REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 32 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. 32 of 2010 concerning joint instability and death from joint instability.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that joint instability and death from joint instability can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning joint instability 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 joint instability or death from joint instability, 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 joint instability or death from joint instability 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 21 December 2009 concerning joint instability 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 joint instability in the Government Notices Gazette of 21 December 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 joint instability as advertised in the Government Notices Gazette of 21 December 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 were amended to address the need for a comprehensive understanding of the relationship between joint instability and military service. Enacted in 2010, the Repatriation Medical Authority Instrument No. 32 of 2010, concerning joint instability and death from joint instability, was introduced to establish a Statement of Principles that would provide clarity on the medical-scientific evidence linking these conditions to specific military services. This was achieved through an investigation led by the Repatriation Medical Authority, which examined the available evidence and invited submissions from relevant parties. The Authority determined that there was sufficient evidence to establish these connections, which are now used by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal to assess claims for pension or compensation related to joint instability or death from joint instability.
Scope and Application
The Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 govern the application of Statement of Principles Instrument No. 32 of 2010, which pertains to joint instability and death from joint instability. This instrument applies to individuals who have served in various capacities, including operational, peacekeeping, hazardous, warlike, and non-warlike services, and who seek pension or compensation under the respective Acts. The instrument delineates the medical-scientific criteria necessary to establish a connection between joint instability or death from joint instability and the service rendered by a person. The determination of claims under these Acts by the Repatriation Commission, the Military Rehabilitation and Compensation Commission, the Veterans’ Review Board, or the Administrative Appeals Tribunal is contingent upon the validation of these claims by the Statement of Principles. This instrument mandates that any claims lodged on or after 1 June 1994 under the Veterans’ Entitlements Act or 1 July 2004 under the Military Rehabilitation and Compensation Act, relating to joint instability or death from joint instability, must be substantiated by the new Statement of Principles to be admissible. The Authority's decision to investigate and subsequently determine this instrument was advertised in the Government Notices Gazette, with submissions invited from relevant stakeholders, resulting in a single submission for consideration.
Key Provisions
The main operative sections of this instrument (No. 32 of 2010) pertain to the determination of a Statement of Principles concerning joint instability and death from joint instability (subsection 196B(2) of the Veterans’ Entitlements Act 1986 (VEA)). This Statement outlines the factors necessary to establish a connection between joint instability or death from joint instability and specific types of service, such as operational, peacekeeping, or hazardous service under the VEA, or warlike and non-warlike service under the Military Rehabilitation and Compensation Act 2004 (MRCA). These provisions aim to provide clarity and criteria for assessing claims related to joint instability, ensuring they are evaluated based on the sound medical-scientific evidence available.
The obligations imposed on the parties governed by this Act include ensuring that any claim for pension under the VEA or compensation under the MRCA, particularly those lodged after 1 June 1994 for the VEA and 1 July 2004 for the MRCA, must be in line with the criteria set out in the Statement of Principles. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal are mandated to uphold these criteria when processing claims related to joint instability or death from joint instability. Furthermore, the Authority is required to advertise its intention to investigate and circulate notices to relevant organisations and individuals, inviting submissions to inform its determination of the Statement of Principles.
The consequences for breach of the provisions outlined in the Act include the rejection of any claim for pension or compensation that does not meet the criteria set forth in the Statement of Principles (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA). While the explanatory notes do not detail specific penalties for non-compliance, the Act implicitly enforces strict adherence to the medical and scientific evidence-based criteria for claims to be considered valid. This ensures that benefits are awarded based on substantiated evidence and established connections between the claimed conditions and relevant service circumstances.
The instrument also underscores the Authority's commitment to transparency and stakeholder engagement by advertising its investigation in the Government Notices Gazette and soliciting input from relevant parties. This collaborative approach aims to enhance the accuracy and fairness of the assessment process for claims related to joint instability, reflecting a broader commitment to veterans' welfare and the integrity of the compensation system.