REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 55 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 steatohepatitis No. 55 of 2005.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that steatohepatitis and death from steatohepatitis can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning steatohepatitis.
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 steatohepatitis or death from steatohepatitis, 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 steatohepatitis or death from steatohepatitis 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(3) MRCA).
6. This new instrument results from the investigation concerning steatohepatitis, notified by the Authority in the Government Notices Gazettes of 25 February 2004 and 14 July 2004, 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 steatohepatitis in the Government Notices Gazette 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.
9. No submissions were received for consideration by the Authority during the investigation.
10. The determining of this new instrument finalises the investigation in relation to steatohepatitis which was advertised in the Government Notices Gazettes of 25 February 2004 and 14 July 2004.
11. 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 (the Authority) has issued Statement of Principles No. 55 of 2005 under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This statement addresses the medical condition of steatohepatitis and its potential connection to specific types of military service, including operational, peacekeeping, and hazardous service, as well as warlike and non-warlike service. The enactment of this statement was necessary to establish a clear framework for assessing claims related to steatohepatitis, ensuring that claims are evaluated based on sound medical-scientific evidence. It aims to provide a definitive set of factors that must exist and be related to the service conditions to substantiate a claim for pension or compensation. This legislation was introduced to clarify and streamline the process for veterans and service personnel seeking benefits related to steatohepatitis, ensuring that their claims are assessed according to established medical principles.
Scope and Application
The Repatriation Medical Authority (the Authority) has established Statement of Principles No. 55 of 2005 concerning steatohepatitis under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This statement outlines the necessary factors that must be present and their connection to specific types of military service—such as operational, peacekeeping, hazardous, warlike, and non-warlike service—for a reasonable hypothesis to link steatohepatitis or death from steatohepatitis with the service circumstances. This legislation applies to veterans and service personnel eligible for claims under the VEA or MRCA, specifically in relation to steatohepatitis. It applies nationally across Australia, impacting both Commonwealth and state jurisdictions. Claims for pension under the VEA or compensation under the MRCA cannot be accepted unless they align with this Statement of Principles. The Authority's determination is effective for claims lodged after 1 June 1994 under the VEA and after 1 July 2004 under the MRCA. The Authority conducted an investigation and invited submissions from relevant stakeholders but received none for consideration. The Statement of Principles finalises the investigation and is available for reference upon request from the Repatriation Medical Authority Secretariat.
Key Provisions
The Repatriation Medical Authority has issued Statement of Principles No. 55 of 2005, which pertains to steatohepatitis. This Statement of Principles, established under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), outlines the specific factors that must be present to establish a connection between steatohepatitis or death from steatohepatitis and particular types of military service. The Authority determined that there is sufficient medical-scientific evidence indicating a link between steatohepatitis and certain military services, which prompted the issuance of this statement. This document serves as a critical reference for the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and the Administrative Appeals Tribunal when evaluating claims for pension under the VEA or compensation under the MRCA.
In establishing this Statement of Principles, the Authority identified the types of military service that must be linked to the medical condition for a claim to be considered valid. These services include operational, peacekeeping, and hazardous service under the VEA, as well as warlike and non-warlike service under the MRCA. For a claim to be upheld, the factors related to the individual’s service must meet the criteria set forth in the Statement of Principles. Any claim for pension under the VEA or compensation under the MRCA for steatohepatitis or death from steatohepatitis that was lodged on or after 1 June 1994 for the VEA and 1 July 2004 for the MRCA must be substantiated by this Statement of Principles, as per subsections 120A(3) VEA and 338(3) MRCA.
Breaching the requirements outlined in the Statement of Principles can result in serious consequences. Any claim that fails to meet the specified criteria will be rejected by the relevant authorities, which means the claimant will not be entitled to the pension or compensation they sought. This stringent requirement ensures that only those who can provide the necessary evidence connecting their military service to steatohepatitis or death from steatohepatitis are eligible for benefits. While the legislation does not specify monetary penalties, the impact on veterans and their families can be significant, as it denies them the financial support they may need.
The Authority’s decision to issue this Statement of Principles followed a thorough investigation into the medical-scientific evidence related to steatohepatitis. This investigation involved advertising the intention to investigate in the Government Notices Gazette on 25 February 2004 and extending the submission deadline on 14 July 2004. Despite inviting submissions from relevant parties, no submissions were received for consideration during the investigation. The Authority finalised this investigation with the issuance of the Statement of Principles, ensuring that all future claims are assessed against the criteria established in this document.