Statement of Principles concerning pes planus No. 46 of 2012

Administered by Department of Veterans' Affairs

Legislation au F2012L01364 Not in force Legislative Instrument

Legislation content

REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 46 of 2012

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA), revokes Instrument No. 62 of 2001, as amended by Instrument No. 6 of 2002, determined under subsection 196B(3) of the VEA concerning pes planus.

 

2.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that pes planus and death from pes planus can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(3) of the VEA a Statement of Principles, Instrument No. 46 of 2012 concerning pes planus.  This Instrument will in effect replace the revoked Statements of Principles.

 

3.             The provisions of the Military Rehabilitation and Compensation Act 2004 (the MRCA) relating to claims for compensation commenced on 1 July 2004.  Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by 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, pes planus or death from pes planus is connected with the circumstances of that service.

 

5.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 30 June 2010 concerning pes planus 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.

 

6.             The contents of this Instrument are in similar terms as the revoked Instruments.  Comparing this Instrument and the revoked Instruments, the differences include:

 

  • adopting the latest revised Instrument format, which commenced in 2005;
  • deleting the ICD code from the Instrument header;
  • revising the definition of 'pes planus' in clause 3;
  • revising factor 6(a)(i) concerning 'having a fracture of one or more tarsal or metatarsal bones' for acquired pes planus only;
  • revising factor 6(a)(ii) concerning 'a subluxation, or dislocation of one or more of the tarsal or tarso-metatarsal joints' for acquired pes planus only;
  • revising factor 6(a)(iii) concerning 'a discrete ligamentous, muscular or tendon injury' for acquired pes planus only;
  • revising factor 6(a)(iv) concerning 'weakness or paralysis of supinators or small muscles of the sole of the affected foot' for acquired pes planus only;
  • revising factor 6(a)(v) concerning 'tightening of pronators of the affected foot' for acquired pes planus only;
  • revising factor 6(a)(vi) concerning 'arthritis or other destructive lesion' for acquired pes planus only;
  • revising factor 6(a)(vii) concerning 'rupture or division of the plantar fascia of the affected foot' for acquired pes planus only;
  • revising factor 6(a)(viii) concerning 'a space occupying lesion' for acquired pes planus only;
  • new factor 6(a)(ix) concerning 'being obese' for acquired pes planus only;
  • revising factor 6(b) concerning 'having a fracture of one or more tarsal or metatarsal bones' for clinical worsening;
  • revising factor 6(c) concerning 'a subluxation, or dislocation of one or more of the tarsal or tarso-metatarsal joints' for clinical worsening;
  • revising factor 6(d) concerning 'a discrete ligamentous, muscular or tendon injury' for clinical worsening;
  • revising factor 6(e) concerning 'weakness or paralysis of supinators or small muscles of the sole of the affected foot' for clinical worsening;
  • revising factor 6(f) concerning 'tightening of pronators of the affected foot' for clinical worsening;
  • revising factor 6(g) concerning 'arthritis or other destructive lesion' for clinical worsening;
  • revising factor 6(h) concerning 'rupture or division of the plantar fascia of the affected foot' for clinical worsening;
  • revising factor 6(i) concerning 'a space occupying lesion' for clinical worsening;
  • new factor 6(j) concerning 'being obese' for clinical worsening;
  • new factor 6(k) concerning 'running' for clinical worsening;
  • new factor 6(l) concerning 'walking while carrying loads' for clinical worsening;
  • new definition of 'being obese' in clause 9;
  • revising the definitions of 'ICD-10-AM code' and 'relevant service' in clause 9; and
  • specifying a date of effect for the Instrument in clause 11.

 

7.             Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

 

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to pes planus 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.

 

9.             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.

 

10.         The determining of this Instrument finalises the investigation in relation to pes planus as advertised in the Government Notices Gazette of 30 June 2010.

 

11.         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. 46 of 2012

Kind of Injury, Disease or Death:  Pes planus

 

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 pes planus;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • outlines the factors which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, pes planus is connected with the circumstances of eligible service rendered by a person, as set out in clause 4 of the Explanatory Notes;
  • replaces Instrument No. 62 of 2001, as amended by Instrument No. 6 of 2002; and
  • reflects developments in the available sound medical-scientific evidence concerning pes planus which have occurred since that earlier instrument was determined. 

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. 46 of 2012, enacted to address the need for updated medical-scientific evidence regarding pes planus and its connection to particular kinds of military service, was introduced by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986. This legislative instrument revokes previous statements of principles concerning pes planus and replaces them with a new Statement of Principles based on the latest available medical-scientific evidence. The objective of this instrument is to facilitate claims for medical treatment and compensation by specifying the conditions under which such benefits can be extended to eligible individuals who have pes planus. Furthermore, it aims to enhance the assessment and review processes for these claims by the Repatriation Commission, Veterans' Review Board, and Administrative Appeals Tribunal. The instrument also reflects developments in medical evidence since the previous statements were determined, ensuring that the criteria for eligibility are reasonable, proportionate, and transparent.

Scope and Application

The Repatriation Medical Authority Instrument No. 46 of 2012, concerning pes planus, applies to eligible veterans and Defence Force members, including those under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It is intended to facilitate the process of making and assessing claims for compensation related to pes planus, by outlining the medical factors that must exist to establish a connection between the condition and eligible service. The Instrument revokes the previous Instrument No. 62 of 2001, as amended by Instrument No. 6 of 2002, and incorporates the latest revisions based on available medical-scientific evidence. The Instrument is applicable on a national level, as it pertains to federal legislation and the provision of benefits under the VEA and MRCA. It does not specify any exclusions or exemptions, but it does provide a threshold in the form of the listed factors that must be present to establish a connection between pes planus and service. The Authority may extend or restrict the application of this Instrument through subordinate instruments or regulations as necessary. 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, as it does not derogate from any human rights and promotes the rights of veterans, current and former Defence Force members, and their dependents, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The Instrument facilitates the assessment and determination of benefits and compensation related to treatment and rehabilitation, which in turn supports the rights of persons with disabilities.

Key Provisions

The key provisions of the Repatriation Medical Authority Instrument No. 46 of 2012 (the Instrument), determined under the Veterans' Entitlements Act 1986 (VEA), relate to the circumstances under which pes planus (flat foot) can be considered to be related to service and therefore qualify for medical treatment and compensation. This Instrument replaces previous Statements of Principles on pes planus (Instrument No. 62 of 2001, as amended by Instrument No. 6 of 2002) and incorporates updated medical-scientific evidence. It sets out specific factors that must exist and be related to eligible service to establish a connection between pes planus and the service, on the balance of probabilities. These factors include various types of injuries, diseases, and conditions that can contribute to the development or worsening of pes planus. The Instrument imposes obligations on claimants, the Repatriation Commission, the Veterans' Review Board, and the Administrative Appeals Tribunal. Claimants must provide evidence that the factors outlined in the Instrument are related to their service. The Repatriation Commission must assess claims in accordance with the criteria set out in the Instrument, and the Veterans' Review Board and Administrative Appeals Tribunal have the responsibility to review decisions made by the Repatriation Commission. The Instrument also facilitates the review process by outlining the factors that must be considered. There are no specific offences or penalties outlined in the Instrument itself. However, failure to comply with the requirements of the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA) in relation to claims for compensation may result in civil or criminal consequences. For example, making a false statement or providing false information in a claim may be considered an offence under section 324 of the MRCA, which carries a maximum penalty of 2,000 penalty units (currently AUD 210,000) or imprisonment for five years, or both. Additionally, providing false or misleading information with the intent to obtain a benefit may be considered fraud, which carries more severe penalties under the Criminal Code Act 1995. In summary, the Repatriation Medical Authority Instrument No. 46 of 2012 sets out the criteria for determining a connection between pes planus and service for the purposes of medical treatment and compensation under the VEA and the MRCA. It imposes obligations on claimants, the Repatriation Commission, and the review bodies, and while it does not specify penalties, failure to comply with the relevant Acts may result in civil or criminal consequences.

Legal classification tags

Area of Law
Veterans’ Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Licensing & Registration
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.