Statement of Principles concerning dislocation No. 25 of 2010

Administered by Department of Veterans' Affairs

Legislation au F2010L01041 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 25 of 2010

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA), revokes Instrument No. 291 of 1995 determined under subsection 196B(3) of the VEA concerning dislocation.

 

2.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that dislocation and death from dislocation 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. 25 of 2010 concerning dislocation.  This Instrument will in effect replace the revoked Statement of Principles.

 

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, dislocation or death from dislocation 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 2 May 2007 concerning dislocation 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 contents of the new Instrument are in similar terms as the revoked Instrument.  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;
  • revising the definition of 'dislocation' in clause 3;
  • revising factor 6(a) concerning 'physical trauma';
  • revising factor 6(b) concerning 'a disease process affecting the normal structural or functional relationship between the articulating surfaces of the affected joint';
  • new factor 6(c) concerning 'damage to a soft tissue structure as specified';
  • new factor 6(d) concerning 'laxity of the joint capsule or a stabilising ligament';
  • new factor 6(e) concerning 'fracture, avulsion or bony defect';
  • new factor 6(f) concerning 'biomechanical abnormality';
  • new factor 6(g)(i) concerning 'an inflammatory or infectious condition involving the ear, nose or throat';
  • new factor 6(g)(ii) concerning 'a surgical procedure involving the head or neck';
  • new factor 6(h)(i) concerning 'tracheal intubation';
  • new factor 6(h)(ii) concerning 'intravenous sedation';
  • new factor 6(h)(iii) concerning 'an activity that involves wide opening of the mouth';
  • deleting worsening factor concerning 'physical trauma';
  • deleting worsening factor concerning 'a disease process affecting the normal structural or functional relationship between the articulating surfaces of the affected joint';
  • new definitions of 'a biomechanical abnormality involving the affected joint', 'a soft tissue structure as specified', 'an activity that involves wide opening of the mouth', 'death from dislocation', 'ICD-10-AM code', 'neuropathic arthropathy', 'relevant service' and 'terminal event' in clause 9;
  • revising definitions of 'a disease process affecting the normal structural or functional relationship between the articulating surfaces of the affected joint' and 'physical trauma to the affected joint' in clause 9;
  • deleting definition of 'ICD code'; 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 dislocation in the Government Notices Gazette of 2 May 2007, 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.  No submissions were received for consideration by the Authority during the investigation.

 

9.             On 16 February 2010, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed Instrument and the medical-scientific material considered by the Authority. This letter emphasised the deletion of factors relating to 'suffering physical trauma' and 'suffering a disease process'. The Authority provided an opportunity to the organisations to make representations in relation to the proposed instrument prior to its determination. No submissions were received for consideration by the Authority.

 

10.         The determining of this new instrument finalises the investigation in relation to dislocation as advertised in the Government Notices Gazette of 2 May 2007.

 

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 Repatriation Medical Authority Instrument No. 25 of 2010 is an amendment to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. Enacted in 2010, this instrument addresses the gap in the recognition and compensation of dislocation and death from dislocation as service-related injuries. The Repatriation Medical Authority, under subsection 196B(8) of the Veterans’ Entitlements Act 1986, has determined a new Statement of Principles concerning dislocation, replacing the previously revoked Instrument No. 291 of 1995. This new instrument provides updated criteria and factors that must exist for a connection to be made between dislocation or death from dislocation and specific kinds of service, including eligible war service, defence service, and peacetime service. The Authority's determination follows an investigation into the medical-scientific evidence available, which concluded that dislocation and death from dislocation are more likely than not to be related to particular kinds of service. This instrument aims to ensure that claims for compensation concerning these conditions are assessed accurately and fairly under the relevant Acts.

Scope and Application

The Repatriation Medical Authority Instrument No. 25 of 2010, issued under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), pertains to the establishment of a new Statement of Principles concerning dislocation. This instrument applies to individuals and entities involved in claims for compensation related to dislocation or death from dislocation arising from specific types of service, including eligible war service, defence service, and peacetime service. It operates on a national level, as it is a Commonwealth instrument, and its provisions are applicable across Australia. The new instrument replaces the previously revoked Statement of Principles concerning dislocation, and it outlines the medical-scientific evidence and factors necessary to establish a connection between dislocation or death from dislocation and the service circumstances. The Authority's determination is based on a comprehensive review of available evidence and follows an investigation initiated in 2007, with no submissions received during the process. This instrument is effective as of its specified date and will be used by the Military Rehabilitation and Compensation Commission for determining claims under the MRCA, while still adhering to the principles set out in the VEA.

Key Provisions

The Repatriation Medical Authority has revoked Instrument No. 291 of 1995 concerning dislocation and has introduced a new Instrument No. 25 of 2010 (section 2). This new instrument sets out the principles determining whether dislocation or death from dislocation is connected to certain types of service under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Authority's determination is based on the latest medical-scientific evidence available. The new instrument outlines the factors that must exist, and which must be related to specific types of service, for there to be a connection between dislocation or death from dislocation and service circumstances (section 4). The Statement of Principles, as determined by the Authority, imposes specific obligations on claimants and service providers. Claimants must provide evidence that aligns with the factors outlined in the Instrument for their dislocation or death from dislocation to be considered service-connected. The MRCA requires that claims for compensation, particularly those related to service injuries, diseases, or deaths occurring after 1 July 2004, are evaluated against these new principles (section 3). Service providers must also ensure that any medical evidence provided is consistent with the definitions and criteria established by the Authority. Failure to comply with the provisions of the Statement of Principles could result in complications for claimants seeking compensation. Although the document does not specify penalties or consequences for non-compliance, it is implicit that adherence to these principles is necessary for the validity of any compensation claim. Given the legal context, non-compliance or misrepresentation of evidence could potentially lead to denial of claims, with the associated civil or administrative consequences. The Authority conducted a thorough investigation and invited submissions from relevant stakeholders, though no submissions were received (sections 8 and 9). This investigation culminated in the final determination of the new Instrument on 16 February 2010, effectively closing the investigation process as advertised on 2 May 2007 (section 10). The Authority’s determination ensures that the latest medical-scientific evidence informs the principles governing claims related to dislocation and death from dislocation.

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