REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 104 of 2007
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. 104 of 2007 concerning peritoneal adhesions and death from peritoneal adhesions.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that peritoneal adhesions and death from peritoneal adhesions can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning peritoneal adhesions 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, peritoneal adhesions or death from peritoneal adhesions 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 peritoneal adhesions or death from peritoneal adhesions 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 of the 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 1 March 2006 concerning peritoneal adhesions 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 peritoneal adhesions in the Government Notices Gazette of 1 March 2006, 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. One submission was received for consideration by the Authority during the investigation.
8. The determining of this new instrument finalises the investigation in relation to peritoneal adhesions as advertised in the Government Notices Gazette of 1 March 2006.
9. 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 Instrument No. 104 of 2007, enacted under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of peritoneal adhesions and death from such adhesions among veterans and service personnel. The Act was introduced to fill the gap in existing legislation concerning the relationship between peritoneal adhesions and specific service conditions. The policy objective is to provide a clear framework for determining claims related to peritoneal adhesions, ensuring that these claims are assessed based on sound medical-scientific evidence. This instrument finalises an investigation that began in March 2006, inviting submissions from relevant organisations and experts to inform its decision-making process.
Scope and Application
The Repatriation Medical Authority Instrument No. 104 of 2007, concerning peritoneal adhesions and death from peritoneal adhesions, applies to eligible veterans and service personnel who rendered specific types of service and are seeking pension under the Veterans’ Entitlements Act 1986 or compensation under the Military Rehabilitation and Compensation Act 2004. This instrument sets out the medical-scientific factors that must exist and be related to particular kinds of service—eligible war service, defence service, or peacetime service—before it can be determined that peritoneal adhesions or death from peritoneal adhesions are connected to service circumstances. Claims for pension or compensation relating to peritoneal adhesions or death from peritoneal adhesions lodged on or after 1 June 1994 under the VEA or 1 July 2004 under the MRCA cannot be accepted unless this Statement of Principles upholds the claim. This legislation operates nationally across Australia, as it is an instrument of the Commonwealth, and extends its application through subordinate legislation under the VEA and MRCA.
Key Provisions
The Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) together form the legislative framework through which the Repatriation Medical Authority (the Authority) determines claims for pension or compensation related to specific medical conditions, such as peritoneal adhesions and death from peritoneal adhesions. The Authority, under section 196B(3) of the VEA, has issued Statement of Principles Instrument No. 104 of 2007 concerning these conditions. This statement sets out the criteria that must be met to establish a connection between peritoneal adhesions or death from peritoneal adhesions and certain types of service, including eligible war service, defence service, and peacetime service.
The obligations imposed by this Act on the parties involved are significant. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal cannot accept claims for pension or compensation related to peritoneal adhesions or death from peritoneal adhesions unless the claim adheres to the criteria outlined in the Statement of Principles. This means that for a claim to be valid, it must be lodged after the specified dates (1 June 1994 for VEA claims and 1 July 2004 for MRCA claims) and must align with the medical and service-related factors stipulated in the Statement of Principles.
Failure to comply with the provisions of the Act can result in serious consequences. The Authority’s determination, as outlined in the Statement of Principles, acts as a legal benchmark for assessing claims. Any claim that does not meet these criteria will be rejected. Furthermore, any entity or individual who attempts to circumvent these statutory requirements by submitting unsupported claims may face legal repercussions, including potential penalties. The specific penalties are not detailed in the provided explanatory statement but generally, non-compliance with legislative requirements can lead to both civil and criminal penalties, depending on the severity and intent of the breach.