REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 40 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles concerning solvent related chronic encephalopathy No. 40 of 2005.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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 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, solvent related chronic encephalopathy or death from solvent related chronic encephalopathy 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 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 now 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. 40 of 2005, enacted under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of solvent related chronic encephalopathy and its connection to particular military service. The Repatriation Medical Authority determined this Statement of Principles based on available medical-scientific evidence, establishing the factors that must exist and be related to specific kinds of service for a claim to be upheld. This legislative instrument was developed following an investigation into toxic encephalopathy, which involved public consultation and submissions from relevant organisations and experts. The policy objective of this Statement of Principles is to provide a framework for determining claims related to solvent related chronic encephalopathy, ensuring that only those claims supported by the prescribed factors are accepted by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal.
Scope and Application
The Repatriation Medical Authority Statement of Principles No. 40 of 2005, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, concerns solvent related chronic encephalopathy. This legislative instrument applies to individuals who may have developed solvent related chronic encephalopathy or who have died from it, as a result of eligible war service, defence service, or peacetime service. It is designed to ensure that claims for pensions under the Veterans’ Entitlements Act or compensation under the Military Rehabilitation and Compensation Act are substantiated by the necessary evidence linking the condition to the service rendered. For any claim lodged on or after 1 June 1994 under the Veterans’ Entitlements Act or 1 July 2004 under the Military Rehabilitation and Compensation Act, the Statement of Principles is a prerequisite for acceptance by the relevant commissions or tribunals. This legislative measure extends its application nationally, impacting the claims process across Australia and ensuring uniformity in the assessment of these claims.
Key Provisions
The Repatriation Medical Authority (RMA) has issued Statement of Principles No. 40 of 2005 concerning solvent related chronic encephalopathy under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA). This statement outlines the circumstances under which solvent related chronic encephalopathy or death from this condition can be related to particular kinds of service. According to section 4, these kinds of service include eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service. The Statement of Principles provides the necessary factors that must be present and connected to these service types for a claim to be considered valid. The Repatriation Commission or Military Rehabilitation and Compensation Commission will assess claims for pension under the VEA or compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA) based on these principles.
Under the provisions of the VEA and the MRCA, claims for pension or compensation related to solvent related chronic encephalopathy or death from this condition cannot be accepted by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal unless the claim is supported by the Statement of Principles. Specifically, claims lodged after 1 June 1994 under the VEA or after 1 July 2004 under the MRCA will be rejected if the Statement of Principles does not uphold the claim, as per subsection 120A(3) of the VEA and subsection 338(2) of the MRCA. This stringent requirement ensures that only claims meeting the specified criteria will be considered, thereby maintaining the integrity and purpose of the legislation.
The creation of this Statement of Principles stems from an investigation into toxic encephalopathy, which was notified in the Government Notices Gazettes on 25 February 2004 and 14 July 2004. The RMA examined the available sound medical-scientific evidence to determine the connection between solvent related chronic encephalopathy and specific service types. Before finalizing the Statement of Principles, the RMA advertised its intention to investigate and invited submissions from relevant entities, including the Repatriation Commission, organizations representing veterans and service personnel, and experts in the field. This thorough investigative process ensures that the Statement of Principles is based on comprehensive and credible evidence.
Breaches of the requirements outlined in the Statement of Principles can lead to significant consequences. Under the VEA and MRCA, any claim for pension or compensation not supported by the Statement of Principles will be rejected. This rejection means that the claimant will not receive the benefits they sought, and the process can be legally binding. Additionally, any entity or individual found to be in violation of these legislative provisions may face civil or criminal penalties, depending on the severity and intent behind the breach. The precise penalties can vary but are intended to enforce compliance and uphold the integrity of the legislation.