REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 116 of 2011
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 Instrument No. 116 of 2011 concerning spinal adhesive arachnoiditis and death from spinal adhesive arachnoiditis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that spinal adhesive arachnoiditis and death from spinal adhesive arachnoiditis can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning spinal adhesive arachnoiditis pursuant to subsection 196B(2) of the VEA.
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 spinal adhesive arachnoiditis or death from spinal adhesive arachnoiditis, 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 spinal adhesive arachnoiditis or death from spinal adhesive arachnoiditis that was lodged on or after 1 June 1994 in the case of the VEA, or 1 July 2004 in the case of the MRCA respectively, unless this Statement of Principles upholds that claim (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA).
6. This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 30 June 2010 concerning arachnoiditis 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 arachnoiditis in the Government Notices Gazette of 30 June 2010, 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. One submission was received for consideration by the Authority during the investigation.
8. The determining of this new Instrument finalises the investigation in relation to arachnoiditis as advertised in the Government Notices Gazette of 30 June 2010.
9. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Repatriation Medical Authority Instrument No. 116 of 2011 under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 establishes the Statement of Principles concerning spinal adhesive arachnoiditis and death from spinal adhesive arachnoiditis. This legislative instrument was enacted to address the gap in the recognition of spinal adhesive arachnoiditis as a service-related condition for the purposes of pension and compensation claims. The Authority, acting under the provisions of the VEA and MRCA, determined that there is sufficient medical-scientific evidence linking the condition to particular kinds of military service. The Statement of Principles outlines the minimum factors required to establish a reasonable hypothesis connecting the condition with service, thus guiding the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board and Administrative Appeals Tribunal in assessing claims made after the specified dates. The Authority conducted an investigation, inviting submissions from relevant stakeholders, to inform the determination of this Statement of Principles, finalising the investigation as advertised in the Government Notices Gazette of 30 June 2010.
Scope and Application
The Repatriation Medical Authority Instrument No. 116 of 2011 under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 outlines a Statement of Principles concerning spinal adhesive arachnoiditis and death from spinal adhesive arachnoiditis. This legislation applies to veterans and service personnel who may have developed these conditions as a result of their service. The determination of these principles is intended to guide the Repatriation Commission and the Military Rehabilitation and Compensation Commission in assessing claims related to these medical conditions. Specifically, the legislation mandates that claims for pension under the Veterans’ Entitlements Act or compensation under the Military Rehabilitation and Compensation Act, lodged after the specified dates, must be supported by this Statement of Principles to be considered valid. The legislation also indicates that it covers various types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service, and sets out the necessary medical-scientific evidence linking these services to the conditions in question. This legislative instrument ensures that any claims regarding spinal adhesive arachnoiditis or death from it, which were lodged post-June 1994 under the VEA or post-July 2004 under the MRCA, will be evaluated based on the criteria established by this Instrument.
Key Provisions
The main operative sections of this legislation, Statement of Principles Instrument No. 116 of 2011, concern the determination by the Repatriation Medical Authority (the Authority) of the relationship between spinal adhesive arachnoiditis (SAA) or death from SAA and various types of service under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) (subsection 196B(2)). This Statement of Principles outlines the factors that must be present and their relation to specific services (operational, peacekeeping, hazardous, warlike, or non-warlike) before a reasonable hypothesis can be made connecting SAA or death from SAA with the circumstances of the service (paragraph 4). This Statement of Principles serves as a guideline for the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal in evaluating claims for pension or compensation related to SAA or death from SAA (subsection 120A(3) of the VEA and subsection 338(3) of the MRCA).
The obligations imposed by this Act on parties and entities include the requirement for the Authority to consider sound medical-scientific evidence when determining the relationship between SAA or death from SAA and particular types of service (paragraph 2). The Authority must also advertise its intention to investigate and invite submissions from relevant parties and experts (paragraph 7). Once the investigation is complete, the Authority must determine the Statement of Principles and finalise the investigation (paragraph 9). These obligations ensure that the determinations are based on comprehensive and expert analysis, and that all relevant parties have an opportunity to contribute to the process.
Breaches of the provisions of this Act may lead to consequences under the VEA or the MRCA. For instance, claims for pension or compensation that do not comply with the Statement of Principles will not be accepted by the relevant authorities (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA). While the Act does not explicitly state the penalties for non-compliance, breaches of the VEA or MRCA may result in civil or criminal penalties as prescribed by those Acts. It is essential for claimants and relevant authorities to adhere to the Statement of Principles to ensure the validity and legitimacy of any claims made under the VEA or MRCA.