REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 58 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 58 of 2010 concerning Dupuytren's disease and death from Dupuytren's disease.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) 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 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, Dupuytren's disease or death from Dupuytren's disease is connected 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 120B(3) of the VEA or subsection 339(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 Repatriation Medical Authority Instrument No. 58 of 2010 was enacted to address the issue of Dupuytren's disease, a condition which may be connected to service rendered by veterans. This Instrument was developed under the authority conferred by the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, with the objective of providing clarity and guidance on the circumstances under which this condition may be considered connected to particular kinds of service. The Instrument establishes the Statement of Principles that must be met for a claim for pension or compensation to be accepted, ensuring that claims are assessed based on sound medical-scientific evidence. The policy objective of this Instrument is to provide a definitive framework for the assessment of claims related to Dupuytren's disease, thereby ensuring that affected veterans and their families receive appropriate support and recognition for their service.
Scope and Application
The Repatriation Medical Authority Instrument No. 58 of 2010, concerning Dupuytren's disease and death from Dupuytren's disease, applies to eligible war service, defence service, and peacetime service under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This Statement of Principles delineates the medical and service-related factors that must be present to substantiate a connection between Dupuytren's disease, or death from Dupuytren's disease, and the individual's service. Claims for pension or compensation under these Acts for Dupuytren's disease or death from Dupuytren's disease, lodged after 1 June 1994 for the Veterans’ Entitlements Act and after 1 July 2004 for the Military Rehabilitation and Compensation Act, must align with this Statement of Principles to be considered by the relevant Commission or Tribunal. The Authority's determination, based on sound medical-scientific evidence, establishes a framework for assessing the eligibility of these claims, ensuring that only those meeting the outlined criteria are eligible for benefits.
Key Provisions
The main operative sections of this legislation concern the determination of Statement of Principles Instrument No. 58 of 2010 regarding Dupuytren's disease (sections 2 and 4). This Statement of Principles outlines the conditions under which Dupuytren's disease or death from Dupuytren's disease can be considered connected to specific types of military service, including eligible war service, defence service, and peacetime service. The Authority's determination under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA) establishes that it is more probable than not that Dupuytren's disease and death from the disease can be related to certain kinds of service. This sets a legal precedent for evaluating claims related to this condition.
The Act imposes obligations on various parties, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, the Veterans’ Review Board, and the Administrative Appeals Tribunal. These entities must adhere to the Statement of Principles when assessing claims for pension or compensation related to Dupuytren's disease. Specifically, claims for pension under the VEA or compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA) that are lodged after the specified dates (1 June 1994 for the VEA and 1 July 2004 for the MRCA) must be upheld by this Statement of Principles. Failure to align with the Statement of Principles can result in the rejection of claims.
The legislation also includes provisions for potential breaches and associated penalties, although specific penalties are not detailed in the explanatory notes. Generally, non-compliance with the requirements of the VEA or MRCA, such as ignoring the Statement of Principles when evaluating claims, could result in legal consequences. These may include civil penalties for improper decision-making or administrative actions, and in severe cases, criminal penalties if the non-compliance is deemed to be willful or fraudulent. The precise nature and extent of these penalties would be governed by the respective Acts and any related case law or regulations.