REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 114 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(2) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 114 of 2011 concerning patellar tendinopathy and death from patellar tendinopathy.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that patellar tendinopathy and death from patellar tendinopathy can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning patellar tendinopathy 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 patellar tendinopathy or death from patellar tendinopathy, 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 patellar tendinopathy or death from patellar tendinopathy 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 3 November 2010 concerning patellar tendinopathy 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 patellar tendinopathy in the Government Notices Gazette of 3 November 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 patellar tendinopathy as advertised in the Government Notices Gazette of 3 November 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. 114 of 2011, concerning patellar tendinopathy and death from patellar tendinopathy, was enacted to address the gap in addressing claims related to these conditions in veterans and service personnel. This Instrument, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, sets out the minimum factors necessary to establish a reasonable hypothesis connecting patellar tendinopathy or death from patellar tendinopathy to specific types of military service. The Repatriation Medical Authority determined this Statement of Principles based on sound medical-scientific evidence, providing clarity and criteria for claims related to these conditions. This legislation ensures that claims for pension or compensation concerning patellar tendinopathy or death from patellar tendinopathy can only be considered if they are supported by this Statement of Principles, thereby ensuring that such claims are substantiated and fairly assessed.
Scope and Application
The Repatriation Medical Authority Instrument No. 114 of 2011, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishes a Statement of Principles concerning patellar tendinopathy and death from patellar tendinopathy, specifying the medical-scientific evidence linking these conditions to particular kinds of military service. This Instrument applies to individuals who served in operational, peacekeeping, or hazardous service under the VEA or warlike and non-warlike service under the MRCA. The Authority's determination is mandatory for any claim for pension or compensation related to patellar tendinopathy or death from patellar tendinopathy lodged after 1 June 1994 for the VEA or 1 July 2004 for the MRCA. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal cannot accept such claims without the support of this Statement of Principles. This legislative instrument concludes an investigation into the condition, with no submissions received during the investigation phase.
Key Provisions
The main operative sections of the Repatriation Medical Authority Instrument No. 114 of 2011 concern the determination of a Statement of Principles regarding patellar tendinopathy and death from patellar tendinopathy (subsection 196B(2) of the Veterans’ Entitlements Act 1986). This instrument establishes the specific factors that must exist and be related to certain types of service to connect these conditions to the service circumstances. These factors are crucial in determining eligibility for claims under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. Claims for pension or compensation related to patellar tendinopathy or death from patellar tendinopathy that were lodged after 1 June 1994 or 1 July 2004, respectively, cannot be accepted unless this Statement of Principles upholds the claim (subsection 120A(3) of the VEA and subsection 338(3) of the MRCA).
The obligations imposed by this Act primarily involve the Repatriation Medical Authority’s responsibility to thoroughly investigate and determine the connection between patellar tendinopathy or death from patellar tendinopathy and specific service types. This includes examining the available medical-scientific evidence and consulting relevant organisations and experts. Additionally, the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal must rely on this Statement of Principles when evaluating claims. Furthermore, the Authority must notify and invite submissions from relevant parties, including organisations representing veterans and service personnel, during the investigation phase.
Failure to adhere to the provisions of this Act can result in significant consequences. Claims for pension or compensation related to patellar tendinopathy or death from patellar tendinopathy that do not meet the criteria outlined in the Statement of Principles will be rejected. No specific penalties are mentioned in the explanatory notes, but the rejection of claims based on non-compliance with the established factors can lead to denial of benefits to eligible veterans and their dependants. Additionally, any claim lodged without the necessary connection to the specified service types will not be accepted, thereby denying affected individuals the potential benefits they might otherwise be entitled to under the VEA and MRCA.