REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 34 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 retinal vascular occlusive disease No. 34 of 2006.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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 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, retinal vascular occlusive disease or death from retinal vascular occlusive disease 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 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 120B(3) VEA or subsection 339(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 now 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 Repatriation Medical Authority Statement of Principles No. 34 of 2006, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the problem of claims related to retinal vascular occlusive disease arising from certain types of military service. Enacted by the Repatriation Medical Authority, the policy objective is to establish a clear framework for determining the connection between retinal vascular occlusive disease and military service, ensuring that any claim for pension or compensation must be upheld by this Statement of Principles. This legislative instrument was developed following an investigation into macular branch vein occlusion, which examined the available medical-scientific evidence, and concludes with specific criteria that must be met for a claim to be accepted.
Scope and Application
The Repatriation Medical Authority Statement of Principles No. 34 of 2006, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, concerns retinal vascular occlusive disease and its connection to specific types of military service. This instrument applies to veterans and current or former service personnel who may have developed retinal vascular occlusive disease as a result of their service. The Statement of Principles delineates the factors necessary to establish a connection between the disease and the service rendered, including eligible war service, defence service, and peacetime service, as defined by the respective Acts. Claims for pension under the Veterans’ Entitlements Act or compensation under the Military Rehabilitation and Compensation Act, filed after the specified dates of 1 June 1994 and 1 July 2004 respectively, must align with the criteria outlined in this Statement of Principles to be considered valid by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal. The determination of these principles is applicable nationally, reflecting the federal jurisdiction of the relevant Acts.
Key Provisions
The Repatriation Medical Authority (RMA) has issued Statement of Principles No. 34 of 2006 concerning retinal vascular occlusive disease (section 2). This statement is a crucial instrument under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) for determining claims for pensions or compensation related to this disease. The statement outlines the specific service-related factors that must exist for a claim to be considered valid. These factors include eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service, all of which must be connected to the disease on the balance of probabilities (section 4).
The determination of this Statement of Principles imposes specific obligations on various entities. For instance, the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal must adhere to this statement when processing claims. Any claim for pension or compensation related to retinal vascular occlusive disease or death from it, lodged after 1 June 1994 under the VEA or after 1 July 2004 under the MRCA, cannot be accepted unless it aligns with this Statement of Principles (section 5). This ensures that all claims are assessed uniformly and based on the most current medical-scientific evidence.
Failing to comply with the requirements set out in this Statement of Principles can lead to significant consequences. Claims that do not meet the criteria outlined will not be accepted, which could result in veterans or service personnel being denied the benefits to which they might otherwise be entitled. While the document does not specify criminal penalties, it implies that non-compliance with these statutory provisions could lead to civil consequences, such as the rejection of claims or legal challenges to the decisions made by the relevant authorities.
The RMA conducted a thorough investigation into macular branch vein occlusion, as required by the VEA, and published its intention to do so in the Government Notices Gazette on 2 March 2005 (section 6). The investigation involved reviewing sound medical-scientific evidence and inviting submissions from relevant organisations and individuals. This process ensured that the statement is based on the best available evidence and has been thoroughly reviewed by experts in the field. The determination of this statement marks the conclusion of this investigation (section 9).