REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 45 of 2008
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. 1 of 1997, determined under subsection 196B(2) of the VEA concerning relapsing polychondritis and death from relapsing polychondritis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that relapsing polychondritis and death from relapsing polychondritis can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles, Instrument No. 45 of 2008 concerning relapsing polychondritis. This Instrument will in effect replace the revoked Statements 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 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 relapsing polychondritis or death from relapsing polychondritis, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 28 June 2006 concerning relapsing polychondritis 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;
- revising the definition of 'relapsing polychondritis' in clause 3;
- new definitions of 'death from relapsing polychondritis', 'ICD-10-AM code' and 'terminal event' in clause 6;
- revising definition of 'relevant service' in clause 6;
- deleting definition of 'ICD code'; and
- specifying a date of effect for the Instrument in clause 8.
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 relapsing polychondritis in the Government Notices Gazette of 28 June 2006, 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. The determining of this new instrument finalises the investigation in relation to relapsing polychondritis as advertised in the Government Notices Gazette of 28 June 2006.
10. 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 Instrument No. 45 of 2008, under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), was enacted to address the need for updated medical criteria regarding relapsing polychondritis, a condition that can be fatal, and its association with military service. This instrument revokes the previous Instrument No. 1 of 1997 concerning relapsing polychondritis and death from the condition. The Repatriation Medical Authority determined a new Statement of Principles based on sound medical-scientific evidence, which aligns with the types of military service listed in the VEA and MRCA. The new instrument was developed following an investigation announced in the Government Notices Gazette on 28 June 2006, which invited submissions from relevant stakeholders, though none were received. The Authority's objective was to ensure that the criteria for linking relapsing polychondritis to military service are based on the most current medical evidence available.
Scope and Application
The Repatriation Medical Authority (the Authority) under the Veterans' Entitlements Act 1986 (VEA) has revoked Instrument No. 1 of 1997 and replaced it with Instrument No. 45 of 2008 concerning relapsing polychondritis. This instrument applies to veterans who have contracted relapsing polychondritis or died from it as a result of their service, encompassing operational, peacekeeping, hazardous, warlike, and non-warlike services. The instrument applies nationally and is used to determine claims for compensation under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA) for injuries, diseases, or deaths occurring on or after 1 July 2004. The new instrument is structured to reflect the revised Instrument format, includes updated definitions and specifications, and serves to formalise the investigation into relapsing polychondritis initiated in 2006. It should be noted that no submissions were received during the investigation, and the instrument is applicable for both the VEA and MRCA for the purposes of determining claims.
Key Provisions
The Repatriation Medical Authority, under section 196B(8) of the Veterans' Entitlements Act 1986 (VEA), has revoked Instrument No. 1 of 1997 concerning relapsing polychondritis and death from relapsing polychondritis. This revocation was necessary due to the Authority's finding that there is sufficient medical-scientific evidence to link these conditions with specific types of service. In its place, the Authority has issued Instrument No. 45 of 2008, which sets out a Statement of Principles for these conditions (section 2). This new instrument specifies the minimum factors that must exist and be related to certain kinds of service—such as operational, peacekeeping, hazardous, warlike, and non-warlike service—to establish a reasonable hypothesis connecting relapsing polychondritis or death from this condition with the service circumstances (section 4).
The obligations imposed by the new instrument require that claims for compensation related to service injuries, diseases, or deaths that occurred on or after 1 July 2004, be assessed by the Military Rehabilitation and Compensation Commission. These claims must be evaluated against the new Statement of Principles issued by the Authority under the VEA (section 3). The Authority’s determination is based on the latest medical-scientific evidence, which was examined as part of an investigation announced in the Government Notices Gazette on 28 June 2006 (section 5). The Authority also sought submissions from relevant organisations and individuals but received none (section 9).
Failure to comply with the requirements of the new Instrument No. 45 of 2008 could result in legal consequences. Under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA), any person who knowingly makes a false statement or representation in a claim for benefits may face civil or criminal penalties. Such penalties can include fines and imprisonment, as stipulated by the applicable legislation (section 10). It is important for claimants and their representatives to ensure all information provided aligns with the criteria outlined in the new instrument to avoid any potential legal repercussions.