REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 16 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), the Statement of Principles, Instrument No. 16 of 2005.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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 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, dermatomyositis or death from dermatomyositis 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 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.
6. 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.
7. 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.
8. The determining of this new instrument finalises the investigation in relation to dermatomyositis as advertised in the Government Notices Gazettes of 16 July 2003.
9. 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. 16 of 2005, enacted under the Veterans’ Entitlements Act 1986, establishes a Statement of Principles concerning dermatomyositis, recognising its potential link to specific military service. This instrument was introduced to address the need for a clear framework to determine whether dermatomyositis or death from dermatomyositis can be related to particular kinds of service, including eligible war service, defence service, and peacetime service, thereby facilitating compensation claims under the Military Rehabilitation and Compensation Act 2004. The Authority, acting under subsection 196B(3) of the VEA, determined these principles based on available medical-scientific evidence, following an investigation and public consultation process. The objective is to ensure that veterans and service personnel who may have contracted dermatomyositis as a result of their service receive appropriate recognition and compensation.
Scope and Application
The Repatriation Medical Authority Instrument No. 16 of 2005, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, pertains to the determination of a Statement of Principles regarding dermatomyositis. This instrument applies to individuals who have contracted dermatomyositis or died from it, and who have served in eligible war service, defence service, or peacetime service as defined by the respective acts. The Statement of Principles outlines the conditions under which dermatomyositis or death from dermatomyositis can be related to the service rendered by the individual. The determination by the Repatriation Medical Authority is made in reference to the sound medical-scientific evidence available and sets out the circumstances under which it is more probable than not that the condition is connected with the service. This legislative instrument operates within the jurisdiction of the Commonwealth of Australia and is applicable to claims for compensation that commenced on 1 July 2004 under the Military Rehabilitation and Compensation Act 2004. The instrument extends the Authority's application of the Acts to include new evidence and conditions, subject to any exclusions or exemptions specified within the acts themselves.
Key Provisions
The Repatriation Medical Authority has determined, under section 196B(3) of the Veterans’ Entitlements Act 1986 (VEA), a Statement of Principles concerning dermatomyositis, as Instrument No. 16 of 2005. The Authority believes that dermatomyositis and death from dermatomyositis can be related to specific types of service. This Statement of Principles outlines the factors that must exist and be related to eligible war service, defence service, and peacetime service before it can be said that, on the balance of probabilities, dermatomyositis or death from dermatomyositis is connected with the circumstances of that service.
The Statement of Principles is a crucial document that governs the claims process for service-related dermatomyositis under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). For claims that commenced on or after 1 July 2004, the Military Rehabilitation and Compensation Commission determines acceptance of liability for a service injury, disease, or death by reference to these Statements of Principles issued by the Authority. The Authority has examined the available sound medical-scientific evidence to make this determination, ensuring that the principles are based on the best possible information.
The Authority is required to advertise its intention to investigate the connection between dermatomyositis and service in the Government Notices Gazette and invite submissions from relevant organisations, persons, and experts. In this case, the Authority extended the submission deadline for the investigation into dermatomyositis and received no submissions. The Authority’s determination finalises the investigation into dermatomyositis as advertised in the Government Notices Gazette of 16 July 2003.
There are no specific offences, penalties, or consequences mentioned in the explanatory notes for breaching the provisions of this legislation. However, the incorrect application or misinterpretation of the Statement of Principles could lead to disputes in the claims process, potentially resulting in legal challenges or appeals. The Authority and the Military Rehabilitation and Compensation Commission have the responsibility to ensure that the principles are applied correctly in determining claims related to service-connected dermatomyositis.