REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 46 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles concerning pulmonary barotrauma No. 46 of 2006.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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 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, pulmonary barotrauma or death from pulmonary barotrauma 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 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 120B(3) VEA or subsection 339(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 now 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 Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) were enacted to provide pensions and compensation to veterans and their families, addressing the need for financial and medical support for those who have served in the Australian Defence Force. The Repatriation Medical Authority (the Authority) issued Statement of Principles No. 46 of 2006 concerning pulmonary barotrauma, identifying conditions under which such injuries or fatalities are likely connected to specific types of military service. This was necessitated by the need to provide clarity on the circumstances that link pulmonary barotrauma to particular kinds of service, ensuring that claims for pension or compensation are assessed accurately based on available medical-scientific evidence. The Authority, following a thorough investigation and consultation process, determined these principles to guide the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal in their evaluations of claims.
Scope and Application
The Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 provide the legislative framework for the determination of claims for pension and compensation related to specific service-connected conditions, including pulmonary barotrauma. The Repatriation Medical Authority, under these Acts, has issued Statement of Principles No. 46 of 2006 concerning pulmonary barotrauma. This statement specifies the medical and service-related criteria that must be met for a claim to be considered valid. It applies to individuals who have rendered eligible war service, defence service, or peacetime service, as defined under the respective Acts, and who have developed pulmonary barotrauma or died from it. Claims for pension or compensation lodged after the specified dates of 1 June 1994 under the VEA and 1 July 2004 under the MRCA must align with these newly established criteria to be accepted by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, or Administrative Appeals Tribunal. The Authority's determination concludes the investigation into pulmonary barotrauma and is instrumental in guiding the assessment and approval of related claims.
Key Provisions
The Repatriation Medical Authority, under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), has issued Statement of Principles No. 46 of 2006 concerning pulmonary barotrauma. This Statement of Principles outlines the specific circumstances and service conditions under which pulmonary barotrauma and death from pulmonary barotrauma can be deemed connected to particular kinds of service. These kinds of service include eligible war service (other than operational service) under the VEA, defence service (other than hazardous service) under the VEA, and peacetime service under the MRCA (Section 4). Any claim for pension or compensation related to pulmonary barotrauma or death from pulmonary barotrauma must be made in accordance with these criteria. Claims lodged on or after 1 June 1994 under the VEA and 1 July 2004 under the MRCA cannot be accepted unless they align with the factors outlined in this Statement of Principles (Section 5).
The Statement of Principles imposes specific obligations on claimants, requiring them to provide evidence that their pulmonary barotrauma or death from pulmonary barotrauma is connected to the service conditions outlined. These conditions must be substantiated by sound medical-scientific evidence, and the connection must be more probable than not. The Authority, in determining these claims, must adhere strictly to the evidence and factors outlined in this Statement of Principles. Claims that do not meet these criteria will not be accepted by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal.
Failure to comply with the provisions of this Statement of Principles can result in the rejection of claims for pension or compensation. Additionally, if a claim is found to have been made in bad faith or with fraudulent intent, there may be civil or criminal consequences. Under the VEA and MRCA, penalties for fraudulent claims can include fines and imprisonment. The maximum penalties for such offences are set out in the respective Acts, reflecting the seriousness with which fraudulent claims are treated. The Repatriation Medical Authority, therefore, has a responsibility to ensure that all claims are legitimate and supported by the necessary evidence.