REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 115 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 115 of 2011 concerning patellar tendinopathy and death from patellar tendinopathy.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(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, patellar tendinopathy or death from patellar tendinopathy 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 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 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 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. 115 of 2011, issued 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. This legislation aims to address the gap in the recognition and compensation of veterans who suffer from patellar tendinopathy, a condition linked to particular kinds of service. The Repatriation Medical Authority determined this Statement of Principles based on the available medical-scientific evidence, establishing the factors necessary to link the condition to specific service types, thus guiding the Repatriation Commission and the Military Rehabilitation and Compensation Commission in processing claims. This instrument ensures that any claims for pension or compensation related to patellar tendinopathy or death from the condition, lodged after the specified dates, must align with the factors outlined in this Statement of Principles.
Scope and Application
The Repatriation Medical Authority Instrument No. 115 of 2011, issued under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, pertains to claims concerning patellar tendinopathy and death from patellar tendinopathy. This instrument applies to individuals who have served in eligible war service, defence service, or peacetime service, and who may be seeking pension under the Veterans' Entitlements Act or compensation under the Military Rehabilitation and Compensation Act. The legislation mandates that claims for pension or compensation related to patellar tendinopathy or death from patellar tendinopathy, lodged on or after 1 June 1994 for the VEA and 1 July 2004 for the MRCA, cannot be accepted unless supported by this Statement of Principles. This instrument is applicable nationwide, governing the eligibility criteria for such claims by referencing specific service circumstances. The Authority's determination is based on sound medical-scientific evidence, which must establish a probable connection between the condition and the service rendered. The Authority's decision concludes the investigation into patellar tendinopathy as advertised in the Government Notices Gazette on 3 November 2010.
Key Provisions
The main operative sections of this legislation concern the determination of Statement of Principles Instrument No. 115 of 2011, which addresses patellar tendinopathy and death from patellar tendinopathy in relation to certain kinds of military service (subsection 196B(3) of the VEA). This Statement of Principles sets out the criteria that must be met to establish a connection between the service and the medical conditions in question. For example, it outlines the specific factors that need to be present and related to eligible war service, defence service, or peacetime service under the VEA or MRCA, respectively, before a claim can be considered valid (subsection 120B(3) of the VEA and subsection 339(3) of the MRCA).
The obligations and requirements imposed by this Act are primarily on the Repatriation Medical Authority, which must determine these Statements of Principles based on the sound medical-scientific evidence available. The Authority must also advertise its intention to investigate such conditions and invite submissions from relevant parties before making its determination. Additionally, any claim for pension or compensation related to patellar tendinopathy or death from patellar tendinopathy that was lodged after the specified dates must be assessed in accordance with these Statements of Principles. This means that the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal cannot accept claims that do not align with the criteria established by the Authority (subsection 120B(3) of the VEA and subsection 339(3) of the MRCA).
There are no specific offences, penalties, or civil/criminal consequences mentioned in the explanatory notes for breach of these provisions. However, the implications of non-compliance with the Statement of Principles could result in the rejection of claims for pension or compensation. This could potentially lead to disputes and appeals, which would be dealt with by the relevant tribunals according to the procedures outlined in the VEA and MRCA. The focus of the legislation is more on establishing clear criteria for the acceptance of claims rather than on imposing penalties for non-compliance.