REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 33 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. 33 of 2010 concerning joint instability and death from joint instability.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(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, joint instability or death from joint instability 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 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 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 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 Repatriation Medical Authority Instrument No. 33 of 2010, concerning joint instability and death from joint instability, was enacted under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation was introduced to address the need for a definitive Statement of Principles that would guide the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal in determining claims related to joint instability and its resultant fatalities. The instrument was established after a comprehensive investigation into the medical-scientific evidence surrounding joint instability, and it sets out the specific factors that must be present for such claims to be upheld. The objective of this legislation is to ensure that all claims for pension or compensation, particularly those filed after the specified dates of 1 June 1994 under the VEA and 1 July 2004 under the MRCA, are assessed based on a consistent and evidence-backed framework.
Scope and Application
The Repatriation Medical Authority Instrument No. 33 of 2010, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishes specific conditions under which claims for pension or compensation related to joint instability and death from joint instability can be upheld. This instrument applies to individuals who have rendered eligible war service, defence service, or peacetime service as defined by these acts. The Authority determines that such claims must be substantiated by medical-scientific evidence showing a connection between joint instability or death from joint instability and the service rendered. The instrument further specifies that any claim lodged on or after 1 June 1994 under the VEA or 1 July 2004 under the MRCA cannot be accepted unless it aligns with the criteria outlined in this Statement of Principles. The instrument's scope is national, affecting all claimants across Australia, and it extends its application through subordinate instruments issued by the Repatriation Medical Authority.
Key Provisions
The main sections of the legislation, namely sections (3) and (120B(3)) of the Veterans' Entitlements Act 1986 (VEA), and sections (3) and (339(3)) of the Military Rehabilitation and Compensation Act 2004 (MRCA), establish the conditions under which joint instability and death from joint instability can be considered related to particular kinds of military service, thereby impacting eligibility for pensions or compensation. Section (3) of both acts states that the Repatriation Medical Authority (the Authority) must determine Statements of Principles based on available medical-scientific evidence, which are necessary for any claim to be considered. Section (120B(3)) of the VEA and section (339(3)) of the MRCA specify that any claim for pension or compensation concerning joint instability or death from joint instability must be supported by these Statements of Principles if the claim was lodged after the specified dates.
The obligations imposed by the legislation require the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, or Administrative Appeals Tribunal to uphold the conditions set out in the Statements of Principles when evaluating claims. Claims for pension or compensation related to joint instability or death from joint instability must be based on the factors outlined in the Statements of Principles. These factors must be related to eligible war service, defence service, or peacetime service as defined in the respective acts. The legislation mandates that these claims cannot be considered unless they meet the criteria established by the Authority.
The legislation outlines specific consequences for non-compliance with the provisions set forth. Under subsection (120B(3)) of the VEA and subsection (339(3)) of the MRCA, any claim for pension or compensation relating to joint instability or death from joint instability that was lodged after the specified dates, and which does not align with the criteria in the Statements of Principles, will not be accepted. The precise penalties for breaches are not detailed in the explanatory notes, but they may involve the rejection of claims and potential legal challenges by affected parties.