REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 48 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles concerning dysbaric osteonecrosis No. 48 of 2006.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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 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, dysbaric osteonecrosis or death from dysbaric osteonecrosis 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 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 120B(3) VEA or subsection 339(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 now 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. 48 of 2006 was introduced to address the link between dysbaric osteonecrosis and certain types of service, particularly as it pertains to claims for pension under the Veterans’ Entitlements Act 1986 (VEA) or compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA). The Authority established this Statement of Principles after examining available medical-scientific evidence, concluding that it is more probable than not that dysbaric osteonecosis and death from dysbaric osteonecrosis can be related to particular kinds of service. The Statement sets out the necessary factors and service conditions that must exist for such claims to be upheld, ensuring that any claims lodged after 1 June 1994 for the VEA or 1 July 2004 for the MRCA can only be accepted if they align with these specified principles. This legislative measure was enacted to provide clarity and a consistent framework for assessing and validating claims related to dysbaric osteonecrosis.
Scope and Application
The Repatriation Medical Authority has established Statement of Principles No. 48 of 2006 concerning dysbaric osteonecrosis under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This statement delineates the specific conditions and circumstances under which dysbaric osteonecrosis, or death from this condition, can be considered connected to particular types of service, including eligible war service, defence service, and peacetime service. Claims for pension or compensation related to dysbaric osteonecrosis or death from dysbaric osteonecrosis must adhere to these outlined principles, and any claims lodged on or after 1 June 1994 for the VEA and 1 July 2004 for the MRCA will not be accepted unless they are supported by this statement. The Authority has undertaken a comprehensive investigation, soliciting submissions from relevant entities and experts, to ensure the sound medical-scientific basis for these principles. This legislative framework governs the assessment and adjudication of such claims, ensuring consistency and fairness in the application of veterans' entitlements and military rehabilitation and compensation.
Key Provisions
The Repatriation Medical Authority (the Authority) has issued Statement of Principles No. 48 of 2006 concerning dysbaric osteonecrosis, as required by subsection 196B(3) of the Veterans' Entitlements Act 1986 (VEA). This Statement outlines the factors that must be present to establish a connection between dysbaric osteonecrosis, or death from dysbaric osteonecrosis, and particular kinds of military service (section 4). Specifically, the Statement identifies the types of service that must be considered, including eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service (subsection 196B(3) VEA and Military Rehabilitation and Compensation Act 2004). Claims for pension or compensation related to dysbaric osteonecrosis or death from dysbaric osteonecrosis, lodged after 1 June 1994 under the VEA or 1 July 2004 under the Military Rehabilitation and Compensation Act 2004 (MRCA), must align with this Statement of Principles to be accepted (subsection 120B(3) VEA and subsection 339(3) MRCA).
The Statement of Principles imposes specific obligations on various entities involved in the processing of claims, such as the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and the Administrative Appeals Tribunal. These entities are mandated to uphold the criteria set forth in the Statement of Principles when evaluating claims related to dysbaric osteonecrosis or death from dysbaric osteonecrosis. By doing so, they ensure that claims are assessed in accordance with the medical-scientific evidence and the legislative framework governing veterans' entitlements and military rehabilitation.
The legislation also outlines potential consequences for non-compliance with the provisions of the VEA and MRCA concerning dysbaric osteonecrosis claims. Specifically, subsection 120B(3) VEA and subsection 339(3) MRCA stipulate that claims not supported by the Statement of Principles are not admissible. However, the explanatory notes do not specify penalties for breaches of these provisions. It is implied that claims not aligning with the Statement of Principles would be rejected, which could lead to significant legal and financial repercussions for claimants, including the loss of benefits and entitlements.
The process of determining this Statement of Principles involved extensive consultation and investigation. The Authority advertised its intention to investigate dysbaric osteonecrosis in the Government Notices Gazettes of 31 March 2004, extending the submission period until 10 September 2004. This consultation allowed for input from relevant stakeholders, including the Repatriation Commission, organisations representing veterans, and experts in the field. The Authority received one submission during this period, which was considered in the final determination of the Statement of Principles. This thorough process underscores the Authority's commitment to basing its decisions on sound medical-scientific evidence and ensuring the fair treatment of veterans' claims.