REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 47 of 2006
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 concerning dysbaric osteonecrosis No. 47 of 2006.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that dysbaric osteonecrosis and death from dysbaric osteonecrosis can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning dysbaric osteonecrosis.
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 dysbaric osteonecrosis or death from dysbaric osteonecrosis, 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 dysbaric osteonecrosis or death from dysbaric osteonecrosis that was lodged on or after 1 June 1994 in the case of VEA, or 1 July 2004 in the case of MCRA respectively, unless this Statement of Principles upholds that claim (subsection 120A(3) VEA or subsection 338(3) MRCA).
6. This new instrument results from the investigation concerning Caisson disease, notified by the Authority in the Government Notices Gazettes of 31 March 2004, 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 Caisson disease in the Government Notices Gazette of 31 March 2004, 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.
8. 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.
9. One submission was received for consideration by the Authority during the investigation.
10. The determining of this new instrument finalises the investigation in relation to Caisson disease which was advertised in the Government Notices Gazettes of 31 March 2004.
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. 47 of 2006 was enacted under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislation was introduced to formally address the relationship between dysbaric osteonecrosis and specific types of military service, ensuring that the claims process for pensions and compensation is underpinned by sound medical-scientific evidence. The Authority determined this Statement of Principles to outline the necessary factors that must exist, linking dysbaric osteonecrosis or death from dysbaric osteonecrosis to service circumstances, such as operational, peacekeeping, hazardous, warlike, and non-warlike service. Claims for pension or compensation regarding dysbaric osteonecrosis must align with these principles to be considered valid. The policy objective is to ensure that only substantiated claims are accepted, thus maintaining the integrity and fairness of the compensation process for veterans.
Scope and Application
The Statement of Principles No. 47 of 2006 issued by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 establishes the medical criteria for determining claims of dysbaric osteonecrosis, or Caisson disease, related to certain types of service rendered by a person. The Authority concluded that there is sufficient medical-scientific evidence to link dysbaric osteonecrosis and death from the condition to specific services, including operational, peacekeeping, hazardous, warlike, and non-warlike services. Claims for pension under the Veterans’ Entitlements Act or compensation under the Military Rehabilitation and Compensation Act must be assessed in accordance with these principles, and any claim lodged after 1 June 1994 or 1 July 2004, respectively, that does not meet these criteria cannot be accepted by the relevant Commission or Tribunal. The Authority conducted an investigation into Caisson disease, inviting submissions from relevant organisations and experts, and this Statement of Principles finalises that investigation. References supporting the determination can be obtained from the Repatriation Medical Authority Secretariat.
Key Provisions
The Repatriation Medical Authority, under the authority of the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), has issued Statement of Principles No. 47 of 2006 concerning dysbaric osteonecrosis. This document outlines the specific circumstances and service conditions under which dysbaric osteonecosis or death from the condition can be linked to service rendered by a person. According to section 4 of the explanatory notes, claims for pension or compensation related to dysbaric osteonecrosis must be evaluated in light of these principles. These principles establish the minimum factors necessary to establish a reasonable hypothesis connecting the condition with certain types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service.
The obligations imposed by this Statement of Principles are stringent. As per sections 5 and 120A(3) of the VEA and sections 338(3) of the MRCA, claims for pension or compensation regarding dysbaric osteonecrosis must adhere to the criteria set out in this document. Specifically, any claim lodged after 1 June 1994 under the VEA or after 1 July 2004 under the MRCA must be supported by the principles outlined in this statement to be considered valid by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal. This requirement ensures that all claims are evaluated consistently and based on established medical-scientific evidence.
Failure to comply with the requirements of this Statement of Principles can lead to significant legal consequences. Under the VEA and MRCA, any claim that does not meet the criteria set out in the Statement of Principles is likely to be dismissed. This includes claims that do not sufficiently link dysbaric osteonecrosis to the service conditions specified. The penalties for submitting unsupported claims are not explicitly stated in the explanatory notes, but it is implied that non-compliant claims will not be accepted, potentially leading to the denial of pension or compensation benefits. The consequences for veterans and their families could be severe, as unsupported claims may result in the loss of entitled benefits.