REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 53 of 2005
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 Guillain-Barre syndrome No. 53 of 2005.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that Guillain-Barre syndrome and death from Guillain-Barre syndrome can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning Guillain-Barre syndrome.
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 Guillain-Barre syndrome or death from Guillain-Barre syndrome, 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 Guillain-Barre syndrome or death from Guillain-Barre syndrome 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 peripheral neuropathy notified by the Authority in the Government Notices Gazettes of 20 August 2003 and 14 July 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 peripheral neuropathy in the Government Notices Gazette of 20 August 2003, 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. Two submissions were received and considered by the Authority during the investigation.
10. The determining of this new instrument, together with the revocation and determination of instruments concerning peripheral neuropathy, finalises the investigation in relation to peripheral neuropathy which was advertised in the Government Notices Gazettes of 20 August 2003 and 14 July 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. 53 of 2005 under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 was enacted to address the connection between Guillain-Barre syndrome and military service. This legislation was introduced to provide a clear framework for determining pension and compensation claims related to Guillain-Barre syndrome by establishing specific criteria that link the syndrome to particular types of military service. The Statement of Principles delineates the necessary conditions and the service types that must be related to the onset of Guillain-Barre syndrome for a claim to be considered valid. The enactment body was the Parliament of Australia, with the policy objective being to ensure that claims are assessed based on sound medical-scientific evidence, thereby providing fair and justified benefits to affected veterans.
Scope and Application
The Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 are the primary legislative frameworks governing this Statement of Principles concerning Guillain-Barre syndrome No. 53 of 2005. This instrument applies to veterans and service personnel who may have contracted Guillain-Barre syndrome during the course of their service, specifically in operational, peacekeeping, hazardous, warlike, or non-warlike service. The determination of this Statement of Principles is essential for processing claims for pension or compensation related to Guillain-Barre syndrome under the respective acts. Claims lodged on or after 1 June 1994 for the Veterans’ Entitlements Act and 1 July 2004 for the Military Rehabilitation and Compensation Act must align with the factors outlined in this Statement of Principles to be considered valid by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal. The Repatriation Medical Authority, which issued this instrument, ensures that claims are substantiated by sound medical-scientific evidence linking the syndrome to the service rendered.
Key Provisions
The key provisions of the Repatriation Medical Authority Statement of Principles No. 53 of 2005, as determined under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), involve the establishment of a framework for connecting Guillain-Barre syndrome (GBS) or death from GBS with certain kinds of military service. According to section 4, the Statement of Principles outlines the minimum factors necessary to establish a reasonable hypothesis that GBS or death from GBS is related to operational, peacekeeping, hazardous, warlike, or non-warlike service. Claims for pension under the VEA or compensation under the MRCA will only be accepted if these factors are met and the claim was lodged after the specified dates, as stated in subsection 120A(3) of the VEA and subsection 338(3) of the MRCA.
This Statement of Principles imposes certain obligations on claimants, requiring them to substantiate their claims by demonstrating the existence of the specified factors related to their service. These factors must be connected to the service rendered to establish a valid claim for pension or compensation. The Statement of Principles also mandates that claims must be lodged within the specified timeframes to be considered, which are post-1 June 1994 for the VEA and post-1 July 2004 for the MRCA. Furthermore, the Authority's determination that these specific factors must be met before a claim can be upheld means that the burden of proof is placed on the claimant to provide evidence of these connections.
In terms of consequences for non-compliance or breach, the legislation makes it clear that any claims for pension or compensation that do not meet the criteria set out in the Statement of Principles will not be accepted. This means that the claimants will not be entitled to the benefits under the VEA or MRCA if their claims do not satisfy the specified factors related to their service. The penalties for non-compliance are effectively the denial of the benefits that the legislation provides. There are no explicit criminal or civil penalties mentioned in the Statement of Principles, but the failure to meet the criteria outlined results in the automatic invalidation of the claim.