REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 39 of 2005
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 solvent related chronic encephalopathy No. 39 of 2005.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that solvent related chronic encephalopathy and death from solvent related chronic encephalopathy can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning solvent related chronic encephalopathy.
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 solvent related chronic encephalopathy or death from solvent related chronic encephalopathy, 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 solvent related chronic encephalopathy or death from solvent related chronic encephalopathy 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(2) MRCA).
6. This new instrument results from an investigation notified by the Authority in the Government Notices Gazettes of 25 February 2004 and 14 July 2004 concerning toxic encephalopathy in accordance with section 196G of the Act. 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 toxic encephalopathy in the Government Notices Gazettes of 25 February 2004, 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. Following the commencement of the MRCA, the Authority published a “Further Notice of Investigations” in the Government Notices Gazette of 14 July 2004, extending the closing date for submissions in relation to the above mentioned investigation until 10 September 2004. The Authority again invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA (who include persons eligible to make a claim under the MRCA), as well as the Military Rehabilitation and Compensation Commission and any person having expertise in the field. One submission was received and considered by the Authority during the investigation.
9. The determining of this new instrument finalises the investigation in relation to toxic encephalopathy as advertised in the Government Notices Gazettes of 25 February 2004 and 14 July 2004.
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. 39 of 2005 was introduced under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, with the objective of addressing the issue of solvent-related chronic encephalopathy in veterans and service personnel. The legislation was enacted to provide a framework for determining claims related to this condition, ensuring that such claims are assessed against a set of principles that reflect the current medical-scientific understanding. The Repatriation Medical Authority established these principles following an investigation into toxic encephalopathy, soliciting input from various stakeholders including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and relevant organisations and experts. The policy objective is to ensure that claims for pension or compensation can only be upheld if they meet the criteria set out in the Statement of Principles, which delineates the factors and types of service that must be related to the condition in order to establish a reasonable hypothesis connecting the condition to the service.
Scope and Application
The Repatriation Medical Authority Statement of Principles No. 39 of 2005, issued under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, outlines the medical criteria necessary to establish a connection between solvent-related chronic encephalopathy or death due to solvent-related chronic encephalopathy and specific types of military service. This Statement of Principles applies to individuals who have provided operational, peacekeeping, or hazardous service under the VEA, or warlike and non-warlike service under the MRCA, and who seek pension or compensation claims related to solvent-related chronic encephalopathy or death from such encephalopathy. The determination is jurisdictional, affecting the Commonwealth of Australia. Any claims lodged after 1 June 1994 under the VEA or 1 July 2004 under the MRCA must be supported by this Statement of Principles to be accepted by the relevant authorities. The Authority’s decision is based on sound medical-scientific evidence and follows a formal investigation process that included public notice and opportunities for submissions from relevant parties.
Key Provisions
The main operative sections of this legislation are those that establish the Statement of Principles concerning solvent related chronic encephalopathy (SRCP) No. 39 of 2005. Section 2 outlines the Authority's determination based on sound medical-scientific evidence that SRCP and death from SRCP can be related to particular kinds of service. Section 4 sets out the factors that must exist, and which must be related to specified types of service, before a reasonable hypothesis can be raised connecting SRCP or death from SRCP with the service circumstances. The types of service considered include operational service, peacekeeping service, hazardous service under the Veterans’ Entitlements Act 1986, and warlike and non-warlike service under the Military Rehabilitation and Compensation Act 2004.
The obligations imposed by this Act require that any claim for pension under the Veterans’ Entitlements Act 1986 or compensation under the Military Rehabilitation and Compensation Act 2004 related to SRCP or death from SRCP must adhere to the Statement of Principles. According to sections 5, 120A(3) of the VEA and 338(2) of the MRCA, claims lodged on or after 1 June 1994 for the VEA and 1 July 2004 for the MRCA cannot be accepted unless the claim is upheld by this Statement of Principles. This means that the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal will not process any claims unless they meet the criteria set out in the Statement of Principles.
Breaching the requirements of this legislation can have serious consequences. The Authority's determination under sections 196B(2) of the VEA and the corresponding sections of the MRCA ensures that claims are processed only if they align with the established principles. Failure to comply with these principles may result in the rejection of a claim, leaving the claimant without recourse to pension or compensation. While specific penalties are not detailed in the explanatory notes, the implications of non-compliance are significant, as they prevent claimants from accessing benefits they may be entitled to under the Acts.
In conclusion, the legislation establishes clear criteria for determining claims related to solvent related chronic encephalopathy, ensuring that only those claims that meet the specified conditions are considered. The obligations placed on the relevant Commissions and Tribunals to adhere to these principles underscore the importance of medical-scientific evidence in validating such claims. The consequences of non-compliance highlight the stringent nature of these provisions, aiming to provide fair and accurate processing of claims under the Acts.