REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 13 of 2011
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. 13 of 2011 concerning microscopic polyangiitis and death from microscopic polyangiitis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that microscopic polyangiitis and death from microscopic polyangiitis can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning microscopic polyangiitis 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 microscopic polyangiitis or death from microscopic polyangiitis, 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 microscopic polyangiitis or death from microscopic polyangiitis 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 25 June 2008 concerning polyarteritis nodosa (which incorporated microscopic polyangiitis) 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 polyarteritis nodosa in the Government Notices Gazette of 25 June 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. An eligible person lodged submissions on three separate occasions for consideration by the Authority during the investigation.
8. The determining of this new Instrument finalises the investigation in relation to polyarteritis nodosa as advertised in the Government Notices Gazette of 25 June 2008. The investigation concerning polyarteritis nodosa has resulted in the determination of Statements of Principles concerning polyarteritis nodosa and also Statements of Principles concerning microscopic polyangiitis. Microscopic polyangiitis is now being classified as a separate disease.
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. 13 of 2011 under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 establishes a Statement of Principles concerning microscopic polyangiitis and death from microscopic polyangiitis. This legislative instrument was introduced to provide clarity and evidence-based criteria for determining the eligibility of veterans for pensions or compensation related to microscopic polyangiitis, a condition that can be linked to specific service types. This initiative aims to ensure that claims are assessed fairly and in accordance with the sound medical-scientific evidence available. The Repatriation Medical Authority, as part of its role in interpreting the Acts, determined this Statement of Principles to formalise the conditions under which microscopic polyangiitis can be considered related to service, thereby affecting eligibility for benefits.
Scope and Application
The Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) together establish the framework for veterans and service personnel to claim pension or compensation for injuries or illnesses related to their service. The Repatriation Medical Authority (the Authority) has determined Statement of Principles Instrument No. 13 of 2011 concerning microscopic polyangiitis and death from microscopic polyangiitis, indicating that there is sufficient medical-scientific evidence to link these conditions to particular types of service. This determination sets out the minimum factors that must exist for a claim to be considered, related to operational, peacekeeping, hazardous, warlike, or non-warlike service. Claims for pension or compensation regarding microscopic polyangiitis or death from microscopic polyangiitis cannot be accepted unless they comply with this Statement of Principles, which applies to claims lodged after 1 June 1994 under the VEA and after 1 July 2004 under the MRCA. The Authority's decision finalises an investigation into polyarteritis nodosa, now distinguishing microscopic polyangiitis as a separate disease.
Key Provisions
The Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) serve as the primary legislative frameworks governing the entitlements and compensation for veterans and service personnel in Australia. Under these Acts, the Repatriation Medical Authority (the Authority) is tasked with determining Statements of Principles that establish the criteria necessary to link specific medical conditions to service rendered by veterans and service personnel. In this context, Statement of Principles Instrument No. 13 of 2011, concerning microscopic polyangiitis and death from microscopic polyangiitis, is a pivotal document (sections 196B(2) and 120A(3) of the VEA, and sections 338(3) and 196G of the MRCA). This Statement of Principles outlines the minimum factors that must exist and be related to specific types of service (operational, peacekeeping, hazardous, warlike, or non-warlike) to establish a connection between the condition and the service.
The obligations imposed by the Act on the parties involved are significant. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal must adhere to the criteria established by the Statement of Principles when assessing claims for pension or compensation. Specifically, any claim for pension under the VEA or compensation under the MRCA lodged after 1 June 1994 for the VEA and 1 July 2004 for the MRCA concerning microscopic polyangiitis or death from microscopic polyangiitis must be evaluated in light of this Statement of Principles (subsection 120A(3) of the VEA and subsection 338(3) of the MRCA). Claims that do not meet the criteria set out in the Statement of Principles will not be accepted.
Failure to comply with the requirements of the Statement of Principles can lead to significant consequences. The Acts provide that any claim not upheld by the Statement of Principles will not be considered by the relevant Commission or Tribunal. This means that veterans or service personnel who fail to meet the specified criteria will not be granted pension or compensation for their condition. The precise legal and administrative repercussions of such non-compliance are outlined in the Acts, ensuring that all claims are assessed uniformly and in accordance with the statutory requirements.