REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 6 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. 28 of 1998, determined under subsection 196B(3) of the VEA concerning psoriatic arthropathy.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 6 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 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, psoriatic arthropathy or death from psoriatic arthropathy 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 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. 6 of 2012, issued under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), aims to address the medical-scientific evidence linking psoriatic arthropathy with particular kinds of military service. The Authority has determined a Statement of Principles regarding psoriatic arthropathy, replacing the previously revoked Instrument No. 28 of 1998. This Statement of Principles sets out the criteria necessary to establish a connection between psoriatic arthropathy or death from the condition and service rendered, including eligible war service, defence service, and peacetime service. This instrument follows an investigation into psoriatic arthropathy, initiated by the Authority in June 2009 and finalised with this new instrument, which incorporates the latest revised format and updates to the definition and factors related to psoriatic arthropathy.
Scope and Application
The Repatriation Medical Authority Instrument No. 6 of 2012, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the relationship between psoriatic arthropathy and military service. The Instrument applies to veterans and current or former service personnel who may have contracted psoriatic arthropathy due to their service, encompassing eligible war service, defence service, and peacetime service as defined by the respective Acts. This legislation has a national reach, applying across Australia and is applicable to both the Commonwealth and the states and territories as governed by the Acts. The Instrument specifies the medical-scientific evidence required to establish a connection between psoriatic arthropathy and service, providing detailed factors that must be met for such a connection to be accepted. The Authority has determined this Statement of Principles to replace a previously revoked instrument, reflecting the latest medical-scientific evidence and updated legislative framework, including the commencement of the Military Rehabilitation and Compensation Act 2004. The Instrument clarifies the definitions and criteria for claims related to psoriatic arthropathy, including new factors concerning joint injuries and treatments, and aligns with human rights standards.
Key Provisions
The main operative sections of this legislation revolve around the establishment of a new Statement of Principles (Instrument No. 6 of 2012) concerning psoriatic arthropathy, replacing the previous Instrument No. 28 of 1998. Section 2 of the Explanatory Notes indicates that the Repatriation Medical Authority has determined this new Statement of Principles based on the available medical-scientific evidence, which suggests a probable connection between psoriatic arthropathy and certain types of service. Section 3 highlights that claims for compensation related to psoriatic arthropathy, sustained on or after 1 July 2004, are to be assessed by the Military Rehabilitation and Compensation Commission using these new principles. The new Statement of Principles, outlined in Section 4, details the specific factors that must be present and related to eligible war service, defence service, and peacetime service to establish a link between the service and psoriatic arthropathy or death from psoriatic arthropathy.
The obligations imposed by this Act on the relevant parties primarily concern the assessment and determination of claims related to psoriatic arthropathy. The Repatriation Medical Authority, as mentioned in Section 2, is tasked with determining Statements of Principles based on sound medical-scientific evidence, and these principles guide the Military Rehabilitation and Compensation Commission in assessing compensation claims. Section 4 places a responsibility on claimants to demonstrate that their psoriatic arthropathy or death from psoriatic arthropathy is connected to their service by showing the factors outlined in the new Statement of Principles. Furthermore, Section 5 explains that the Authority conducted an investigation into psoriatic arthropathy, examining available evidence and soliciting submissions from relevant organisations and individuals. This process ensures that the Statement of Principles is based on the most current and comprehensive evidence.
The legislation also outlines the consequences for non-compliance with the provisions of the Act. While specific offences and penalties are not explicitly stated in the text, breaches of the requirements to accurately determine and apply the Statement of Principles could lead to legal challenges and potential reviews by the Military Rehabilitation and Compensation Commission. The Authority's determination of the Statement of Principles is grounded in medical-scientific evidence, and any failure to adhere to this evidence or the procedures set out in the Act could result in invalid claims or the denial of compensation. The compatibility with human rights, as noted in Section 9, ensures that the process respects the rights and freedoms recognised in international instruments, although the specific implications of this compatibility are not detailed in the text.