REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 66 of 2009
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. 66 of 2009 concerning localised sclerosis and death from localised sclerosis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that localised sclerosis and death from localised sclerosis can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning localised sclerosis 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 localised sclerosis or death from localised sclerosis, 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 localised sclerosis or death from localised sclerosis 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 27 August 2008 concerning scleroderma 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 scleroderma in the Government Notices Gazette of 27 August 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.
8. The determining of this new instrument finalises the investigation in relation to scleroderma as advertised in the Government Notices Gazette of 27 August 2008.
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. 66 of 2009, concerning localised sclerosis and death from localised sclerosis, was enacted to address the need for a formal connection between certain service types and the medical condition of localised sclerosis. This instrument was issued under the authority granted by the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Repatriation Medical Authority determined the Statement of Principles in response to the sound medical-scientific evidence indicating a potential link between localised sclerosis and particular kinds of service, including operational, peacekeeping, and hazardous service. The policy objective of this instrument is to ensure that any claims for pension or compensation related to localised sclerosis must be supported by this Statement of Principles. This approach standardises the assessment process and ensures that claims are assessed consistently in accordance with the medical evidence available.
Scope and Application
The Repatriation Medical Authority Instrument No. 66 of 2009, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishes a Statement of Principles concerning localised sclerosis and death from localised sclerosis. This instrument applies to any person or entity seeking a pension under the Veterans' Entitlements Act or compensation under the Military Rehabilitation and Compensation Act, provided that the claim pertains to service rendered before specified dates, i.e., 1 June 1994 for the Veterans' Entitlements Act and 1 July 2004 for the Military Rehabilitation and Compensation Act. The instrument outlines the medical-scientific evidence required to establish a connection between localised sclerosis or death from localised sclerosis and particular kinds of military service, including operational, peacekeeping, and hazardous service under the Veterans' Entitlements Act, and warlike and non-warlike service under the Military Rehabilitation and Compensation Act. It mandates that any claims lodged after these dates must be upheld by this Statement of Principles to be accepted by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal. This legislative instrument thus serves to clarify and restrict the scope of claims concerning localised sclerosis in relation to military service, ensuring that they are grounded in substantiated medical-scientific evidence.
Key Provisions
The main operative sections of this legislation, as outlined in the explanatory notes, concern the determination of Statement of Principles Instrument No. 66 of 2009, which relates to localised sclerosis and death from localised sclerosis (subsection 196B(2) of the Veterans’ Entitlements Act 1986). This Statement of Principles has been issued by the Repatriation Medical Authority, and it is intended to guide the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal in determining claims for pension or compensation (subsection 120A(3) of the VEA or subsection 338(3) of the Military Rehabilitation and Compensation Act 2004). It is pertinent to note that this new instrument finalises an investigation into scleroderma that was notified in the Government Notices Gazette on 27 August 2008.
The obligations imposed on the parties governed by this Act primarily concern the Repatriation Medical Authority, which is tasked with determining Statements of Principles that will be used to assess claims for pension or compensation. The Authority must ensure that there is sound medical-scientific evidence to support the connection between localised sclerosis or death from localised sclerosis and particular kinds of service as outlined in the Statement of Principles. Additionally, the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal must adhere to the criteria set out in the Statement of Principles when evaluating claims.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in this explanatory note for breach of the provisions of this instrument. However, it is clear that any claim for pension or compensation lodged after the specified dates (1 June 1994 for the Veterans’ Entitlements Act 1986 and 1 July 2004 for the Military Rehabilitation and Compensation Act 2004) must be upheld by the Statement of Principles or it will not be accepted. This requirement ensures that all claims are assessed in accordance with the evidence and criteria provided in the Statement of Principles, thereby maintaining consistency and fairness in the claims process.