REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 51 of 2010
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), revokes Instrument No. 59 of 1997, as amended by Instrument No. 96 of 1997, determined under subsection 196B(2) of the VEA concerning internal derangement of the knee.
- The Authority is of the view that there is sound medical-scientific evidence that indicates that internal derangement of the knee and death from internal derangement of the knee can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles, Instrument No. 51 of 2010 concerning internal derangement of the knee. This Instrument will in effect replace the revoked Statements of Principles.
- The provisions of the Military Rehabilitation and Compensation Act 2004 (the MRCA) relating to claims for compensation commenced on 1 July 2004. Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.
- 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 internal derangement of the knee or death from internal derangement of the knee, with the circumstances of that service.
5. This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 25 June 2008 concerning internal derangement of the knee in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.
6. The contents of the new Instrument are in similar terms as the revoked Instruments. Comparing the new and the revoked Instruments, the differences include:
- adopting the latest revised Instrument format, which commenced in 2005;
- deleting the ICD code from the Instrument header;
- revising the definition of 'internal derangement of the knee' in clause 3;
- revising factors 6(a) & 6(c) concerning 'acute sprain';
- new factors 6(b) & 6(d) concerning 'acute meniscal tear';
- new definitions of 'death from internal derangement of the knee', 'ICD-10-AM code' and 'terminal event' in clause 9;
- revising the definition of 'relevant service' in clause 9;
- deleting the definition of 'ICD code'; and
- specifying a date of effect for the Instrument in clause 11.
7. Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.
8. Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to internal derangement of the knee in the Government Notices Gazette of 25 June 2008, 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.
9. The determining of this new Instrument finalises the investigation in relation to internal derangement of the knee as advertised in the Government Notices Gazette of 25 June 2008.
10. 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 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) are the foundational pieces of legislation governing the entitlements and compensation claims of Australian Defence Force members. The Repatriation Medical Authority Instrument No. 51 of 2010, issued under the VEA, aims to address the problem of establishing a connection between internal derangement of the knee and military service. This Instrument revokes the previous Instrument No. 59 of 1997, replacing it with updated medical-scientific evidence and revised definitions to better reflect the current understanding of knee injuries related to military service. The Authority, under the VEA, determined this Statement of Principles to ensure that claims for compensation are assessed with the most current medical evidence, facilitating the acceptance of liability for service injuries and deaths related to knee derangement. This legislative instrument was enacted by the Repatriation Medical Authority, which operates under the authority of the Australian Government, with the policy objective of ensuring that veterans and their families receive appropriate recognition and compensation for service-related injuries and conditions.
Scope and Application
The Repatriation Medical Authority Instrument No. 51 of 2010 amends and replaces the previous Instrument No. 59 of 1997 concerning internal derangement of the knee, as determined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation applies to veterans and service personnel who have sustained an internal derangement of the knee, or who have died from such a condition, due to their service in specific categories such as operational, peacekeeping, hazardous, warlike, or non-warlike service. The Instrument outlines the minimum factors that must be related to the service to establish a reasonable hypothesis connecting the knee condition with the service circumstances. The geographic and jurisdictional reach of this Act is primarily Commonwealth, affecting veterans and service personnel across Australia, and it applies to claims for compensation that commenced on or after 1 July 2004. The new Instrument incorporates various changes to the format and content to align with the MRCA and to incorporate the latest medical-scientific evidence, ensuring that the criteria for claims are up-to-date and comprehensive.
Key Provisions
The main operative sections of this legislation, particularly in Instrument No. 51 of 2010, involve the determination of a new Statement of Principles concerning internal derangement of the knee, replacing the previous Instrument No. 59 of 1997. This new instrument, as per subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA), establishes the minimum factors that must exist to connect internal derangement of the knee or death from internal derangement of the knee with certain types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The Instrument sets out these criteria clearly to ensure that the Repatriation Medical Authority (the Authority) can determine the connection between the knee condition and the service effectively.
The obligations imposed by this Act on the parties involved primarily concern the Authority's responsibility to evaluate and determine the new Statement of Principles based on sound medical-scientific evidence. The Authority must consider all relevant evidence and submissions received during the investigation, which in this case was advertised in the Government Notices Gazette of 25 June 2008. Additionally, the Authority is required to ensure that the Statement of Principles aligns with the provisions of both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA), particularly for claims commenced on or after 1 July 2004, as per section 319 of the MRCA.
Offences, penalties, or consequences for breaches of this legislation are not explicitly detailed within the text provided. However, the primary focus of the Act is on ensuring that the Statement of Principles accurately reflects current medical-scientific evidence and appropriately connects internal derangement of the knee with relevant service types. The Authority’s determination process is rigorous, involving extensive consultation and consideration of expert opinions. While the Act itself does not outline specific penalties for breaches, any failure to comply with the requirements for determining the Statement of Principles could potentially impact the validity of claims made under the VEA and MRCA, leading to complications or denials in compensation claims for veterans.