REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 50 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. 4 of 2005 of 24 February 2005, determined under subsection 196B(3) of the VEA concerning epilepsy.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that epilepsy and death from epilepsy can be related to particular kinds of service. The Authority has therefore determined, pursuant to subsection 196B(3) of the VEA, Statement of Principles concerning epilepsy No. 50 of 2005. This Instrument will replace the revoked Statement 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 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, epilepsy or death from epilepsy is connected with the circumstances of that service.
5. This new instrument results from the investigation concerning epilepsy, notified by the Authority in the Government Notices Gazette of 2 November 2005, in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence now 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 significant 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. 50 of 2005, enacted under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the medical-scientific evidence linking epilepsy to certain military services. This legislative instrument aims to provide clear guidelines for determining the connection between epilepsy or death from epilepsy and service rendered by individuals, specifically in relation to eligible war service, defence service, and peacetime service. The Repatriation Medical Authority, established by the VEA, has determined these principles to assist in adjudicating claims for pensions under the VEA or compensation under the MRCA by the Repatriation Commission or the Military Rehabilitation and Compensation Commission. This new instrument replaces the previously revoked Statement of Principles concerning epilepsy, incorporating updated factors and definitions to reflect the latest medical-scientific evidence.
Scope and Application
The Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) establish the framework for determining claims for pension and compensation for veterans and service personnel. The Repatriation Medical Authority (the Authority) under the VEA has issued Statement of Principles No. 50 of 2005 concerning epilepsy, which replaces a previously revoked instrument. These principles guide the Repatriation Commission and the Military Rehabilitation and Compensation Commission in assessing claims for pension or compensation related to epilepsy, ensuring that the claims are evaluated against the specified medical and service-related criteria. The Statement of Principles applies to veterans, service personnel, and their dependants, and it sets out the necessary factors that must exist and be related to specific kinds of service to establish a connection between epilepsy and the circumstances of that service. The Authority's determinations are based on sound medical-scientific evidence and are intended to assist in the proper adjudication of claims.
Key Provisions
The Repatriation Medical Authority, pursuant to the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), has issued Statement of Principles No. 50 of 2005, concerning epilepsy (sections 2 and 3). This Statement of Principles replaces a previous instrument (section 2) and outlines the factors that must exist, and must be related to specific kinds of service, for a claim of epilepsy or death from epilepsy to be connected to the circumstances of service (section 4). The factors include eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service (section 4). The Statement of Principles was determined after an investigation and is based on the sound medical-scientific evidence available to the Authority (sections 5 and 6). The changes in this new instrument include new factors relating to mild head injury, a revised definition of ‘cerebral trauma,’ and a new definition of ‘a mild head injury’ (section 7).
The obligations imposed by this Statement of Principles require claims for pension under the VEA or compensation under the MRCA to be determined by the Repatriation Commission or the Military Rehabilitation and Compensation Commission by reference to these Statements of Principles (section 3). The Authority must advertise its intention to undertake an investigation in the Government Notices Gazette and circulate a copy of the notice to relevant organisations and individuals (section 8). The Authority must also invite submissions from the Repatriation Commission, the Military Rehabilitation and Compensation Commission, organisations and persons eligible to make a claim under the MRCA, and any person with expertise in the field (section 8). The Authority is not obligated to consider any submissions received during the investigation (section 9).
There are no specific offences, penalties, or consequences mentioned for breach of the provisions in this Statement of Principles. However, the determination of this new instrument finalises the investigation in relation to epilepsy which was advertised in the Government Notices Gazette of 2 November 2005 (section 10). A list of references relating to the above condition is available upon written request from the Repatriation Medical Authority Secretariat (section 11).