REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 14 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 14 of 2011 concerning microscopic polyangiitis and death from microscopic polyangiitis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(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, microscopic polyangiitis or death from microscopic polyangiitis 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 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 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 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. 14 of 2011, concerning microscopic polyangiitis and death from microscopic polyangiitis, was enacted under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument was developed to address the gap in existing legislation regarding the connection between microscopic polyangiitis, a specific medical condition, and military service. The instrument aims to provide clarity and guidance on the circumstances under which this condition can be considered related to service, thus affecting eligibility for pension or compensation claims. The Repatriation Medical Authority, as the enacting body, determined that, based on available medical-scientific evidence, it is more probable than not that microscopic polyangiitis and death from microscopic polyangiitis can be related to particular kinds of service. The policy objective behind this instrument is to ensure that claims for pension or compensation are assessed accurately and fairly, with a clear understanding of the medical conditions involved.
Scope and Application
The Repatriation Medical Authority Instrument No. 14 of 2011, under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), establishes a Statement of Principles regarding microscopic polyangiitis and death from microscopic polyangiitis, asserting that these conditions can be related to particular types of service with a balance of probability. This determination is critical for the assessment of claims for pension or compensation by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal. Any claim for pension or compensation concerning microscopic polyangiitis or death from microscopic polyangiitis lodged after 1 June 1994 under the VEA or 1 July 2004 under the MRCA must align with this Statement of Principles. This legislative instrument applies to eligible veterans and service personnel, specifically those who have rendered eligible war service, defence service, or peacetime service, and is subject to the jurisdictions governed by the VEA and MRCA. The Authority's determination concludes the investigation into polyarteritis nodosa, which now includes separate Statements of Principles for polyarteritis nodosa and microscopic polyangiitis.
Key Provisions
The main operative sections of this legislation, namely the Repatriation Medical Authority Instrument No. 14 of 2011 concerning microscopic polyangiitis and death from microscopic polyangiitis, are found in the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Section 196B(3) of the VEA provides the basis for the Repatriation Medical Authority's (the Authority) determination of the Statement of Principles Instrument. This Instrument outlines the conditions under which microscopic polyangiitis and death from microscopic polyangiitis can be considered related to particular kinds of service. The Instrument sets out the factors that must exist and be related to the service in question, including eligible war service, defence service, and peacetime service, to establish a connection with microscopic polyangiitis or death from microscopic polyangiitis. Claims for pension or compensation related to these conditions must be supported by this Statement of Principles.
The obligations and requirements imposed by this Act on the parties involved are primarily concerned with the assessment and determination of claims. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal are mandated to consider the Statement of Principles when evaluating claims for pension or compensation. They are not permitted to accept any claim for pension or compensation related to microscopic polyangiitis or death from microscopic polyangiitis lodged on or after 1 June 1994 for the VEA or 1 July 2004 for the MRCA unless it is upheld by this Statement of Principles. The Authority is also required to ensure that the determination of the Instrument is based on sound medical-scientific evidence and involves consultation with relevant stakeholders, including veterans' organisations and experts in the field.
Any breach of the provisions outlined in this Instrument can result in civil or criminal consequences. The maximum penalties for such breaches are not explicitly stated in the explanatory notes. However, the failure to adhere to the requirements of the Instrument could potentially lead to the rejection of valid claims for pension or compensation, which could be considered a civil consequence. Additionally, if the breach involves fraudulent activity or deliberate misrepresentation of facts, it could potentially lead to criminal penalties under the relevant Acts, although these are not specified in the explanatory notes.
In summary, this legislation mandates the Repatriation Medical Authority to determine the conditions under which microscopic polyangiitis and death from microscopic polyangiitis can be related to particular kinds of service, setting out the factors that must exist and be related to the service in question. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal are required to consider these Statement of Principles when assessing claims. Failure to comply with these provisions could result in civil consequences, such as the rejection of valid claims, and potentially criminal penalties for fraudulent or deliberately misleading conduct.