REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 35 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 35 of 2010 concerning iliotibial band syndrome and death from iliotibial band syndrome.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) 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 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, iliotibial band syndrome or death from iliotibial band 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 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 120B(3) of the VEA or subsection 339(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 Repatriation Medical Authority Instrument No. 35 of 2010, concerning iliotibial band syndrome and death from iliotibial band syndrome, was enacted under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislation was introduced to address the need for a clear framework regarding the medical evidence required to link iliotibial band syndrome and its fatalities to specific types of military service. The Repatriation Medical Authority determined this Statement of Principles to ensure that claims for pensions or compensation are assessed based on established medical criteria. By outlining the necessary medical and service-related factors, the legislation aims to provide a definitive basis for adjudicating on claims, ensuring consistency and fairness in the assessment process for veterans and their families.
Scope and Application
The Repatriation Medical Authority Instrument No. 35 of 2010, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishes a Statement of Principles concerning iliotibial band syndrome, including death from this condition, and its connection to specific types of service rendered by a person. This instrument applies to individuals who served in eligible war service (other than operational service), defence service (other than hazardous service), or peacetime service, and who are seeking a pension under the Veterans’ Entitlements Act or compensation under the Military Rehabilitation and Compensation Act. The Statement of Principles outlines the factors that must be present and related to the service for a claim to be considered valid, and it specifies that claims lodged on or after 1 June 1994 under the Veterans’ Entitlements Act and on or after 1 July 2004 under the Military Rehabilitation and Compensation Act cannot be accepted unless they align with this Statement of Principles. This legislative instrument provides a national framework and sets clear criteria for the assessment of claims related to iliotibial band syndrome and death from this condition, ensuring consistency and fairness in the adjudication process.
Key Provisions
The Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) are the primary legislative instruments governing the rights of veterans to receive pensions and compensation for service-related conditions, including iliotibial band syndrome and death from iliotibial band syndrome. Under section 196B(3) of the VEA, the Repatriation Medical Authority (the Authority) has issued Statement of Principles Instrument No. 35 of 2010 concerning these conditions (section 2). The Statement of Principles sets out the factors that must exist and which of those factors must be related to specific types of service before a claim for pension or compensation can be considered valid (section 4). This includes eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service (section 4).
The Authority’s determination imposes specific obligations on veterans and relevant entities, such as the Repatriation Commission and the Military Rehabilitation and Compensation Commission. These entities must adhere to the criteria outlined in the Statement of Principles when assessing claims for pension or compensation related to iliotibial band syndrome (section 5). Additionally, the Authority must provide a list of references to any person or organisation upon request (section 9). The obligation to follow these criteria ensures that only those claims that meet the established medical-scientific standards will be accepted.
Failure to comply with the provisions outlined in the Statement of Principles can lead to significant consequences. For instance, any claim for pension or compensation for iliotibial band syndrome or death from iliotibial band syndrome that was lodged on or after 1 June 1994 under the VEA, or 1 July 2004 under the MRCA, without the backing of the Statement of Principles, will not be accepted (section 5). This strict adherence to the criteria underscores the importance of the medical-scientific evidence in determining the validity of claims. The consequences of non-compliance can include the dismissal of claims and, by extension, the denial of entitlements that veterans may be rightfully due.