Statement of Principles concerning periodontal abscess No. 50 of 2013

Administered by Department of Veterans' Affairs

Legislation au F2013L01131 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 50 of 2013

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. 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. 50 of 2013 concerning periodontal abscess and death from periodontal abscess.

 

2.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that periodontal abscess and death from periodontal abscess can be related to particular kinds of service.  The Authority has therefore determined this Statement of Principles concerning periodontal abscess 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 and British nuclear test defence service) under the VEA;

 peacetime service under the MRCA,

 

before it can be said that, on the balance of probabilities, periodontal abscess or death from periodontal abscess 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 periodontal abscess or death from periodontal abscess 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 periodontitis in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.

 

7.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to periodontitis 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.             This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A Statement of Compatibility with Human Rights follows.

 

9.             The determining of this new Instrument finalises the investigation in relation to periodontitis as advertised in the Government Notices Gazette of 30 June 2010.

 

10.         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

GPO Box 1014

BRISBANE    QLD    4001


Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

Instrument No.:   Statement of Principles No. 50 of 2013

Kind of Injury, Disease or Death: Periodontal abscess

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

1. This Legislative Instrument is determined pursuant to subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).

2. This Legislative Instrument:-

  • facilitates claimants in making, and the Repatriation Commission in assessing, claims under the VEA and the MRCA respectively, by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have periodontal abscess;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal; and
  • outlines the factors which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, periodontal abscess is connected with the circumstances of eligible service rendered by a person, as set out in clause 4 of the Explanatory Notes.

3. The Instrument is assessed as being a technical instrument which improves the medico-scientific quality of outcomes under the VEA and the MRCA. 

Human Rights Implications

4. This Legislative Instrument does not derogate from any human rights. It promotes the human rights of veterans, current and former Defence Force members as well as other persons such as their dependents, including:

  • the right to social security (Art 9, International Covenant on Economic, Social and Cultural Rights; Art 26, Convention on the Rights of the Child and Art 28, Convention on the Rights of Persons with Disabilities) by helping to ensure that the qualifying conditions for the benefit are 'reasonable, proportionate and transparent'[1];
  • the right to an adequate standard of living (Art 11, ICSECR; Art 27, CRC and Art 28, CRPD) by facilitating the assessment and determination of social security benefits;
  • the right to the enjoyment of the highest attainable standard of physical and mental health (Art 12, ICSECR and Art 25, CRPD), by facilitating the assessment and determination of compensation and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members; and
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD).

Conclusion

This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights.

 

Repatriation Medical Authority

 

 

 

 

 

 

[1] In General Comment No. 19 (The right to social security), the Committee on Economic, Social and Cultural Rights said (at paragraph 24) this to be one of the elements of ensuring accessibility to social security.

Overview

The Repatriation Medical Authority Instrument No. 50 of 2013, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of periodontal abscess and death from periodontal abscess, establishing a Statement of Principles to guide the assessment of related claims. Enacted by the Repatriation Medical Authority, this legislative instrument aims to facilitate the assessment and review of claims by veterans and service personnel for pensions or compensation. The policy objective is to ensure that claims are processed in line with current medical-scientific evidence, promoting transparency and fairness in the determination of benefits. By specifying the circumstances under which periodontal abscess can be linked to service, the instrument helps to uphold veterans' rights to social security and an adequate standard of living. This legislative instrument ensures compatibility with human rights, supporting the rights of veterans, their families, and other affected individuals.

Scope and Application

The Repatriation Medical Authority Instrument No. 50 of 2013, established under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, concerns periodontal abscess and death from periodontal abscess. This legislation applies to eligible veterans and service personnel, specifically those who served in eligible war service (other than operational service), defence service (other than hazardous service and British nuclear test defence service), or peacetime service, as defined by these acts. The legislation stipulates that claims for pension or compensation related to periodontal abscess or death from periodontal abscess, lodged on or after 1 June 1994 for the VEA and 1 July 2004 for the MRCA, can only be accepted if they are upheld by this Statement of Principles. The legislation does not specify any exclusions or thresholds but relies on the sound medical-scientific evidence to determine eligibility. Additionally, this instrument may be extended or restricted through subordinate instruments as needed.

Key Provisions

The Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) are governed by the Repatriation Medical Authority (RMA) which determines Statements of Principles concerning medical conditions and injuries related to service. In this instance, Statement of Principles Instrument No. 50 of 2013 addresses periodontal abscess and death from periodontal abscess (Sections 1-10). These provisions outline the specific circumstances under which a connection between periodontal abscess and the service rendered by an individual can be acknowledged, thereby facilitating claims for pensions or compensation. The RMA’s determination, under subsection 196B(3) of the VEA, provides the necessary criteria that must be met for a claim to be considered valid. The obligations imposed by these provisions include the necessity for claimants to adhere to the specific criteria set out in the Statement of Principles when making claims for pension or compensation. The RMA’s determination must be referenced in any claim lodged under the VEA or MRCA to ensure that the claim aligns with the medical-scientific evidence deemed sufficient by the Authority. Claims must be lodged with the Repatriation Commission or the Military Rehabilitation and Compensation Commission, which then assess the claim based on the criteria stipulated in the Statement of Principles (Sections 4 and 5). These provisions ensure that only claims meeting the specified conditions are considered, thereby maintaining the integrity and fairness of the claims process. Failure to adhere to the criteria outlined in the Statement of Principles can result in the rejection of claims for pension or compensation. Specifically, any claim for pension under the VEA or compensation under the MRCA that was lodged after 1 June 1994 for the VEA or 1 July 2004 for the MRCA will not be accepted unless it is upheld by the relevant Statement of Principles (subsections 120B(3) of the VEA and 339(3) of the MRCA). This strict adherence to the specified criteria ensures that benefits are only awarded in cases where the evidence strongly supports a connection between the periodontal abscess and the service rendered. The penalties for non-compliance with these provisions primarily involve the denial of benefits for those whose claims do not meet the specified conditions.

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