REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 58 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles concerning narcolepsy No. 58 of 2005.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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 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, narcolepsy or death from narcolepsy 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 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 120B(3) VEA or subsection 339(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 now 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. 58 of 2005, concerning narcolepsy, was enacted to provide a clear framework for determining if claims for pension under the Veterans’ Entitlements Act 1986 or compensation under the Military Rehabilitation and Compensation Act 2004 related to narcolepsy or death from narcolepsy are valid. This legislation was introduced to address the need for a consistent and evidence-based approach to assessing claims connected to narcolepsy, ensuring that decisions are made based on the sound medical-scientific evidence available. The Authority, pursuant to the VEA and MRCA, determined these principles after conducting an investigation into the relationship between narcolepsy and specific kinds of service. The Authority examined the evidence and concluded that it is more probable than not that narcolepsy and death from narcolepsy can be related to particular kinds of service, hence the establishment of these principles to guide the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and the Administrative Appeals Tribunal in their assessments of related claims.
Scope and Application
The Repatriation Medical Authority Statement of Principles No. 58 of 2005 under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 clarifies the conditions under which veterans and service personnel can claim pension or compensation related to narcolepsy. This instrument applies to individuals who have rendered eligible war service, defence service, or peacetime service, as defined by the respective acts, and who are seeking compensation for narcolepsy or death from narcolepsy. The Statement of Principles outlines the specific factors that must exist and be related to the service to substantiate a claim. Importantly, any claim for pension or compensation related to narcolepsy or death from narcolepsy lodged after 1 June 1994 under the Veterans' Entitlements Act or after 1 July 2004 under the Military Rehabilitation and Compensation Act cannot be accepted unless it is upheld by this Statement of Principles. This legislation thus provides a clear framework for evaluating and adjudicating claims, ensuring that they are based on sound medical-scientific evidence and the defined criteria for service-related conditions.
Key Provisions
The Repatriation Medical Authority (the Authority) has issued Statement of Principles No. 58 of 2005 concerning narcolepsy, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA) (section 2). This Statement of Principles is designed to provide a framework for determining whether claims for pension or compensation related to narcolepsy can be linked to specific types of military service. The Authority has concluded that there is sufficient medical-scientific evidence to suggest that narcolepsy and death from narcolepsy can be related to certain kinds of service, thus necessitating the creation of this statement (section 2).
Under the provisions of the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA), claims for pension or compensation related to narcolepsy must be evaluated by the Repatriation Commission or the Military Rehabilitation and Compensation Commission (section 3). These claims can only be upheld if they align with the factors outlined in Statement of Principles No. 58 of 2005 (section 4). Specifically, the claim must demonstrate a connection between the narcolepsy or death from narcolepsy and the person's eligible war service (other than operational service), defence service (other than hazardous service), or peacetime service (section 4).
The obligations imposed by this Statement of Principles are stringent for both claimants and the Commissions responsible for evaluating claims. Claimants must provide evidence that satisfies the criteria set out in the Statement of Principles, while the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal are mandated to reject any claims that do not meet these criteria (section 5). Furthermore, any claims lodged on or after 1 June 1994 under the VEA, or 1 July 2004 under the MRCA, must be supported by this Statement of Principles to be considered valid (subsection 120B(3) VEA or subsection 339(3) MRCA) (section 5).
The consequences for non-compliance with the provisions of this Statement of Principles are significant. Any claim for pension or compensation related to narcolepsy that fails to adhere to the outlined criteria will be rejected by the relevant Commission (section 5). The Authority's determination is binding, and any subsequent legal challenges must still be grounded in the factors specified in Statement of Principles No. 58 of 2005. There are no explicit penalties mentioned in the explanatory notes, but the rejection of a claim based on non-compliance with the Statement of Principles could result in significant legal and financial consequences for claimants who are unable to satisfy the statutory requirements.