REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 3 of 2006
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 heart block No. 3 of 2006.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that heart block and death from heart block can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning heart block.
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 heart block or death from heart block, 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 heart block or death from heart block 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 heart block (complete), notified by the Authority in the Government Notices Gazettes of 15 June 2005, 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 heart block (complete) in the Government Notices Gazette of 15 June 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, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field.
8. No submissions were received for consideration by the Authority during the investigation.
9. The determining of this new instrument finalises the investigation in relation to heart block (complete) which was advertised in the Government Notices Gazettes of 15 June 2005.
10. 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. 3 of 2006 was enacted to address the issue of heart block in veterans, establishing the medical-scientific link between heart block and specific types of military service. The Authority, acting under the provisions of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, determined these principles to provide a framework for assessing claims related to heart block. This instrument aims to ensure that any claims for pension or compensation concerning heart block must be substantiated by evidence that aligns with these newly established principles, thereby providing a structured approach to handling such claims and offering clarity to both claimants and the relevant authorities. The legislation was introduced by the Repatriation Medical Authority, operating under the guidance of the relevant Acts, to formalise the process for assessing claims and ensuring they meet the established criteria.
Scope and Application
The Statement of Principles No. 3 of 2006, issued by the Repatriation Medical Authority, applies to veterans and service personnel who may have incurred heart block or death from heart block as a result of specific types of military service. These include operational, peacekeeping, hazardous, warlike, and non-warlike services under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument sets out the minimum factors that must exist, and their relation to the service, for a reasonable hypothesis to be raised linking heart block or death from heart block with the service circumstances. The application of this Statement of Principles is national, as it pertains to the entire Commonwealth of Australia and the legislative framework it governs. Claims for pension or compensation lodged on or after 1 June 1994 under the Veterans’ Entitlements Act and 1 July 2004 under the Military Rehabilitation and Compensation Act must reference this Statement of Principles to be considered. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal cannot accept any such claims unless they are upheld by this Statement of Principles.
Key Provisions
The main operative sections of the Repatriation Medical Authority Statement of Principles No. 3 of 2006, concerning heart block, set out the specific circumstances under which claims for pension or compensation related to heart block can be considered (section 4). These sections require that there must be a reasonable hypothesis connecting heart block with particular types of service, such as operational, peacekeeping, hazardous, warlike, or non-warlike service. The determination of these factors is crucial for any claim to be upheld under the Veterans’ Entitlements Act 1986 (VEA) or the Military Rehabilitation and Compensation Act 2004 (MRCA).
The Act imposes clear obligations on parties seeking compensation or pension related to heart block. Claimants must demonstrate that their heart block is connected to their service in one of the specified categories, as outlined in the Statement of Principles (section 4). Additionally, claims for pension or compensation must be lodged within specific timeframes: after 1 June 1994 for the VEA and after 1 July 2004 for the MRCA. Failure to adhere to these requirements will result in the claim being ineligible for consideration (sections 5 and 9).
The Statement of Principles also outlines the consequences for non-compliance with the provisions of the Act. Any claim for pension or compensation regarding heart block lodged after the specified dates and not supported by the Statement of Principles will be rejected by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal (subsections 120A(3) VEA and 338(3) MRCA). Additionally, any breach of the provisions may result in legal actions or administrative penalties, although specific maximum penalties are not detailed in the explanatory notes. The importance of adhering to the established guidelines and timeframes cannot be overstated, as failure to do so will result in the claim being dismissed outright.