REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 45 of 2006
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(2) of the Veterans’ Entitlements Act 1986 (‘the VEA’), Statement of Principles concerning pulmonary barotrauma No. 45 of 2006.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that pulmonary barotrauma and death from pulmonary barotrauma can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning pulmonary barotrauma.
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 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;
warlike service under the MRCA;
non-warlike service under the MRCA,
before it can be said that a reasonable hypothesis has been raised connecting pulmonary barotrauma or death from pulmonary barotrauma, 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 pulmonary barotrauma or death from pulmonary barotrauma 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 120A(3) VEA or subsection 338(3) MRCA).
6. This new instrument results from the investigation concerning pulmonary barotrauma, notified by the Authority in the Government Notices Gazettes of 24 March 2004, in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence available to the Authority.
7. Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to pulmonary barotrauma in the Government Notices Gazette of 24 March 2004, 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.
8. Following the commencement of the MRCA, the Authority published a “Further Notice of Investigations” in the Government Notices Gazette of 14 July 2004, extending the closing date for submissions in relation to the above mentioned investigation until 10 September 2004. The Authority again invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA (who include persons eligible to make a claim under the MRCA), as well as the Military Rehabilitation and Compensation Commission and any person having expertise in the field.
9. One submission was received for consideration by the Authority during the investigation.
10. The determining of this new instrument finalises the investigation in relation to pulmonary barotrauma which was advertised in the Government Notices Gazettes of 24 March 2004.
11. 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, under the authority vested in it by the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, has issued Statement of Principles No. 45 of 2006 concerning pulmonary barotrauma. This legislation was enacted to address the medical-scientific evidence linking pulmonary barotrauma, including fatal cases, to specific types of military service, thus ensuring that veterans and their families can appropriately claim benefits. The enacting body, the Repatriation Medical Authority, conducted a thorough investigation into the condition, publishing notices and seeking submissions from relevant stakeholders, including veterans' organisations and experts in the field. This statement formalises the criteria necessary to establish a connection between service and pulmonary barotrauma, thereby guiding the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal in their assessment of claims. The policy objective is to provide a clear framework for determining eligibility for pensions and compensation related to this condition, ensuring that affected individuals receive the support they need.
Scope and Application
The Repatriation Medical Authority Statement of Principles No. 45 of 2006, concerning pulmonary barotrauma, applies to veterans and current or former service personnel who may have incurred pulmonary barotrauma during their service. The legislation, determined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, sets out the necessary criteria that must be met for a claim to be considered in relation to pulmonary barotrauma, including specific types of service such as operational, peacekeeping, hazardous, warlike, and non-warlike service. This Statement of Principles is mandatory for any claims lodged on or after 1 June 1994 under the VEA and 1 July 2004 under the MRCA, ensuring that the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, or Administrative Appeals Tribunal cannot accept claims unless they align with the outlined criteria. The Authority undertook a thorough investigation and invited submissions from relevant stakeholders before finalising this instrument, ensuring comprehensive consideration of the medical-scientific evidence related to pulmonary barotrauma.
Key Provisions
Under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), the Repatriation Medical Authority (the Authority) has issued Statement of Principles No. 45 of 2006 concerning pulmonary barotrauma (subsection 196B(2) VEA). This Statement of Principles outlines the minimum medical and service-related factors necessary to establish a reasonable hypothesis connecting pulmonary barotrauma or death from pulmonary barotrauma with specific types of service (section 4). The service types include operational service, peacekeeping service, hazardous service under the VEA, and warlike and non-warlike service under the MRCA. Claims for pension or compensation related to pulmonary barotrauma must align with these factors to be considered valid.
The obligations imposed by this Statement of Principles require claimants to provide evidence that their pulmonary barotrauma or death from pulmonary barotrauma is linked to the specified service types. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal cannot accept claims lodged on or after 1 June 1994 for the VEA and 1 July 2004 for the MRCA unless they are supported by this Statement of Principles (subsection 120A(3) VEA, subsection 338(3) MRCA). The Authority conducted an investigation and invited submissions from relevant parties to ensure that the Statement of Principles was based on sound medical-scientific evidence.
Failure to comply with the requirements of Statement of Principles No. 45 of 2006 may result in the rejection of claims for pension or compensation related to pulmonary barotrauma. This rejection would be based on the absence of the minimum factors specified in the Statement of Principles. Additionally, any claim not aligned with this Statement of Principles will not be accepted by the relevant authorities. The Authority's investigation and determination process aim to ensure that only valid claims are considered, thereby protecting the interests of both claimants and the government.