REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 57 of 2005
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 concerning narcolepsy No. 57 of 2005.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that narcolepsy and death from narcolepsy can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning narcolepsy.
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 narcolepsy or death from narcolepsy, 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 narcolepsy or death from narcolepsy that was lodged on or after 1 June 1994 in the case of VEA, or 1 July 2004 in the case of MCRA respectively, unless this Statement of Principles upholds that claim (subsection 120A(3) VEA or subsection 338(3) MRCA).
6. This new instrument results from the investigation concerning narcolepsy, notified by the Authority in the Government Notices Gazettes of 28 January 2004 and 14 July 2004, 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 narcolepsy in the Government Notices Gazette of 28 January 2004, 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.
8. Following the commencement of the MRCA, the Authority published a “Further Notice of Investigations” in the Government Notices Gazette of 14 July 2004, extending the closing date for submissions in relation to the above mentioned investigation until 10 September 2004. The Authority again invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA (who include persons eligible to make a claim under the MRCA), as well as the Military Rehabilitation and Compensation Commission and any person having expertise in the field.
9. No submissions were received for consideration by the Authority during the investigation.
10. The determining of this new instrument finalises the investigation in relation to narcolepsy which was advertised in the Government Notices Gazettes of 28 January 2004 and 14 July 2004.
11. A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.
Overview
The Repatriation Medical Authority Statement of Principles No. 57 of 2005, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was introduced to address the issue of claims concerning narcolepsy among veterans. This legislation was enacted to ensure that any claim for pension or compensation related to narcolepsy or death from narcolepsy must be substantiated by sound medical-scientific evidence linking the condition to specific types of military service. The Authority, pursuant to these Acts, determined that such claims can only be considered if the service was operational, peacekeeping, hazardous, warlike, or non-warlike, as outlined in the Statement of Principles. Any claims lodged after the specified dates must adhere to these criteria to be accepted by the relevant authorities, namely the Repatriation Commission, the Military Rehabilitation and Compensation Commission, the Veterans’ Review Board, or the Administrative Appeals Tribunal. The Authority conducted an investigation and received no submissions, leading to the finalisation of these principles.
Scope and Application
The Statement of Principles No. 57 of 2005 issued by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 establishes criteria for linking narcolepsy or death from narcolepsy to service rendered by individuals. This statement is applicable to persons who have served in operational, peacekeeping, hazardous, warlike, or non-warlike service as defined by these acts. The geographic and jurisdictional reach of the Statement of Principles is national, applying to all veterans and service personnel within Australia. The Authority’s determination finalises an investigation into the medical-scientific evidence concerning narcolepsy, and it mandates that claims for pension or compensation related to narcolepsy lodged after specific dates must be supported by this Statement of Principles. Notably, no submissions were received during the investigation period, and the Authority’s determination ensures that claims for pension or compensation concerning narcolepsy or death from narcolepsy cannot be accepted unless they align with the outlined criteria.
Key Provisions
The Repatriation Medical Authority (RMA) has issued Statement of Principles No. 57 of 2005 concerning narcolepsy, as permitted under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (VEA). This Statement of Principles is a critical tool for determining eligibility for pensions or compensation claims related to narcolepsy, establishing the necessary medical-scientific evidence that links narcolepsy to specific types of service. The determination specifies that narcolepsy or death from narcolepsy can be related to particular kinds of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service, as defined under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).
The Statement of Principles delineates the minimum factors that must exist and be related to the specified types of service before a reasonable hypothesis can be raised connecting narcolepsy or death from narcolepsy with the circumstances of that service. The relevant authorities, such as the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal, cannot accept claims for pension or compensation relating to narcolepsy or death from narcolepsy unless they are supported by this Statement of Principles. For claims under the VEA, this applies to claims lodged on or after 1 June 1994, and for claims under the MRCA, it applies to claims lodged on or after 1 July 2004.
The process for determining these principles involved a thorough investigation, which was advertised in the Government Notices Gazette on 28 January 2004 and extended until 10 September 2004. The RMA invited submissions from various stakeholders, including the Repatriation Commission, organisations representing veterans, service personnel and their dependants, and any person with expertise in the field. However, no submissions were received for consideration during the investigation. This Statement of Principles marks the finalisation of the investigation concerning narcolepsy.
In terms of enforcement, any claim for pension or compensation related to narcolepsy or death from narcolepsy that does not align with the factors outlined in this Statement of Principles will not be accepted by the relevant authorities. The VEA and MRCA provide for specific civil and criminal penalties for any misuse of the provisions of these Acts. For example, knowingly making a false statement or providing false information in a claim can result in penalties under the relevant sections of the Acts, with maximum penalties including fines and imprisonment. The precise penalties would depend on the specific circumstances of the breach and the relevant legislative provisions.