REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 93 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 93 of 2010 concerning Morton's metatarsalgia and death from Morton's metatarsalgia.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(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, Morton's metatarsalgia or death from Morton's metatarsalgia 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 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 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 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. 93 of 2010 is an instrument under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) that addresses the issue of Morton's metatarsalgia and death from this condition in relation to particular kinds of military service. Enacted in 2010, this instrument was developed in response to a need for a definitive Statement of Principles to guide claims for pension or compensation related to Morton's metatarsalgia. The Authority, operating under the VEA and MRCA, has determined that such claims must align with the factors set out in this new Instrument, which outlines the necessary conditions for a connection between the condition and specific types of service, including eligible war service, defence service, and peacetime service. This legislation aims to ensure that claims are assessed based on sound medical-scientific evidence and the established criteria, thereby providing clarity and consistency in the claims process.
Scope and Application
The Repatriation Medical Authority Instrument No. 93 of 2010, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishes a Statement of Principles concerning Morton's metatarsalgia and death from Morton's metatarsalgia. This instrument applies to veterans and service personnel who may be eligible for pensions or compensation claims under the respective Acts. The Authority has concluded that there is a probable connection between Morton's metatarsalgia, death from this condition, and certain types of service including eligible war service, defence service, and peacetime service. This determination is crucial for any claims lodged on or after 1 June 1994 under the VEA or 1 July 2004 under the MRCA, as these claims cannot be accepted unless they align with the factors outlined in this new Statement of Principles. The Authority’s decision is based on a thorough examination of available medical-scientific evidence and follows a formal investigation process that included public notification and an invitation for submissions, although none were received.
Key Provisions
The main provisions of Statement of Principles Instrument No. 93 of 2010, as determined by the Repatriation Medical Authority (RMA), concern the relationship between Morton's metatarsalgia, death from Morton's metatarsalgia, and certain types of military service (paragraph 4). According to the RMA, on the balance of probabilities, Morton's metatarsalgia or death from Morton's metatarsalgia can be related to specific kinds of service: eligible war service (other than operational service) under the Veterans’ Entitlements Act 1986 (VEA); defence service (other than hazardous service) under the VEA; and peacetime service under the Military Rehabilitation and Compensation Act 2004 (MRCA). This means that in order for a claim for pension under the VEA or compensation under the MRCA to be upheld, it must be shown that the condition is connected with the circumstances of the relevant service (paragraph 5).
The obligations imposed on parties or entities by this legislation primarily revolve around the requirement to adhere to the criteria set out in the Statement of Principles when making claims for pension or compensation related to Morton's metatarsalgia or death from Morton's metatarsalgia (paragraph 5). Any claim lodged on or after 1 June 1994 for pension under the VEA, or 1 July 2004 for compensation under the MRCA, must be supported by this Statement of Principles, otherwise it 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 ensures that claims are assessed based on the sound medical-scientific evidence available and the specific circumstances of the service rendered by the claimant.
Any breach of the requirements outlined in the Statement of Principles Instrument No. 93 of 2010 could potentially lead to civil or criminal consequences. However, the specific offences, penalties, or consequences are not detailed in the explanatory notes. It is possible that failure to adhere to the criteria set out in the Statement of Principles when making claims for pension or compensation could result in the claim being rejected or the claimant facing legal action. Additionally, the RMA has the authority to investigate claims and determine whether they meet the criteria set out in the Statement of Principles, and may take action against claimants who provide false or misleading information. The maximum penalties for any potential offences are not specified in the explanatory notes.