REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 49 of 2005
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (‘the Authority’), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (‘the VEA’) revokes Instrument No. 3 of 2005 of 24 February 2005, determined under subsection 196B(2) of the VEA concerning epilepsy.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that epilepsy and death from epilepsy can be related to particular kinds of service. The Authority has therefore determined, pursuant to subsection 196B(2) of the VEA, Statement of Principles concerning epilepsy No. 49 of 2005. This Instrument will replace the revoked Statements of Principles.
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 epilepsy or death from epilepsy, with the circumstances of that service.
5. This new instrument results from the investigation concerning epilepsy, notified in the Government Notices Gazette of 2 November 2005 by the Authority, in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence available to the Authority, including the sound medical-scientific evidence it has previously considered.
6. The title and format of this new Instrument have been varied, including a new titling clause 1, headnote to clause 2 and the renumbering of subsequent clauses. These changes have been introduced in order to assist users in locating the appropriate Instrument when searching the Federal Register of Legislative Instruments.
7. The contents of the new Instrument are in similar terms as the revoked Instruments. Comparing the new and the revoked Instruments, the differences include:
- new factors 6(b) and (n) relating to mild head injury;
- revising the definition of ‘cerebral trauma’ in clause 9; and
- including a new definition of ‘a mild head injury’ in clause 9.
8. Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to epilepsy in the Government Notices Gazette of 2 November 2005, 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, the Military Rehabilitation and Compensation Commission, organisations and persons referred to in section 196E of the VEA (who include persons eligible to make a claim under the MRCA), and any person having expertise in the field.
9. No submissions were received for consideration by the Authority during the investigation.
10. The determining of this new instrument finalises the investigation in relation to epilepsy which was advertised in the Government Notices Gazette of 2 November 2005.
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. 49 of 2005, enacted under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the connection between epilepsy and military service, aiming to clarify the circumstances under which a veteran's epilepsy or death from epilepsy may be considered related to their service. The Repatriation Medical Authority, exercising its powers under the VEA, revoked the previous Statement of Principles concerning epilepsy and introduced this new instrument, based on sound medical-scientific evidence. This Statement of Principles sets out the minimum factors necessary to establish a reasonable hypothesis linking epilepsy or death from epilepsy to specific types of military service, such as operational, peacekeeping, hazardous, warlike, or non-warlike service. The Authority's decision follows an investigation announced in the Government Notices Gazette of 2 November 2005 and involves an examination of available medical-scientific evidence, with modifications to the format and content to enhance clarity and accessibility for users.
Scope and Application
The Repatriation Medical Authority (the Authority) under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA) has issued Statement of Principles No. 49 of 2005 concerning epilepsy, replacing the previous Instrument No. 3 of 2005. This Statement of Principles applies to individuals seeking compensation or pension under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA) due to epilepsy or death from epilepsy, which must be related to specific kinds of service such as operational, peacekeeping, hazardous, warlike, or non-warlike service. The instrument applies nationally, as it is determined under Commonwealth legislation. The Authority's decision to revise the previous instrument was based on sound medical-scientific evidence indicating a connection between certain types of service and epilepsy, and it does not specify any exclusions or thresholds beyond the outlined service categories. The Authority may extend or restrict the application of these principles through subordinate instruments, as allowed under the VEA and MRCA.
Key Provisions
The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA), has revoked Instrument No. 3 of 2005 concerning epilepsy, and has issued a new Statement of Principles No. 49 of 2005 (Section 2). This new instrument provides a framework for determining the connection between epilepsy or death from epilepsy and specific types of service, including operational, peacekeeping, and hazardous service under the VEA, and warlike and non-warlike service under the Military Rehabilitation and Compensation Act 2004 (MRCA) (Section 4). The Authority bases its determination on sound medical-scientific evidence, reflecting the outcomes of an investigation into epilepsy, which was notified in the Government Notices Gazette of 2 November 2005 in accordance with section 196G of the VEA (Section 5). This investigation led to the revision of certain definitions and the inclusion of new factors, such as mild head injury, to assist in assessing claims for pension or compensation (Section 7).
Entities governed by the VEA and the MRCA must adhere to the new Statement of Principles when assessing claims for pension or compensation related to epilepsy (Section 3). These claims, whether under the VEA or the MRCA, must be evaluated by the Repatriation Commission or the Military Rehabilitation and Compensation Commission, respectively, using the factors outlined in the Statement of Principles (Section 3). The process of determining these claims involves ensuring that the minimum factors specified in the Statement are related to the types of service rendered by the claimant. This includes verifying the presence of operational, peacekeeping, hazardous, warlike, or non-warlike service and establishing a reasonable hypothesis connecting the service to the onset of epilepsy or death from epilepsy (Section 4).
There are no explicit provisions within the explanatory notes regarding offences, penalties, or consequences for breach of the legislation. However, non-compliance with the requirements of the VEA and the MRCA, as outlined in the Statement of Principles, could potentially lead to disputes or legal challenges regarding the validity of claims for pension or compensation. Such disputes might be resolved through the administrative review processes or the courts, although specific penalties are not mentioned in the explanatory notes (Sections 3 and 4).
The Authority conducted its investigation transparently by advertising its intention to investigate epilepsy in the Government Notices Gazette of 2 November 2005 and inviting submissions from relevant stakeholders, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and organisations representing veterans and service personnel (Section 8). Although no submissions were received during the investigation, the Authority still considered the available evidence to determine the new Statement of Principles (Section 9). The finalisation of the investigation is marked by the issuance of this new instrument, which provides clarity and guidance for future claims related to epilepsy (Section 10).