REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 67 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 67 of 2009 concerning localised sclerosis and death from localised sclerosis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(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, localised sclerosis or death from localised sclerosis 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 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 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 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. 67 of 2009, concerning localised sclerosis and death from localised sclerosis, was introduced under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative instrument was enacted to address the gap in the provision of benefits for veterans suffering from localised sclerosis by providing a clear framework for the acceptance of claims related to this condition. The Authority determined that there is sufficient medical-scientific evidence to suggest that localised sclerosis and death from localised sclerosis can be linked to certain types of service, leading to the establishment of a Statement of Principles. This Statement outlines the necessary factors that must be present and related to specific kinds of service to support a claim for pension under the VEA or compensation under the MRCA. The enacting body, the Repatriation Medical Authority, sought to ensure that all claims for benefits related to localised sclerosis are assessed based on sound evidence, thereby addressing the policy objective of providing fair and substantiated compensation to affected veterans.
Scope and Application
The Repatriation Medical Authority Instrument No. 67 of 2009, concerning localised sclerosis and death from localised sclerosis, applies to individuals who have rendered eligible war service, defence service, or peacetime service, as defined under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation governs the conditions under which claims for pension or compensation can be made by veterans and service personnel in relation to localised sclerosis. The Authority's determination applies Commonwealth-wide, affecting veterans and service personnel across Australia. The instrument specifies that any claim for pension under the VEA or compensation under the MRCA, lodged on or after 1 June 1994 or 1 July 2004 respectively, must be supported by the Statement of Principles to be valid. This legislative instrument is an outcome of an investigation into scleroderma, as announced in the Government Notices Gazette of 27 August 2008, and aims to ensure that all claims are assessed based on the available medical-scientific evidence.
Key Provisions
The Repatriation Medical Authority (the Authority) has issued Statement of Principles Instrument No. 67 of 2009 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) (sections 2 and 3). This instrument addresses the relationship between localised sclerosis, death from localised sclerosis, and specific types of service, such as eligible war service, defence service, and peacetime service. The Statement of Principles sets out the necessary factors and their relation to the service for a claim to be upheld regarding these conditions (section 4). This new instrument is the outcome of an investigation into scleroderma announced in the Government Notices Gazette on 27 August 2008 (section 6).
The obligations imposed by this legislation are clear: any claim for pension under the VEA or compensation under the MRCA for localised sclerosis or death from localised sclerosis must be lodged in accordance with the factors and conditions outlined in the Statement of Principles. Claims submitted after the effective dates of 1 June 1994 for the VEA and 1 July 2004 for the MRCA cannot be accepted unless they are supported by the criteria set out in this new instrument (sections 5 and 9). The Authority has conducted an investigation and solicited submissions from relevant parties, ensuring a thorough and inclusive process before finalising the Statement of Principles (sections 7 and 8).
There are no specific offences, penalties, or civil/criminal consequences outlined within the explanatory notes for breaching the provisions of this instrument. However, any claim that does not adhere to the Statement of Principles will not be accepted by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal (subsection 120B(3) of the VEA or subsection 339(3) of the MRCA). This effectively means that non-compliance with the Statement of Principles could result in the denial of benefits or compensation claims related to localised sclerosis or death from localised sclerosis. The overarching consequence is the potential loss of entitlements for affected veterans and their dependants if their claims do not meet the stipulated criteria.