REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 57 of 2010
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), Statement of Principles Instrument No. 57 of 2010 concerning Dupuytren's disease and death from Dupuytren's disease.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that Dupuytren's disease and death from Dupuytren's disease can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning Dupuytren's disease pursuant to subsection 196B(2) of the VEA.
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 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 Dupuytren's disease or death from Dupuytren's disease, 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 Dupuytren's disease or death from Dupuytren's disease that was lodged on or after 1 June 1994 in the case of the VEA, or 1 July 2004 in the case of the MRCA respectively, unless this Statement of Principles upholds that claim (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA).
6. This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 26 August 2009 concerning Dupuytren's contracture in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence available to the Authority.
7. Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to Dupuytren's contracture in the Government Notices Gazette of 26 August 2009, 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 during the investigation.
8. The determining of this new Instrument finalises the investigation in relation to Dupuytren's contracture as advertised in the Government Notices Gazette of 26 August 2009.
9. 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 Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 were enacted by the Parliament of Australia to provide entitlements and compensation for veterans and their families. These Acts sought to address gaps in recognising and compensating veterans for service-related injuries and illnesses. The Repatriation Medical Authority, under subsection 196B(2) of the Veterans’ Entitlements Act, has determined Statement of Principles Instrument No. 57 of 2010 concerning Dupuytren's disease and death from Dupuytren's disease, recognising that there is sound medical-scientific evidence linking this condition to particular kinds of service. This new Instrument sets out the minimum factors that must exist, and which of those factors must be related to specific types of service, for a reasonable hypothesis to be raised connecting Dupuytren's disease or death from Dupuytren's disease with the circumstances of that service. This determination ensures that claims for pension or compensation for Dupuytren's disease or death from Dupuytren's disease lodged on or after the specified dates under either Act can only be accepted if upheld by this Statement of Principles.
Scope and Application
The Repatriation Medical Authority Instrument No. 57 of 2010, concerning Dupuytren's disease and death from Dupuytren's disease, applies to individuals who have served in various capacities, including operational, peacekeeping, hazardous, warlike, and non-warlike service, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The legislation is designed to ensure that claims for pension or compensation related to Dupuytren's disease or death from Dupuytren's disease must be assessed in accordance with the factors outlined in the Instrument, which necessitate a connection between the disease and the specific circumstances of service. This determination impacts those who have lodged claims on or after 1 June 1994 for the VEA and 1 July 2004 for the MRCA, stipulating that these claims cannot be accepted unless supported by the Statement of Principles. The Instrument is a result of an investigation into the medical-scientific evidence regarding Dupuytren's contracture, involving consultations with relevant stakeholders and experts in the field.
Key Provisions
The Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) are governed by a series of statutory provisions that aim to ensure fair and consistent assessment of claims related to service-connected conditions. Under subsection 196B(2) of the VEA, the Repatriation Medical Authority has issued Statement of Principles Instrument No. 57 of 2010, which addresses Dupuytren's disease and death from Dupuytren's disease. This instrument outlines the minimum factors that must exist to establish a reasonable hypothesis linking the disease or its resultant death to particular kinds of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service.
The obligations imposed by this legislation require the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal to adhere strictly to the conditions set forth in the Statement of Principles when evaluating claims. Specifically, any claim for pension under the VEA or compensation under the MRCA, lodged on or after 1 June 1994 for the VEA or 1 July 2004 for the MRCA concerning Dupuytren's disease or death from Dupuytren's disease, must be assessed in reference to this Statement of Principles. This ensures that all claims are evaluated consistently and only those that meet the specified criteria will be upheld.
Failure to comply with the provisions of the VEA and MRCA, particularly in relation to the Statement of Principles, can result in significant consequences. Claims that do not align with the criteria established in the Statement of Principles will not be accepted by the relevant authorities. Additionally, any actions that are deemed to be in breach of the statutory requirements could lead to civil or criminal penalties, depending on the severity and intent behind the non-compliance. The specific penalties for such breaches, however, are not outlined in the explanatory statement but would typically be detailed in the respective acts themselves.