REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 94 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. 94 of 2010 concerning labral tear and death from labral tear.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that labral tear and death from labral tear can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning labral tear 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 labral tear or death from labral tear, 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 labral tear or death from labral tear 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 12 May 2010 concerning acute labrum tear 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 acute labrum tear in the Government Notices Gazette of 12 May 2010, 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. No submissions were received for consideration by the Authority during the investigation.
8. The determining of this new Instrument finalises the investigation in relation to acute labrum tear as advertised in the Government Notices Gazette of 12 May 2010.
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. 94 of 2010, issued under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), was enacted to address the issue of claims related to labral tear and death from labral tear, and to establish the necessary medical-scientific evidence connecting these conditions to particular kinds of military service. This instrument was introduced to ensure that any claims for pension or compensation concerning labral tear or death from labral tear are substantiated by clear and sound medical evidence, thus guiding the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and the Administrative Appeals Tribunal in their assessments. The instrument aims to prevent the acceptance of claims that are not supported by this evidence, thereby ensuring the integrity and fairness of the compensation process for veterans and their families.
Scope and Application
The Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) are the primary legislative instruments governing the entitlements of veterans in Australia, with the Repatriation Medical Authority (the Authority) playing a pivotal role in determining the medical conditions that qualify for pension or compensation benefits. The Authority’s Statement of Principles Instrument No. 94 of 2010 specifically addresses the condition of labral tear and death from labral tear, establishing the minimum factors that must be present and their connection to particular types of service such as operational, peacekeeping, hazardous, warlike, or non-warlike service. This instrument is crucial for veterans and their representatives as it outlines the criteria for claims related to labral tear, which must be upheld by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal to be considered valid. Any claims lodged on or after the specified dates under the VEA or MRCA must align with these principles to be accepted. The Authority’s determination finalises the investigation into acute labrum tear and provides a clear reference for stakeholders, ensuring that all relevant evidence and submissions are considered in the legislative process.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) together govern the process of making claims for pensions and compensation related to labral tear and death from labral tear. The Repatriation Medical Authority (the Authority) has issued Statement of Principles Instrument No. 94 of 2010 under subsection 196B(2) of the VEA, which outlines the circumstances under which a connection can be made between labral tear or death from labral tear and service in the armed forces. This Statement of Principles Instrument serves as a critical reference for determining claims, ensuring that only those claims which meet the outlined criteria can proceed. Specifically, the Instrument details the service-related factors that must be present for a reasonable hypothesis to connect labral tear or death from labral tear to specific types of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike service (section 4).
The obligations imposed by this legislation on relevant parties, such as the Repatriation Commission and the Military Rehabilitation and Compensation Commission, include adhering strictly to the criteria set out in the Statement of Principles when assessing claims. Claims for pension under the VEA or compensation under the MRCA cannot be accepted unless they align with the conditions specified in the Statement of Principles (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA). This ensures that only claims with a substantiated connection to military service are considered. The Authority's process for determining these statements involves thorough investigation and consideration of sound medical-scientific evidence, as well as consultation with relevant stakeholders.
Failure to comply with the provisions of this legislation can lead to significant consequences. For instance, claims for pension or compensation that do not meet the criteria set out in the Statement of Principles are not eligible for acceptance by the relevant authorities. This means that any claim lodged on or after 1 June 1994 under the VEA, or 1 July 2004 under the MRCA, without supporting evidence of a connection to the specified service-related factors, will be dismissed. There are no specific penalties mentioned in the explanatory notes for breach of these provisions, but the legal implications include the inability to proceed with the claim, which can be a substantial detriment to the claimant.