REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 33 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 retinal vascular occlusive disease No. 33 of 2006.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that retinal vascular occlusive disease and death from retinal vascular occlusive disease can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning retinal vascular occlusive disease.
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 retinal vascular occlusive disease or death from retinal vascular occlusive disease, 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 retinal vascular occlusive disease or death from retinal vascular occlusive disease 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 macular branch vein occlusion, notified by the Authority in the Government Notices Gazettes of 2 March 2005, 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 macular branch vein occlusion in the Government Notices Gazette of 2 March 2005, 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. One submission was received for consideration by the Authority during the investigation.
9. The determining of this new instrument finalises the investigation in relation to macular branch vein occlusion which was advertised in the Government Notices Gazettes of 2 March 2005.
10. 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) establish the legislative framework for pension and compensation claims for veterans and their dependants in Australia. The Repatriation Medical Authority (RMA) was established under these Acts to provide medical opinions and advice on the medical conditions of veterans and to determine Statements of Principles that are used to assess claims for pension or compensation. Statement of Principles No. 33 of 2006 was introduced to address the issue of retinal vascular occlusive disease and its connection to particular kinds of military service, as determined by the RMA. This statement provides a basis for assessing claims related to this condition, ensuring that claims are evaluated against a clear set of medical-scientific criteria. The RMA's determination of this statement was enacted by the Commonwealth Parliament and aims to ensure that claims for pension or compensation are assessed fairly and based on sound medical-scientific evidence.
Scope and Application
The Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) are central to the administration of benefits and compensation for Australian Defence Force members and veterans. The Repatriation Medical Authority, under these Acts, has issued Statement of Principles No. 33 of 2006 concerning retinal vascular occlusive disease, which applies to claims for pension or compensation lodged under the VEA or MRCA. The Statement of Principles sets out the criteria that must be met to establish a connection between retinal vascular occlusive disease, or death from it, and particular types of service rendered, including operational, peacekeeping, hazardous, warlike, and non-warlike service. Claims for pension or compensation related to this condition, lodged after 1 June 1994 under the VEA and 1 July 2004 under the MRCA, must align with these principles to be considered by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal. This legislative framework ensures that claims are evaluated based on the established medical-scientific evidence and specific service-related criteria.
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. 33 of 2006 concerning retinal vascular occlusive disease (subsection 196B(2) VEA). This statement outlines the minimum factors that must exist and be related to certain types of service, including operational, peacekeeping, and hazardous service under the VEA, and warlike and non-warlike service under the MRCA, to establish a connection between retinal vascular occlusive disease, or death from it, and the circumstances of service (section 4).
The obligations imposed by this Statement of Principles are that any claim for pension or compensation related to retinal vascular occlusive disease or death from it, lodged on or after 1 June 1994 for the VEA or 1 July 2004 for the MRCA, can only be accepted if the claim is upheld by this Statement of Principles (subsection 120A(3) VEA, subsection 338(3) MRCA). The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal must adhere to these provisions and cannot consider claims that do not meet these criteria.
Failure to comply with these provisions could result in claims being dismissed. There are no explicit offences or penalties mentioned in the Statement of Principles for non-compliance, but any claim that does not meet the criteria set out in the Statement of Principles will not be accepted. This could have significant consequences for claimants, as it may result in the denial of pension or compensation benefits to which they would otherwise be entitled. The Authority's determination process is designed to ensure that claims are assessed fairly and based on sound medical-scientific evidence, which is crucial for the proper administration of veterans’ entitlements and compensation.