REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 52 of 2005
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. 16 of 2005 of 2 April 2005, determined under subsection 196B(3) of the VEA concerning dermatomyositis.
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, pursuant to subsection 196B(3) of the VEA, Statement of Principles concerning dermatomyositis No. 52 of 2005. This Instrument will replace the revoked Statement of Principles.
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) 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 the investigation concerning dermatomyositis, notified by the Authority in the Government Notices Gazette of 2 November 2005, in accordance with section 196G of the VEA. 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 title and format of this new Instrument have been varied, including a new titling clause 1, headnote to clause 2 and the renumbering of subsequent clauses. These changes have been introduced in order to assist users in locating the appropriate Instrument when searching the Federal Register of Legislative Instruments.
7. The contents of the new Instrument are in similar terms as the revoked Instruments. Comparing the new and the revoked Instruments, the significant difference is a new factor 6(a) relating to having a malignant neoplasm.
8. Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to dermatomyositis in the Government Notices Gazette of 2 November 2005, 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, the Military Rehabilitation and Compensation Commission, organisations and persons referred to in section 196E of the VEA (who include persons eligible to make a claim under the MRCA), and any person having expertise in the field.
9. No submissions were received for consideration by the Authority during the investigation.
10. The determining of this new instrument finalises the investigation in relation to dermatomyositis which was advertised in the Government Notices Gazette of 2 November 2005.
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. 52 of 2005, enacted under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of establishing a connection between dermatomyositis, a chronic inflammatory disease, and military service. This instrument was developed to provide clarity and guidelines for the assessment of claims related to dermatomyositis by the Repatriation Commission or the Military Rehabilitation and Compensation Commission. The objective of this legislation is to ensure that claims for pensions under the Veterans' Entitlements Act or compensation under the Military Rehabilitation and Compensation Act are determined based on the sound medical-scientific evidence available, focusing on the likelihood of dermatomyositis being related to specific kinds of military service. The Authority conducted an investigation and reviewed relevant evidence before determining this new instrument, which replaces the previously revoked Statement of Principles concerning dermatomyositis.
Scope and Application
The Repatriation Medical Authority Statement of Principles No. 52 of 2005 under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 applies to persons who may have developed dermatomyositis or died from the condition as a result of their service. The Statement of Principles outlines the specific service-related factors that must be present for dermatomyositis or death from the condition to be considered connected with the service, which includes eligible war service, defence service, and peacetime service. This instrument replaces the previously revoked Statement of Principles No. 16 of 2005. The new instrument is applicable nationally and is used by the Repatriation Commission or the Military Rehabilitation and Compensation Commission when determining claims for pension or compensation. The Authority has determined this instrument based on the sound medical-scientific evidence available, and the process included an investigation and public notice for submissions, although no submissions were received. The new instrument introduces a new factor relating to the presence of a malignant neoplasm, which distinguishes it from the previous version.
Key Provisions
The main sections of this legislative instrument concern the Repatriation Medical Authority's revocation of a previous Statement of Principles regarding dermatomyositis (s. 2) and the establishment of a new Statement of Principles No. 52 of 2005 concerning dermatomyositis (s. 4). The Authority's determination under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA) is based on the medical-scientific evidence suggesting that dermatomyositis and death from dermatomyositis can be related to certain types of service. The new Statement of Principles outlines the conditions and circumstances that must exist for dermatomyositis or death from dermatomyositis to be connected to eligible war service, defence service, or peacetime service, as stipulated in the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).
The obligations imposed by this legislation primarily concern the Repatriation Medical Authority, which is tasked with determining Statements of Principles under the VEA and MRCA. The Authority is responsible for ensuring that claims for pensions under the VEA or compensation under the MRCA are assessed based on these Statements of Principles. The Authority also has the obligation to conduct investigations and consider medical-scientific evidence, as seen in the investigation concerning dermatomyositis (s. 5, s. 8). Furthermore, the Authority must advertise its intention to investigate and invite submissions from relevant parties, although in this case, no submissions were received (s. 8, s. 9).
The legislation does not explicitly outline offences or penalties for breaches; however, non-compliance with the requirements to adhere to the Statements of Principles when determining claims could lead to legal challenges or disputes regarding the validity of pension or compensation claims. The Authority’s determinations are crucial in establishing the criteria for connecting dermatomyositis or death from dermatomyositis to service, and any failure to accurately reflect the medical-scientific evidence could result in claims being unfairly assessed or denied.
In summary, the new Statement of Principles No. 52 of 2005 replaces the previously revoked Instrument No. 16 of 2005 and provides a framework for assessing claims related to dermatomyositis in veterans and service personnel. The Authority’s role in determining these Statements of Principles and the subsequent obligations on the Repatriation Commission and the Military Rehabilitation and Compensation Commission to use these Statements in their assessments are central to the administration of veterans’ entitlements and compensation.