REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 31 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 seborrhoeic keratosis No. 31 of 2006.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that seborrhoeic keratosis and death from seborrhoeic keratosis can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning seborrhoeic keratosis.
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 seborrhoeic keratosis or death from seborrhoeic keratosis, 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 seborrhoeic keratosis or death from seborrhoeic keratosis 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 seborrhoeic keratosis, notified by the Authority in the Government Notices Gazettes of 7 September 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 seborrhoeic keratosis in the Government Notices Gazette of 7 September 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. 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 seborrhoeic keratosis which was advertised in the Government Notices Gazettes of 7 September 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. 31 of 2006 was enacted to address the issue of claims related to seborrhoeic keratosis, particularly in the context of veterans’ entitlements under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This Statement of Principles was introduced to provide a framework for determining the connection between seborrhoeic keratosis and specific types of military service, such as operational, peacekeeping, hazardous, warlike, and non-warlike service. By establishing these criteria, the Statement aims to ensure that claims for pensions or compensation are assessed based on sound medical-scientific evidence, thereby maintaining the integrity of the compensation process for veterans. The enactment of this Statement of Principles was overseen by the Repatriation Medical Authority under the authority granted by the relevant Acts, with the policy objective of accurately linking service-related conditions to military service for the purposes of compensation.
Scope and Application
The Statement of Principles No. 31 of 2006, concerning seborrhoeic keratosis, applies to veterans and service personnel who may have contracted this condition during their service, as defined under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It applies to claims for pension under the VEA or compensation under the MRCA, which must be lodged by individuals who have served in operational, peacekeeping, or hazardous service as well as warlike or non-warlike service. These acts and their respective claims pertain to the Commonwealth of Australia, and the principles outlined in the Statement are binding on the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal. The application of the Statement is restricted to claims lodged after 1 June 1994 under the VEA and after 1 July 2004 under the MRCA, and no claims outside these parameters will be accepted unless the Statement upholds them. The Authority has the power to extend or restrict the application of these principles through subordinate instruments, although none have been specified in this instance.
Key Provisions
The Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) are key legislative frameworks that govern the entitlements and benefits available to veterans in Australia. Under the VEA, the Repatriation Medical Authority (the Authority) has issued Statement of Principles No. 31 of 2006, which specifically addresses seborrhoeic keratosis (section 4). This Statement outlines the minimum medical-scientific evidence required to establish a connection between seborrhoeic keratosis, death from seborrhoeic keratosis, and particular types of service such as operational, peacekeeping, hazardous, warlike, or non-warlike service (section 4). These conditions must be met for a claim to be considered valid under the VEA or MRCA.
The obligations imposed by this legislation on the parties involved are stringent. For instance, the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal are mandated to adhere strictly to the criteria set out in the Statement of Principles when assessing claims related to seborrhoeic keratosis (subsections 120A(3) VEA and 338(3) MRCA). Claims for pension or compensation that do not align with the conditions specified in Statement of Principles No. 31 of 2006 will not be considered. This requirement ensures that only claims backed by sufficient medical-scientific evidence are processed, maintaining the integrity and purpose of the veterans' benefits system.
In terms of penalties and consequences, the legislation explicitly states that claims for pension or compensation related to seborrhoeic keratosis or death from seborrhoeic keratosis must comply with the conditions set out in the Statement of Principles (subsections 120A(3) VEA and 338(3) MRCA). Failure to meet these conditions can result in the rejection of a claim, thereby denying the claimant the benefits to which they might otherwise be entitled. While the explanatory statement does not detail specific penalties for non-compliance, the implications of such non-compliance are significant, as it directly affects the eligibility and processing of claims.
The Authority’s investigation into seborrhoeic keratosis, culminating in Statement of Principles No. 31 of 2006, was conducted in accordance with section 196G of the VEA. The Authority advertised its intention to investigate in the Government Notices Gazette of 7 September 2005 and invited submissions from relevant organisations and experts (sections 7 and 8). The final determination of this instrument marks the conclusion of this investigation, ensuring that the evidence-based criteria are applied consistently to all claims. This rigorous process underscores the importance of sound medical-scientific evidence in validating veterans' claims and maintaining the credibility of the compensation system.