REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 34 of 2010
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 Instrument No. 34 of 2010 concerning iliotibial band syndrome and death from iliotibial band syndrome.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that iliotibial band syndrome and death from iliotibial band syndrome can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning iliotibial band syndrome pursuant to subsection 196B(2) of the VEA.
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 iliotibial band syndrome or death from iliotibial band 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 iliotibial band syndrome or death from iliotibial band syndrome that was lodged on or after 1 June 1994 in the case of the VEA, or 1 July 2004 in the case of the MRCA respectively, unless this Statement of Principles upholds that claim (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA).
6. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 26 August 2009 concerning iliotibial band syndrome 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 iliotibial band syndrome in the Government Notices Gazette of 26 August 2009, 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 during the investigation.
8. The determining of this new instrument finalises the investigation in relation to iliotibial band syndrome as advertised in the Government Notices Gazette of 26 August 2009.
9. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 are the primary legislative instruments governing the rights and entitlements of Australian Defence Force personnel, including veterans, in terms of medical care, pension, and compensation. In 2010, the Repatriation Medical Authority issued Instrument No. 34, which introduced a Statement of Principles concerning iliotibial band syndrome and death from iliotibial band syndrome. This legislative instrument was enacted to address the gap in the existing framework by providing clear medical-scientific evidence and criteria for claims related to iliotibial band syndrome, which affects the connective tissue running along the outside of the thigh. The Authority determined that there is sufficient evidence to link this condition to certain types of military service, thus providing a basis for veterans to claim pensions or compensation under the aforementioned acts. The Repatriation Medical Authority, acting under the authority vested in it by the Parliament of Australia, aimed to ensure that claims are substantiated by reliable evidence and are processed in accordance with the established legal criteria.
Scope and Application
The Repatriation Medical Authority Instrument No. 34 of 2010, concerning iliotibial band syndrome, applies to veterans and service personnel who served in operational, peacekeeping, hazardous, warlike, or non-warlike service under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislation sets forth the criteria that must be met to establish a connection between iliotibial band syndrome or death from this condition and the circumstances of their service, thereby affecting their eligibility for pension or compensation claims. The instrument applies nationally across Australia, with its scope extending to any veteran or service member who may have been exposed to the conditions leading to iliotibial band syndrome. This determination affects claims lodged on or after 1 June 1994 under the VEA and 1 July 2004 under the MRCA, and it mandates that any such claims must be substantiated by the factors outlined in the Statement of Principles. The Authority’s decision is final and cannot be challenged unless it contradicts the established medical-scientific evidence.
Key Provisions
The Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) govern claims for pensions and compensation related to service-related disabilities or deaths. The Repatriation Medical Authority (the Authority) has issued Statement of Principles Instrument No. 34 of 2010 concerning iliotibial band syndrome and death from iliotibial band syndrome under subsection 196B(2) of the VEA. This Statement of Principles outlines the minimum factors that must exist and must be related to specific service types, including operational, peacekeeping, hazardous, warlike, and non-warlike service, to establish a reasonable hypothesis connecting iliotibial band syndrome or death from iliotibial band syndrome with the service circumstances. This statement is critical because, under subsection 120A(3) of the VEA and subsection 338(3) of the MRCA, claims for pension or compensation related to iliotibial band syndrome or death from iliotibial band syndrome lodged on or after 1 June 1994 for the VEA and 1 July 2004 for the MRCA cannot be accepted unless this Statement of Principles upholds the claim.
The Statement of Principles imposes several obligations on the parties involved. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal must adhere to the Statement of Principles when assessing claims for pension or compensation related to iliotibial band syndrome or death from iliotibial band syndrome. These entities must ensure that the claims are evaluated in accordance with the minimum factors and service-related circumstances specified in the Statement of Principles. Additionally, the Authority must provide relevant information and references to interested parties upon request, facilitating transparency and informed decision-making in the claims process.
The legislation also outlines potential consequences for breaches of the provisions outlined in the Statement of Principles. While the explanatory notes do not explicitly detail specific offences, penalties, or consequences for breaches, it is implied that failure to comply with the requirements of the Statement of Principles could result in invalid claims for pension or compensation. The Repatriation Commission and other relevant entities may reject claims that do not meet the criteria set forth in the Statement of Principles, which could have significant implications for veterans and their dependants seeking benefits. Furthermore, any actions that deliberately circumvent the requirements of the Statement of Principles may be subject to legal scrutiny and potential penalties under the respective acts. However, the exact nature and severity of these penalties are not specified in the explanatory notes provided.