REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 95 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. 95 of 2010 concerning labral tear and death from labral tear.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(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, labral tear or death from labral tear 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 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 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 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. 95 of 2010, published under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of labral tear and death from labral tear in the context of military service. Enacted in response to an investigation into acute labrum tear, the instrument was formulated following an examination of available sound medical-scientific evidence. The objective of this instrument is to establish a Statement of Principles that identifies the conditions under which labral tear or death from labral tear can be related to specific types of military service, thereby facilitating the assessment of claims for pensions or compensation by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal. This legislative instrument ensures that any claims for pension or compensation related to labral tear or death from labral tear, lodged after 1 June 1994 under the VEA or 1 July 2004 under the MRCA, must be supported by this Statement of Principles to be considered valid.
Scope and Application
The Repatriation Medical Authority Instrument No. 95 of 2010, concerning labral tear and death from labral tear, applies to individuals who have served in the Australian Defence Force and who are seeking pension or compensation benefits under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004. This legislation establishes the conditions under which claims for pension or compensation related to labral tear can be substantiated, ensuring that such claims are supported by sound medical-scientific evidence. The Authority has determined that labral tear and death from labral tear are more likely than not connected to certain types of military service, including eligible war service, defence service, and peacetime service. This determination is pivotal for the Repatriation Commission, the Military Rehabilitation and Compensation Commission, the Veterans’ Review Board, and the Administrative Appeals Tribunal, which are mandated to consider these factors when adjudicating claims filed on or after 1 June 1994 and 1 July 2004, respectively, for the VEA and MRCA. The legislative framework stipulates that claims for benefits concerning labral tear must align with the criteria outlined in this Statement of Principles to be upheld.
Key Provisions
The Repatriation Medical Authority has established Statement of Principles Instrument No. 95 of 2010 concerning labral tear and death from labral tear, pursuant to subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA). This Statement of Principles outlines the medical and scientific evidence indicating that it is more probable than not that labral tear and death from labral tear can be related to certain types of service (paragraph 2). Specifically, this instrument identifies the factors that must exist, and which of those factors must be related to eligible war service, defence service, and peacetime service, before it can be said that, on the balance of probabilities, labral tear or death from labral tear is connected with the circumstances of that service (paragraph 4). This Statement of Principles is now a crucial reference point for any claims related to labral tear or death from labral tear under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA).
The Statement of Principles imposes obligations on the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal. These entities are required to consider this Statement of Principles when assessing claims for pension under the VEA or compensation under the MRCA (paragraph 5). Specifically, no claim for pension or compensation relating to labral tear or death from labral tear can be accepted if it was lodged on or after 1 June 1994 under the VEA or 1 July 2004 under the MRCA unless it is upheld by this Statement of Principles (subsections 120B(3) of the VEA and 339(3) of the MRCA). The Authority's determination ensures that all claims are assessed consistently with the latest medical and scientific evidence available.
There are no explicit offences, penalties, or consequences for breach outlined in the Statement of Principles itself. However, the failure to adhere to the conditions set out in the Statement of Principles could potentially affect the validity of claims for pension or compensation under the VEA or MRCA. The legislation governing these acts, namely the VEA and MRCA, does provide for various penalties and consequences for fraudulent claims or other breaches of the Acts, but these are not detailed in the Statement of Principles. It is essential for claimants and their representatives to ensure that their claims are substantiated by the criteria outlined in this Statement to avoid potential repercussions under the broader legislative framework.