REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 5 of 2012
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), revokes Instrument No. 27 of 1998, determined under subsection 196B(2) of the VEA concerning psoriatic arthropathy.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that psoriatic arthropathy and death from psoriatic arthropathy can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles, Instrument No. 5 of 2012 concerning psoriatic arthropathy. This Instrument will in effect replace the revoked Statement 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 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;
British nuclear test defence 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 psoriatic arthropathy or death from psoriatic arthropathy, with the circumstances of that service.
5. This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 24 June 2009 concerning psoriatic arthropathy 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 Instrument. Comparing this Instrument and the revoked Instrument, 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 'psoriatic arthropathy' in clause 3;
- revising factor 6(a) concerning 'having psoriasis';
- new factor 6(b) concerning 'a discrete injury to the affected joint';
- new factor 6(c) concerning 'being treated with efalizumab';
- new definitions of 'death from psoriatic arthropathy', 'ICD-10-AM code' and 'terminal event' in clause 9;
- revising definition of 'relevant service' in clause 9;
- deleting definitions of 'ICD code' and 'psoriasis'; 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 psoriatic arthropathy in the Government Notices Gazette of 24 June 2009, 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).
10. The determining of this Instrument finalises the investigation in relation to psoriatic arthropathy as advertised in the Government Notices Gazette of 24 June 2009.
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 Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Repatriation Medical Authority Instrument No. 5 of 2012 under the Veterans' Entitlements Act 1986 (VEA) and Military Rehabilitation and Compensation Act 2004 (MRCA) addresses the issue of psoriatic arthropathy and its connection to service rendered by veterans. The Authority revoked Instrument No. 27 of 1998 and replaced it with a new Statement of Principles concerning psoriatic arthropathy, following an investigation into the sound medical-scientific evidence available. The new Instrument outlines the factors that must exist to establish a reasonable hypothesis connecting psoriatic arthropathy or death from psoriatic arthropathy with particular kinds of service. The Authority determined this Instrument for the purposes of both the VEA and the MRCA, which came into effect on 1 July 2004. The 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).
Scope and Application
The Repatriation Medical Authority Instrument No. 5 of 2012, concerning psoriatic arthropathy, applies to service personnel who have rendered operational, peacekeeping, hazardous, or British nuclear test defence service under the Veterans' Entitlements Act 1986, as well as those who have undertaken warlike or non-warlike service under the Military Rehabilitation and Compensation Act 2004. This Instrument replaces the previously revoked Instrument No. 27 of 1998 and outlines the minimum factors necessary to establish a reasonable hypothesis connecting psoriatic arthropathy or death from psoriatic arthropathy with the service circumstances. It applies on a national level across Australia, with the Military Rehabilitation and Compensation Commission determining claims for compensation for injuries, diseases, or deaths occurring on or after 1 July 2004 by reference to the Statements of Principles issued by the Authority. The Authority undertook an investigation into psoriatic arthropathy, advertising its intention in the Government Notices Gazette of 24 June 2009, and invited submissions from relevant organisations and experts, although no submissions were received. The Instrument is compatible with human rights as recognised in international instruments and finalises the investigation into psoriatic arthropathy.
Key Provisions
The main sections of the Repatriation Medical Authority Instrument No. 5 of 2012, which addresses psoriatic arthropathy under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), include the revocation of previous instruments, the establishment of a new Statement of Principles, and the specification of service conditions that must be met to establish a connection between psoriatic arthropathy and military service. The Authority, under subsection 196B(8) of the VEA, has revoked Instrument No. 27 of 1998 concerning psoriatic arthropathy and replaced it with this new Statement of Principles, Instrument No. 5 of 2012 (section 2). This new instrument sets out the minimum factors that must exist, related to various types of service, to raise a reasonable hypothesis that psoriatic arthropathy or death from psoriatic arthropathy is connected to the service (section 4). The new Instrument also aligns with the commencement of the MRCA, meaning that claims for compensation from 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission using these Statements of Principles (section 3).
The Act imposes specific obligations on parties such as the Repatriation Medical Authority, the Military Rehabilitation and Compensation Commission, and claimants. The Authority must determine Statements of Principles based on sound medical-scientific evidence, and these principles guide the Commission in assessing compensation claims (sections 2 and 3). Claimants must ensure that their claims for compensation are substantiated by evidence that aligns with the criteria set out in the Statement of Principles. Additionally, the Authority is required to undertake investigations and consider submissions from relevant stakeholders, although in this instance, no submissions were received (section 8). The Authority is also mandated to ensure that the determinations are compatible with human rights and freedoms as recognised in international instruments (section 9).
The Repatriation Medical Authority Instrument No. 5 of 2012 does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, the broader legislative frameworks under which it operates, the VEA and the MRCA, do provide for various penalties and consequences for non-compliance. For instance, under the VEA, penalties can include fines and imprisonment for fraudulent claims or misrepresentation of facts. Similarly, under the MRCA, failure to comply with the provisions can result in civil and administrative penalties, including the recovery of compensation payments. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the overarching Acts.