Statement of Principles concerning sprain and strain No. 94 of 2011

Administered by Department of Veterans' Affairs

Legislation au F2011L01726 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 94 of 2011

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), revokes Instrument No. 69 of 2010, determined under subsection 196B(2) of the VEA concerning acute sprain and acute strain.

 

2.             The Authority is of the view that there is sound medical-scientific evidence that indicates that sprain and strain and death from sprain and strain can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles, Instrument No. 94 of 2011 concerning sprain and strain.  This Instrument will in effect replace the revoked Statement of Principles.

 

3.             The provisions of the Military Rehabilitation and Compensation Act 2004 (the MRCA) relating to claims for compensation commenced on 1 July 2004.  Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by 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 sprain and strain or death from sprain and strain, with the circumstances of that service.

 

5.             This Instrument results from investigations notified by the Authority in the Government Notices Gazette of 3 November 2010 concerning acute sprain and acute strain, and concerning chronic sprain and chronic strain, in accordance with section 196G of the VEA.  The investigations involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.

 

6.             The contents of this Instrument are in similar terms as the revoked Instrument.  Comparing this Instrument and the revoked Instrument, the differences include:

 

  • changing the name of the Instrument to 'sprain and strain' to broaden coverage of the instrument to encompass both acute and chronic sprain and strain;
  • revising the definitions of 'sprain' and 'strain' in clause 3;
  • revising factors 6(a) and 6(c) concerning 'a significant physical force to or through the affected joint';
  • revising factors 6(b) and 6(d) concerning 'forceful stretching or high intensity use of a muscle or tendon';
  • specifying a date of effect for the Instrument in clause 11.

 

7.             Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

 

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake investigations in relation to acute sprain and acute strain, and in relation to chronic sprain and chronic strain, in the Government Notices Gazette of 3 November 2010, and circulated a copy of the notices 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.  No submissions were received for consideration by the Authority during the investigation.

 

9.             The determining of this Instrument finalises the investigations in relation to acute sprain and acute strain, and in relation to chronic sprain and chronic strain, as advertised in the Government Notices Gazette of 3 November 2010.

 

10.         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. 94 of 2011 amends the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 to address issues related to the compensation claims for service-related injuries such as sprain and strain. This legislative instrument was introduced to provide clarity and updated criteria for determining the eligibility of veterans for compensation, replacing the previously revoked Instrument No. 69 of 2010. The Authority, acting under the authority granted by the VEA, has determined a Statement of Principles that specifies the medical and service-related factors necessary to establish a connection between injuries and the circumstances of the veteran's service. The instrument aims to ensure that compensation claims are assessed based on sound medical-scientific evidence, thus providing fair and accurate assessments for veterans who have sustained sprain and strain injuries during their service.

Scope and Application

The Repatriation Medical Authority Instrument No. 94 of 2011, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, pertains to the assessment of claims for compensation related to acute and chronic sprain and strain. This instrument applies to veterans and service personnel who have engaged in various types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The Statement of Principles outlined in this instrument serves as the minimum criteria required to establish a reasonable hypothesis connecting the injury with the service rendered. The instrument's scope is national, as it is determined by the Commonwealth authority and applies across Australia. Notably, it revokes the previous Instrument No. 69 of 2010, broadening its coverage to include both acute and chronic sprain and strain. The instrument does not explicitly mention exclusions, exemptions, or thresholds, but it relies on the specific medical-scientific evidence and service-related factors detailed within its provisions. The instrument’s application is further clarified through its alignment with the Military Rehabilitation and Compensation Act 2004, with claims for compensation assessed by the Military Rehabilitation and Compensation Commission.

Key Provisions

The key operative sections of this legislation are sections 2 to 11, which detail the Statement of Principles concerning sprain and strain, replacing the previous Instrument No. 69 of 2010. This new Instrument No. 94 of 2011 broadens the coverage to include both acute and chronic sprain and strain. The changes include revisions to the definitions of 'sprain' and'strain', alterations to factors concerning significant physical force and forceful stretching or high intensity use of muscles or tendons, and the specification of the Instrument’s effective date. The obligations and requirements imposed by this Act on the parties primarily involve the Repatriation Medical Authority's duty to determine Statements of Principles based on sound medical-scientific evidence, ensuring these statements adequately cover the types of service related to sprain and strain. The Authority must advertise its intention to investigate and solicit submissions from relevant stakeholders, although no submissions were received for this particular Instrument. The Authority also ensures that the Statement of Principles is determined for both the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The legislation does not explicitly state offences, penalties, or civil/criminal consequences for breach. However, the implications of not adhering to the provisions of this Instrument could lead to disputes over the acceptance of liability for service injuries, which would be determined by the Military Rehabilitation and Compensation Commission. Such disputes could potentially result in legal challenges or administrative reviews under the relevant Acts, but specific penalties or consequences are not outlined in this explanatory statement. Overall, the Authority’s role is to ensure that the Statement of Principles accurately reflects current medical-scientific evidence, thereby facilitating fair and informed decisions regarding compensation claims related to sprain and strain.

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