person having expertise in the field.
10. The determining of this new instrument finalises the investigation in relation to Caisson disease as advertised in the Government Notices Gazettes of 31 March 2004.
11. A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.
Overview
The Repatriation Medical Authority Statement of Principles No. 44 of 2006 under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 aims to address the medical condition previously known as Caisson disease, now referred to as decompression sickness. This legislative instrument was enacted to clarify and replace the existing medical principles concerning the condition and its relation to service, facilitating compensation claims under the new Act. The Authority, acting under the legislative authority provided by the VEA, determined the new Statement of Principles following an investigation and public consultation, ensuring that the latest medical-scientific evidence is considered. This development addresses the need for updated medical criteria to align with current understanding and treatment of decompression sickness, ensuring that veterans and service personnel can access appropriate compensation and rehabilitation services.
Scope and Application
The Repatriation Medical Authority, pursuant to the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), has revoked Instrument No. 148 of 1995 concerning Caisson disease and has determined a new Statement of Principles, Instrument No. 44 of 2006, concerning decompression sickness. This Statement of Principles applies to veterans and current or former service personnel who have engaged in eligible war service, defence service, or peacetime service, and who have sustained or contracted decompression sickness or died from it. The Statement of Principles outlines the factors that must exist and be related to the service in question for a connection to be made between the service and the condition. This new instrument, effective as of its specified date, replaces the revoked Instrument No. 148 of 1995. Claims for compensation under the MRCA, for injuries or diseases sustained or contracted on or after 1 July 2004, are determined by the Military Rehabilitation and Compensation Commission, with reference to Statements of Principles issued by the Authority.
Key Provisions
The Repatriation Medical Authority, under subsection 196B(8) of the Veterans’ Entitlements Act 1986, has revoked Instrument No. 148 of 1995 concerning Caisson disease, replacing it with a new Statement of Principles, Instrument No. 44 of 2006, regarding decompression sickness. This change reflects the Authority's view that it is more probable than not that decompression sickness and death from decompression sickness can be related to particular kinds of service. The new instrument outlines the factors that must exist and which factors must be related to eligible war service, defence service, or peacetime service before it can be said, on the balance of probabilities, that decompression sickness or death from decompression sickness is connected with the circumstances of that service. This replacement is effective from the date of the new Instrument and applies to claims for compensation that commenced on 1 July 2004 under the Military Rehabilitation and Compensation Act 2004.
The new Statement of Principles imposes several obligations on the parties involved. For instance, it mandates that any claims for compensation related to decompression sickness or death from decompression sickness must be substantiated by evidence that the condition is connected to the service rendered, as defined by the factors in the Statement of Principles. The Authority must review all submissions and evidence submitted by claimants to determine if the conditions meet the criteria set out in the new Instrument. Additionally, the Authority is required to advertise its intention to investigate and accept submissions from a wide range of stakeholders, including the Repatriation Commission, relevant organisations, and individuals with expertise in the field.
Failure to comply with the requirements set out in the Statement of Principles can lead to significant consequences. Although the document does not specify particular offences or penalties, it is implied that any misrepresentation or omission of relevant information in claims could result in the denial of compensation. The Military Rehabilitation and Compensation Commission, which determines claims under section 319 of the Military Rehabilitation and Compensation Act 2004, will assess the validity of claims against the criteria in the Statement of Principles. Inaccurate claims may be subject to scrutiny and could potentially lead to civil or criminal consequences if fraudulent activities are detected.
The Authority's determination process involves a thorough investigation and examination of sound medical-scientific evidence, ensuring that the criteria for linking decompression sickness or death from decompression sickness to service are based on the best available evidence. This process includes soliciting and reviewing submissions from various stakeholders, as well as making the results of the investigation publicly available. The Authority is committed to transparency and inclusivity in its determination process, aiming to ensure that all relevant perspectives are considered in formulating the Statement of Principles.