Statement of Principles concerning spasmodic torticollis No. 33 of 1997

Overview

The Veterans' Entitlements Act 1986, enacted by the Commonwealth Parliament, provides a framework for the compensation and support of Australian veterans who have sustained injuries or contracted diseases during their service. One specific aspect of this Act, as evidenced by the legislative instrument C2010L00065, is the determination of Statements of Principles concerning particular conditions, such as spasmodic torticollis, under which veterans may be eligible for benefits. This legislative instrument was introduced to address the gap in recognising and providing for conditions like spasmodic torticollis, which can be related to service and may materially contribute to or aggravate the condition. The policy objective of this determination is to ensure that veterans who have been unable to obtain appropriate clinical management for spasmodic torticollis, or who have contracted the condition due to their service, are acknowledged and appropriately compensated under the Act.

Scope and Application

This Statement of Principles, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, pertains specifically to spasmodic torticollis, a chronic focal dystonia characterised by involuntary neck muscle contractions, and death resulting from this condition. The Act applies to veterans, members of Peacekeeping Forces, and members of the Forces who have rendered relevant service, which includes operational, peacekeeping, or hazardous service. The focus is on the inability to obtain appropriate clinical management for spasmodic torticollis as a factor potentially related to the service. This determination excludes conditions that could account for the dystonia, such as generalised or hemi-dystonia, neurological disorders, structural lesions, drug-induced dystonia, or acute post-traumatic dystonia. The Statement of Principles underscores that the condition must be diagnosed in the absence of these exclusionary factors. The legislation extends its reach by providing for the application of these principles to be further defined and expanded through subordinate instruments, ensuring that the criteria and scope can be adapted and clarified as necessary.

Key Provisions

This Statement of Principles (SoP) is a legislative instrument determined under the Veterans’ Entitlements Act 1986 (the Act) and is concerned with spasmodic torticollis (section 1). The document defines spasmodic torticollis as an acquired chronic focal dystonia with specific characteristics (section 2). The Repatriation Medical Authority (RMA) asserts that there is medical-scientific evidence linking spasmodic torticollis and death from spasmodic torticollis to relevant service (section 3). Any factor considered must be related to the service rendered by the veteran, member of Peacekeeping Forces, or member of the Forces (section 4). The minimum factor that must exist to raise a reasonable hypothesis connecting spasmodic torticollis or death from spasmodic torticollis with the person’s service is the inability to obtain appropriate clinical management for the condition (section 5). This factor applies to material contribution or aggravation of spasmodic torticollis only if the condition was suffered or contracted before or during service but not arising out of service (section 6). The obligations imposed on the parties governed by this SoP include the necessity for veterans, Peacekeeping Forces members, or Force members to establish a link between their service and the onset or aggravation of spasmodic torticollis. They must demonstrate that their condition was either contracted or materially contributed to during their service, as defined by the SoP. This involves providing evidence of their service and medical records showing the onset and progression of spasmodic torticollis. Additionally, claimants must prove that they were unable to obtain appropriate clinical management for their condition, which is a critical factor in raising a reasonable hypothesis of service connection. The SoP delineates potential consequences for non-compliance or breach of its provisions. Although the SoP itself does not explicitly state penalties, breaches of the Act or failure to comply with the requirements for veterans' entitlements could lead to legal consequences under the Act. Under the Veterans’ Entitlements Act 1986, non-compliance or misrepresentation can result in fines and imprisonment. For instance, under section 211 of the Act, providing false or misleading information to the RMA can incur a penalty of up to five years' imprisonment, and under section 212, making a false statement can result in a penalty of up to two years' imprisonment. These penalties underscore the importance of accuracy and truthfulness in claims related to veterans' entitlements.