REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 4 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles concerning heart block No. 4 of 2006.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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 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, heart block or death from heart block 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 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 120B(3) VEA or subsection 339(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 now 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. 4 of 2006, enacted under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of heart block and death from heart block related to specific types of service. The Authority determined this statement based on available medical-scientific evidence, establishing factors that must exist and be related to eligible war service, defence service, or peacetime service for claims of pension or compensation to be considered valid. This legislative instrument concludes the investigation into heart block, which was initiated with a notice in the Government Notices Gazette on 15 June 2005. Claims for pension or compensation related to heart block lodged after 1 June 1994 under the VEA or 1 July 2004 under the MRCA must be supported by this Statement of Principles to be accepted by relevant authorities.
Scope and Application
The Repatriation Medical Authority Statement of Principles No. 4 of 2006 under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 establishes the criteria for the connection between heart block or death from heart block and specific types of service rendered by individuals. This legislative instrument applies to eligible war service, defence service, and peacetime service, as defined under the respective acts, and it sets out the necessary factors that must be present and related to these services for a claim to be considered valid. The determination of these principles ensures that claims for pension or compensation are assessed against the criteria outlined in the Statement, which must be met for a claim to be upheld by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal. This Act applies to claims lodged after 1 June 1994 for the Veterans’ Entitlements Act and after 1 July 2004 for the Military Rehabilitation and Compensation Act, and it formalises the process for considering claims in light of the medical-scientific evidence available to the Authority.
Key Provisions
The Repatriation Medical Authority has determined Statement of Principles No. 4 of 2006 concerning heart block under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) (section 2). This Statement of Principles outlines the medical-scientific evidence that supports a probable connection between heart block or death from heart block and particular kinds of service rendered by a person. Specifically, the Statement sets out the factors that must exist, and which of those factors must be related to eligible war service (other than operational service) under the VEA, defence service (other than hazardous service) under the VEA, and peacetime service under the MRCA (section 4).
In accordance with the VEA and MRCA, claims for pension or compensation related to heart block or death from heart block are determined by the Repatriation Commission or the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority (section 3). Any claims lodged on or after 1 June 1994 under the VEA, or 1 July 2004 under the MRCA, cannot be accepted unless they are upheld by this Statement of Principles (subsection 120B(3) VEA or subsection 339(3) MRCA) (section 5). The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal are all bound by this requirement.
The Authority undertook an investigation into heart block (complete) that involved an examination of the available medical-scientific evidence, as notified in the Government Notices Gazettes of 15 June 2005 (section 6). The Authority advertised its intention to undertake this investigation and invited submissions from relevant parties, although no submissions were received (sections 7 and 8). The finalisation of this Statement of Principles concludes the investigation into heart block (complete) (section 9). A list of references relating to this condition is available upon written request from the Repatriation Medical Authority Secretariat (section 10).
Failure to comply with the requirements set out in this Statement of Principles could result in claims for pension or compensation being denied. For example, claims for pension under the VEA or compensation under the MRCA that do not align with the factors outlined in the Statement of Principles may not be accepted by the relevant Commission (subsection 120B(3) VEA or subsection 339(3) MRCA). There are no explicit penalties outlined in the explanatory statement for breaches of these provisions, but the denial of claims could have significant consequences for affected individuals.