REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 92 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(2) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 92 of 2010 concerning Morton's metatarsalgia and death from Morton's metatarsalgia.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that Morton's metatarsalgia and death from Morton's metatarsalgia can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning Morton's metatarsalgia 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 Morton's metatarsalgia or death from Morton's metatarsalgia, 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 Morton's metatarsalgia or death from Morton's metatarsalgia 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 30 June 2010 concerning Morton's neuroma 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 Morton's neuroma in the Government Notices Gazette of 30 June 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 Morton's neuroma as advertised in the Government Notices Gazette of 30 June 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. 92 of 2010, concerning Morton's metatarsalgia and death from Morton's metatarsalgia, was enacted under the authority of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument addresses the gap in existing legislation regarding the recognition of Morton's metatarsalgia as a condition related to particular kinds of military service, thus ensuring that veterans who suffer from this condition or who die from it can have their claims for pension or compensation assessed appropriately. The Authority determined this Statement of Principles to provide clarity and criteria for evaluating claims, ensuring that the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal can only accept claims lodged after the specified dates unless this Statement of Principles supports the claim. This legislative instrument was introduced to provide a formal basis for recognising the link between Morton's metatarsalgia and specific military services, thereby ensuring that affected veterans are adequately compensated.
Scope and Application
The Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) establish the legislative framework governing the entitlements of Australian veterans, including the provision of pensions and compensation. Specifically, the Repatriation Medical Authority Instrument No. 92 of 2010, concerning Morton's metatarsalgia, applies to individuals who served in operational, peacekeeping, or hazardous service under the VEA, as well as those involved in warlike or non-warlike service under the MRCA. This Act sets out the criteria that must be met to establish a connection between Morton's metatarsalgia or death from this condition and the circumstances of military service. Any claims for pension or compensation regarding Morton's metatarsalgia or death from it, lodged on or after 1 June 1994 under the VEA or 1 July 2004 under the MRCA, cannot be accepted unless supported by this Statement of Principles. The Authority's determination is based on sound medical-scientific evidence, and the Authority undertook a formal investigation, inviting submissions from relevant parties, although none were received in this instance. The application of this Act is national in scope, administered by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal.
Key Provisions
The main operative sections of this legislation (paragraphs 4 and 6) determine a Statement of Principles concerning Morton's metatarsalgia, which sets out the minimum factors that must exist for a reasonable hypothesis to be raised connecting this condition, or death from it, with service rendered by a person. These factors must be related to specific kinds of service, such as operational service, peacekeeping service, hazardous service, warlike service, and non-warlike service. This Statement of Principles is critical for claims for pension under the Veterans’ Entitlements Act 1986 (VEA) or compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA), as it must uphold any claims lodged on or after 1 June 1994 for the VEA, or 1 July 2004 for the MRCA.
The Act imposes obligations on various entities, including the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal, to ensure that any claim for pension or compensation related to Morton's metatarsalgia or death from it must be supported by this Statement of Principles. This requirement is stipulated under subsection 120A(3) of the VEA and subsection 338(3) of the MRCA, making the Statement of Principles a foundational element in the assessment of such claims. Additionally, the Repatriation Medical Authority (the Authority) must consider sound medical-scientific evidence when determining these Statements of Principles, as mandated by the VEA and MRCA.
Failure to adhere to the provisions outlined in this legislation can result in significant consequences. Claims for pension or compensation that do not align with the factors specified in the Statement of Principles are not accepted by the relevant commissions or tribunals. This stringent requirement ensures that only substantiated claims are processed, thereby maintaining the integrity of the compensation system. There are no explicit penalties stated in the text for non-compliance, but the legal framework implies that any claims not supported by the Statement of Principles are likely to be dismissed, potentially leaving claimants without recourse if they do not meet the statutory requirements.
The Authority's process of determining the Statement of Principles is thorough, involving an investigation into available medical-scientific evidence and soliciting submissions from relevant organisations and experts. This methodical approach ensures that the determination is well-founded and considers a broad range of perspectives. The lack of submissions during the investigation phase indicates that the Authority may have relied predominantly on existing evidence and expert opinion to formulate its decision. Finally, interested parties can access a list of references related to Morton's metatarsalgia by making a written request to the Repatriation Medical Authority, facilitating transparency and further inquiry into the condition and its implications for service personnel.