REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 15 of 2005
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’), the Statement of Principles, Instrument No. 15 of 2005.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that dermatomyositis and death from dermatomyositis can be related to particular kinds of service. The Authority has therefore determined a Statement of Principles concerning dermatomyositis.
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 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;
warlike service under the MRCA;
non-warlike service under the MRCA,
before it can be said that a reasonable hypothesis has been raised connecting dermatomyositis or death from dermatomyositis, 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 dermatomyositis or death from dermatomyositis that was lodged on or after 1 June 1994 in the case of VEA, or 1 July 2004 in the case of MCRA respectively, unless this Statement of Principles upholds that claim (subsection 120A(3) VEA or subsection 338(2) MRCA).
6. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 16 July 2003 concerning dermatomyositis in accordance with section 196G of the Act. The investigation involved an examination of the sound medical-scientific evidence now available to the Authority.
7. Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to dermatomyositis in the Government Notices Gazettes of 16 July 2003, 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.
8. 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. No submissions were received by the Authority.
9. The determining of this new instrument finalises the investigation in relation to dermatomyositis as advertised in the Government Notices Gazettes of 16 July 2003.
10. 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 Instrument No. 15 of 2005, issued under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishes a Statement of Principles addressing dermatomyositis, a condition that can be related to certain types of military service. This legislative instrument was introduced to ensure that claims for compensation regarding dermatomyositis or death from dermatomyositis, which were lodged after 1 June 1994 for the VEA and 1 July 2004 for the MRCA, are evaluated based on sound medical-scientific evidence. The Authority determined this Statement of Principles after an investigation that involved examining the available evidence and soliciting submissions from relevant bodies and experts. The objective of this instrument is to provide clarity and consistency in the assessment of claims related to dermatomyositis, ensuring they are evaluated against the established principles.
Scope and Application
The Repatriation Medical Authority Instrument No. 15 of 2005, as outlined in the explanatory statement for the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, specifically addresses the medical condition dermatomyositis in the context of veterans' entitlements and military rehabilitation. This instrument applies to claims for pension or compensation concerning dermatomyositis or death from dermatomyositis related to various types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. It is pertinent for claims lodged on or after 1 June 1994 under the Veterans’ Entitlements Act 1986 and on or after 1 July 2004 under the Military Rehabilitation and Compensation Act 2004. The instrument outlines the specific medical-scientific evidence required to substantiate a claim, and it mandates that any claim for dermatomyositis or death from dermatomyositis must align with the newly established Statement of Principles. This legislative instrument underscores the necessity for sound evidence to link the condition to the service rendered, thereby restricting the scope of acceptable claims to those that meet the specified criteria.
Key Provisions
The Repatriation Medical Authority (the Authority) has issued Instrument No. 15 of 2005 under the Veterans’ Entitlements Act 1986 (VEA), establishing a Statement of Principles concerning dermatomyositis. This Statement outlines the medical-scientific evidence linking dermatomyositis and death from dermatomyositis to specific types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. Claims for pension or compensation related to dermatomyositis or death from dermatomyositis must be supported by this Statement of Principles to be considered valid (subsections 120A(3) VEA and 338(2) Military Rehabilitation and Compensation Act 2004 (MRCA)). Claims for service injuries or diseases sustained or contracted on or after 1 July 2004 are evaluated by the Military Rehabilitation and Compensation Commission against this Statement of Principles.
The Authority is mandated to ensure that claims for dermatomyositis or death from dermatomyositis are substantiated by the factors outlined in the Statement of Principles, which must be related to the specific types of service listed. This includes operational, peacekeeping, hazardous, warlike, and non-warlike service under the VEA and MRCA respectively. The Statement provides a framework that must be adhered to, ensuring that any claim for dermatomyositis or death from dermatomyositis is backed by sound medical-scientific evidence. These claims must be lodged with the appropriate authorities, such as the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal.
Failing to adhere to the requirements set forth in the Statement of Principles for claims related to dermatomyositis or death from dermatomyositis can result in the rejection of such claims. The VEA and MRCA explicitly state that any claim for pension or compensation concerning dermatomyositis or death from dermatomyositis that was lodged on or after 1 June 1994 for the VEA and 1 July 2004 for the MRCA will not be accepted unless it is supported by this Statement of Principles. This means that without meeting the criteria outlined in the Statement of Principles, claimants will not be able to pursue their claims successfully. The Authority’s determination of this Statement of Principles finalises the investigation into dermatomyositis, providing clarity and direction for future claims.