REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 54 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles concerning Guillain-Barre syndrome No. 54 of 2005.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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 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, Guillain-Barre syndrome or death from Guillain-Barre syndrome 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 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 120B(3) VEA or subsection 339(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 now 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. 54 of 2005, issued under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), establishes criteria for the connection between Guillain-Barre syndrome and military service, aiming to address the issue of claims for pension or compensation related to this condition. This Statement of Principles aims to ensure that claims are assessed based on the sound medical-scientific evidence available, which indicates that Guillain-Barre syndrome and death from the syndrome can be related to specific types of service. The Authority determined this statement following an investigation into peripheral neuropathy, which involved examining available evidence and inviting submissions from relevant parties. This legislative instrument ensures that claims for pension or compensation concerning Guillain-Barre syndrome or death from it, lodged after 1 June 1994 under the VEA or 1 July 2004 under the MRCA, must be upheld by this Statement of Principles to be accepted by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal.
Scope and Application
The Repatriation Medical Authority Statement of Principles No. 54 of 2005 pertains to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishing criteria for claims related to Guillain-Barre syndrome in veterans. The Statement of Principles outlines the specific conditions under which Guillain-Barre syndrome or death from it can be considered related to certain types of service, such as eligible war service, defence service, and peacetime service. This legislative instrument applies to veterans and service personnel who may have been affected by Guillain-Barre syndrome and seeks to provide a framework for the determination of claims for pensions or compensation. The provisions set a threshold for claims, mandating that they be assessed in light of the evidence and the criteria specified within the Statement of Principles, and any claim made after the specified dates of 1 June 1994 for the VEA and 1 July 2004 for the MRCA must align with these principles to be considered valid. The Authority's determination of these principles follows a thorough investigation and consultation process, ensuring that the legislation reflects the most current medical-scientific understanding of the condition.
Key Provisions
The Repatriation Medical Authority (RMA) has issued Statement of Principles No. 54 of 2005, which sets out the circumstances under which a claim for pension or compensation relating to Guillain-Barre syndrome or death from Guillain-Barre syndrome can be related to particular kinds of service (section 2). This Statement of Principles is a critical determination under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Statement of Principles specifies the factors that must be present and related to eligible war service, defence service, or peacetime service, to establish a connection to Guillain-Barre syndrome or death from Guillain-Barre syndrome (section 4). Claims for pension under the VEA or compensation under the MRCA must be supported by this Statement of Principles to be considered valid (section 3). Any claim for pension or compensation regarding Guillain-Barre syndrome or death from Guillain-Barre syndrome lodged on or after 1 June 1994 under the VEA, or 1 July 2004 under the MRCA, will not be accepted unless upheld by this Statement of Principles (subsection 120B(3) VEA, subsection 339(3) MRCA).
The obligations imposed by the Act require the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal to consider the Statement of Principles when evaluating claims for pension or compensation related to Guillain-Barre syndrome or death from Guillain-Barre syndrome (section 5). These entities must ensure that any claims lodged on or after the specified dates adhere to the criteria outlined in Statement of Principles No. 54 of 2005. Furthermore, the RMA must provide a list of references relating to Guillain-Barre syndrome upon written request, which is intended to assist in the substantiation of claims (section 11). The process of determining these Statements of Principles involves an extensive examination of medical-scientific evidence and consultation with relevant stakeholders, including veterans' organisations and experts in the field (sections 6-9).
Failure to comply with the requirements set out in the Statement of Principles No. 54 of 2005 can lead to the rejection of claims for pension or compensation related to Guillain-Barre syndrome or death from Guillain-Barre syndrome. The Act does not explicitly state penalties for non-compliance; however, the consequences primarily involve the denial of benefits that would otherwise be available under the VEA or MRCA. It is important for claimants and their representatives to ensure that their claims are supported by the necessary evidence and adhere to the criteria specified in the Statement of Principles to avoid potential rejections. The RMA's determination is based on the balance of probabilities and the available medical-scientific evidence, underscoring the importance of meeting the stipulated criteria for a successful claim.