REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 41 of 2006
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. 37 of 1994 of 22 September 1994, as amended by Instrument No. 195 of 1995 of 25 May 1995, determined under subsection 196B(2) of the VEA concerning external burns and death from external burns.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that external burn and death from external burn can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles, Instrument No. 41 of 2006 concerning external burn. This Instrument will in effect replace the revoked Statements of Principles for external burns.
3. The provisions of the Military Rehabilitation and Compensation Act 2004 (‘the MRCA’) relating to claims for compensation commenced on 1 July 2004. Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by 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 external burn or death from external burn, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 25 February 2004 concerning external burns in accordance with section 196G of the Act. 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 contents of the new Instrument are in similar terms as the revoked Instruments. Comparing the new and the revoked Instruments, the differences include:
- adopting the latest revised Instrument format, which commenced in 2005;
- deleting the ICD code from the Instrument header;
- revising the definition for ‘external burn’ in clause 3;
- rewording factor 6(a) relating to ‘application of heat’;
- rewording factor 6(b) relating to ‘application of extreme cold’;
- rewording factor 6(c) relating to ‘application of chemicals’;
- rewording factor 6(d) relating to ‘ionising radiation’;
- rewording factor 6(e) relating to ‘application of friction’;
- new factor 6(f) relating to ‘application of electric shock or lightning’;
- new factor 6(g) relating to ‘application of radiofrequency or microwave radiation’;
- new factor 6(h) relating to ‘application of infared radiation’;
- new factor 6(i) relating to ‘application of non-ionising radiation’;
- new factor 6(j) relating to ‘application of ultraviolet radiation’;
- new factor 6(k) relating to ‘application of ultrasound’;
- including new definitions for ‘cumulative equivalent dose’; ‘death from external burn’; ‘ICD10-AM code’; ‘relevant service’; and ‘terminal event’ in clause 9;
- deleting definition for ‘ICD code’ and
- specifying a date of effect for the Instrument in clause 11.
7. Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.
8. Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to external burns in the Government Notices Gazettes of 25 February 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. One submission was received for consideration by the Authority.
9. 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.
10. The determining of this new instrument finalises the investigation in relation to external burns as advertised in the Government Notices Gazettes of 25 February 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 (RMA) has enacted Statement of Principles No. 41 of 2006 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument revokes the previous Statement of Principles No. 37 of 1994 concerning external burns, incorporating updated medical-scientific evidence to address the relationship between external burns, death from external burns, and specific types of military service. The new Statement of Principles sets out the factors that must exist to establish a reasonable hypothesis connecting external burns or death from external burns with particular kinds of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The determination follows an investigation into external burns, with submissions invited from relevant parties, and aims to provide a comprehensive framework for assessing claims related to external burns in veterans and service personnel.
Scope and Application
The Repatriation Medical Authority (the Authority) has issued Instrument No. 41 of 2006 under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (VEA) to replace the previously revoked Statements of Principles concerning external burns. This instrument applies to veterans and service personnel who have sustained external burns or died from external burns as a result of their service, and it provides the minimum medical-scientific factors that must exist to establish a connection between the burns and their service. The instrument applies to various types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service, and it outlines the specific circumstances in which a reasonable hypothesis can be raised that the burns or death from burns are related to the service. The instrument also applies to claims for compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA) for injuries sustained, diseases contracted, or deaths occurring on or after 1 July 2004, which are determined by the Military Rehabilitation and Compensation Commission by reference to the Authority’s Statements of Principles. The Authority conducted an investigation into external burns, advertised its intention to undertake the investigation, and invited submissions from relevant parties, including the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field. The Authority extended the closing date for submissions in relation to the investigation until 10 September 2004 and invited further submissions from the Military Rehabilitation and Compensation Commission and any person having expertise in the field. The instrument finalises the investigation in relation to external burns as advertised in the Government Notices Gazettes of 25 February 2004.
Key Provisions
The Repatriation Medical Authority (RMA) has issued a new Statement of Principles, Instrument No. 41 of 2006, which replaces the previous Instrument No. 37 of 1994 concerning external burns and death from external burns (section 2). This new instrument has been determined under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (VEA), reflecting the latest sound medical-scientific evidence and the commencement of the Military Rehabilitation and Compensation Act 2004 (MRCA). The new instrument outlines the specific factors that must exist, and which of those factors must be related to certain types of service, before a reasonable hypothesis can be raised that external burns or death from external burns are connected to the circumstances of service (section 4). These types of service include operational service, peacekeeping service, hazardous service under the VEA, and warlike and non-warlike service under the MRCA.
The new Statement of Principles imposes obligations on veterans and their representatives to provide evidence that meets the criteria set out in the instrument when making claims for compensation related to external burns. The Authority requires that the evidence submitted demonstrate a connection between the external burns and the particular type of service rendered (section 4). This includes providing medical evidence, service records, and any other relevant documentation that supports the claim. The new instrument also clarifies the definitions and factors related to external burns, such as the various causes of burns including heat, extreme cold, chemicals, and radiation (section 6).
For breaches of the obligations and requirements set out in the new Statement of Principles, there are no specific offences or penalties mentioned in the explanatory notes. However, any failure to provide the necessary evidence or meet the criteria for a claim could result in the claim being denied or not accepted by the Military Rehabilitation and Compensation Commission (MRCC) (section 3). The MRCC determines claims for compensation under section 319 of the MRCA by reference to the Statements of Principles issued by the RMA. Denial of a claim may lead to the claimant needing to seek legal advice and potentially pursue further action, although this is not specified in the explanatory notes.
The new Statement of Principles, Instrument No. 41 of 2006, is effective from the date specified in clause 11 and provides a framework for assessing claims related to external burns in the context of military service. The RMA’s determination of this instrument concludes the investigation into external burns, as advertised in the Government Notices Gazette of 25 February 2004. The Authority has undertaken an extensive process of consultation and review, inviting submissions from relevant organisations and experts in the field to inform the final determination of the instrument (sections 8-10).