REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 82 of 2010
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 Instrument No. 82 of 2010 concerning rapidly progressive crescentic glomerulonephritis and death from rapidly progressive crescentic glomerulonephritis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that rapidly progressive crescentic glomerulonephritis and death from rapidly progressive crescentic glomerulonephritis can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning rapidly progressive crescentic glomerulonephritis pursuant to subsection 196B(3) of the VEA.
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, rapidly progressive crescentic glomerulonephritis or death from rapidly progressive crescentic glomerulonephritis 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 rapidly progressive crescentic glomerulonephritis or death from rapidly progressive crescentic glomerulonephritis that was lodged on or after 1 June 1994 in the case of the VEA, or 1 July 2004 in the case of the MRCA respectively, unless this Statement of Principles upholds that claim (subsection 120B(3) of the VEA or subsection 339(3) of the MRCA).
6. This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 13 January 2010 concerning rapidly progressive crescentic glomerulonephritis 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 rapidly progressive crescentic glomerulonephritis in the Government Notices Gazette of 13 January 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. One submission was received for consideration by the Authority during the investigation.
8. The determining of this new Instrument finalises the investigation in relation to rapidly progressive crescentic glomerulonephritis as advertised in the Government Notices Gazette of 13 January 2010.
9. 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 Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 were enacted to provide a framework for pensions and compensation for veterans and service personnel in Australia. The Repatriation Medical Authority Instrument No. 82 of 2010, issued under these Acts, addresses the specific condition of rapidly progressive crescentic glomerulonephritis and its connection to service. The Authority, pursuant to these Acts, has determined that on the balance of probabilities, this condition can be related to particular kinds of service, thus allowing claims to be assessed. This instrument was created to formalise the relationship between the condition and service, thereby guiding the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal in handling claims lodged post-1 June 1994 for the VEA and post-1 July 2004 for the MRCA. The policy objective is to ensure that claims are assessed based on sound medical-scientific evidence, facilitating fair and informed decisions regarding entitlements.
Scope and Application
The Repatriation Medical Authority Instrument No. 82 of 2010, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishes a Statement of Principles concerning rapidly progressive crescentic glomerulonephritis and death from this condition. This legislation applies to veterans and service personnel who may claim pension or compensation related to these medical conditions, provided their service falls under eligible war service, defence service, or peacetime service as defined by the Acts. The determination is applicable nationally in Australia and is a direct consequence of an investigation initiated by the Authority, which involved an extensive review of medical-scientific evidence. This new Instrument ensures that any claim lodged after 1 June 1994 under the Veterans' Entitlements Act, or after 1 July 2004 under the Military Rehabilitation and Compensation Act, must be substantiated by the newly established Statement of Principles to be considered valid. The Authority has ensured transparency by advertising its investigation intentions and inviting relevant submissions, thereby providing a structured process for claims related to these specific medical conditions.
Key Provisions
The Repatriation Medical Authority has issued Statement of Principles Instrument No. 82 of 2010 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), focusing on rapidly progressive crescentic glomerulonephritis and death from this condition (sections 2 and 4). This Statement of Principles outlines the necessary factors that must exist, and must be related to specific types of service, for a claim to be considered valid (section 4). Specifically, 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 are the relevant categories of service (section 4).
The Authority must be satisfied that the factors are connected to the circumstances of the service on the balance of probabilities for the claim to be upheld (section 4). Claims for pension under the VEA or compensation under the MRCA, lodged after 1 June 1994 for the VEA and 1 July 2004 for the MRCA, cannot be accepted unless the Statement of Principles supports them (sections 5, 120B(3) of the VEA and 339(3) of the MRCA). This requirement ensures that the claims are based on the medical evidence and related to the specified service types as outlined in the Statement of Principles.
The Authority conducted an investigation into rapidly progressive crescentic glomerulonephritis, notified in the Government Notices Gazette of 13 January 2010 (section 6). The investigation involved reviewing the available sound medical-scientific evidence and inviting submissions from relevant stakeholders, including the Repatriation Commission and organisations representing veterans and service personnel (sections 6 and 7). The finalisation of this Instrument concludes the investigation, ensuring that the evidence and stakeholder input have been considered in determining the connection between the condition and the service (section 8).
Breaches of the provisions regarding the Statement of Principles and the conditions for claim acceptance may lead to legal consequences, as the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal are bound by these requirements. Failure to adhere to the Statement of Principles could result in invalid claims, potentially leading to disputes and legal challenges regarding the validity of the claims. The penalties for non-compliance are not explicitly stated in the text, but they may include the dismissal of claims and subsequent appeals or reviews.