REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 32 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 seborrhoeic keratosis No. 32 of 2006.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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 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, seborrhoeic keratosis or death from seborrhoeic keratosis 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 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 120B(3) VEA or subsection 339(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 now 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. 32 of 2006 was enacted to address the issue of determining the connection between seborrhoeic keratosis and specific types of service rendered by individuals, particularly in relation to veterans' entitlements and military rehabilitation and compensation. The enactment of this statement was necessitated by the need for clear guidelines to assess whether seborrhoeic keratosis or death from this condition could be attributed to certain kinds of service, including eligible war service, defence service, and peacetime service. The policy objective is to ensure that claims for pension or compensation are substantiated by sound medical-scientific evidence and that such claims can only be upheld if they align with the criteria set out in this Statement of Principles. This legislative measure was introduced by the Repatriation Medical Authority under the provisions of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, to provide a framework for the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal in processing claims related to seborrhoeic keratosis.
Scope and Application
The Repatriation Medical Authority Statement of Principles No. 32 of 2006, issued under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, pertains to the relationship between seborrhoeic keratosis and particular kinds of military service. This Statement of Principles sets out the medical and scientific evidence needed to establish a connection between seborrhoeic keratosis or death from this condition and specific types of service, including eligible war service, defence service, and peacetime service. The determination applies to individuals who have rendered these kinds of service and have lodged claims for pension or compensation after the specified dates, namely 1 June 1994 under the VEA and 1 July 2004 under the MRCA. Claims that do not align with these principles will not be accepted by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, or Administrative Appeals Tribunal. This instrument was developed following an investigation initiated by the Authority and finalised with no submissions received during the process.
Key Provisions
The Repatriation Medical Authority (RMA) has issued Statement of Principles No. 32 of 2006 under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), which sets out the criteria for linking seborrhoeic keratosis, a type of skin growth, and death from seborrhoeic keratosis to certain types of military service. The Authority has determined that based on the available medical-scientific evidence, it is more probable than not that these conditions can be related to particular kinds of service, hence the establishment of these principles (section 2). This Statement of Principles outlines the factors that must exist and must be related to specific service conditions, including eligible war service, defence service, and peacetime service, before a connection with seborrhoeic keratosis or death from the condition can be established (section 4).
The obligations imposed by this Statement of Principles include the requirement that claims for pension or compensation related to seborrhoeic keratosis must be supported by this specific Statement of Principles. According to the VEA and MRCA, the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal cannot accept any claims for pension or compensation related to seborrhoeic keratosis that were lodged on or after 1 June 1994 for VEA claims, or 1 July 2004 for MRCA claims, unless the claim is upheld by this Statement of Principles (sections 5 and 10). This means that any claim made without reference to this Statement of Principles will not be considered.
The consequences for non-compliance with the provisions outlined in the Statement of Principles are significant. Under the VEA, any claim for pension or compensation relating to seborrhoeic keratosis or death from seborrhoeic keratosis that does not meet the criteria specified in this Statement of Principles will not be accepted for processing (subsection 120B(3) VEA). Similarly, under the MRCA, claims that do not comply with the Statement of Principles will also not be processed (subsection 339(3) MRCA). Failure to adhere to these provisions could result in the dismissal of claims, thereby denying veterans or service personnel the pension or compensation they might be entitled to based on the established criteria.