REPATRIATION MEDICAL AUTHORITY

INSTRUMENT NO. 27 of 2010

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

EXPLANATORY NOTES FOR TABLING

1. The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA) revokes Instrument No. 18 of 1998 determined under subsection 196B(3) of the VEA concerning Reiter's syndrome and death from Reiter's syndrome.

2.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that reactive arthritis and death from reactive arthritis 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. 27 of 2010 concerning reactive arthritis.  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) under the VEA;

 peacetime service under the MRCA,

before it can be said that, on the balance of probabilities, reactive arthritis or death from reactive arthritis is connected with the circumstances of that service.

5.             This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 24 June 2009 concerning Reiter's syndrome 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 the new Instrument are in similar terms as the revoked Instrument.  Comparing the new and the revoked Instruments, the differences include:

• adopting the latest revised Instrument format, which commenced in 2005;
• deleting the ICD code from the Instrument header;
• changing the name of the Instrument from 'Reiter's syndrome' to 'reactive arthritis';
• revising the definition of 'reactive arthritis' in clause 3;
• revising factor 6(a) concerning 'infection as specified';
• new factor 6(b) concerning 'human immunodeficiency virus';
• new factor 6(c) concerning 'hepatitis B vaccine';
• new factor 6(d) concerning 'intravesical BCG therapy';
• new factor 6(e) concerning 'intestinal bypass surgery';
• deleting worsening factor concerning 'enteric bacterial infection';
• deleting worsening factor concerning 'sexually acquired infection';
• new definitions of 'an infection as specified', 'BCG therapy', 'death from reactive arthritis', 'ICD-10-AM code' and 'terminal event' in clause 9;
• revising definition of 'relevant service' in clause 9;
• deleting definitions of, 'enteric bacterial infection' and 'ICD code'; 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 Reiter's syndrome 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.  One submission was received for consideration by the Authority during the investigation.

9.             On 16 February 2010, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed Instrument and the medical-scientific material considered by the Authority. This letter emphasised the deletion of factors relating to 'enteric bacterial infection' and 'sexually acquired infection'. The Authority provided an opportunity to the organisations to make representations in relation to the proposed instrument prior to its determination. No submissions were received for consideration by the Authority.

10.         The determining of this new instrument finalises the investigation in relation to Reiter's syndrome 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