REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 56 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 steatohepatitis No. 56 of 2005.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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 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, steatohepatitis or death from steatohepatitis 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 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 120B(3) VEA or subsection 339(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 now 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 Statement of Principles No. 56 of 2005, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of claims related to steatohepatitis, a condition involving inflammation of the liver due to fat accumulation, and its potential connection to military service. This legislative instrument was enacted to clarify the criteria under which such claims can be considered for pension or compensation. The objective of this instrument is to ensure that claims for pension or compensation related to steatohepatitis are assessed based on the medical-scientific evidence available, thereby providing a clear framework for the determination of such claims by the Repatriation Commission or the Military Rehabilitation and Compensation Commission. It establishes that any claim for pension or compensation concerning steatohepatitis must align with the conditions outlined in this Statement of Principles, which were derived from an extensive investigation into the available medical evidence.
Scope and Application
This Statement of Principles No. 56 of 2005 issued by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986 (VEA) and Military Rehabilitation and Compensation Act 2004 (MRCA) sets out the conditions that must exist for a claim of steatohepatitis or death from steatohepatitis to be connected with certain types of service rendered by a person. The Statement of Principles applies to eligible war service, defence service, and peacetime service as defined in the VEA and MRCA, respectively, and must be referenced by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal when determining claims for pension under the VEA or compensation under the MRCA. Claims for steatohepatitis or death from steatohepatitis lodged on or after 1 June 1994 under the VEA and 1 July 2004 under the MRCA cannot be accepted unless this Statement of Principles upholds the claim. The Authority determined this instrument following an investigation into the medical-scientific evidence available regarding steatohepatitis.
Key Provisions
The Repatriation Medical Authority (the Authority) has issued Statement of Principles No. 56 of 2005 under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), which sets out the conditions for determining a connection between steatohepatitis and certain kinds of military service. Section 4 of the Statement of Principles outlines the factors that must exist, and the relationship to specific types of service, for steatohepatitis or death from steatohepatitis to be considered connected to the service. This includes eligible war service under the VEA, defence service under the VEA, and peacetime service under the MRCA. Claims for pension under the VEA or compensation under the MRCA can only be considered if these conditions are met, and the claim was lodged after the specified dates of 1 June 1994 for the VEA and 1 July 2004 for the MRCA.
The obligations imposed by this Statement of Principles require that any claims for pension or compensation related to steatohepatitis or death from steatohepatitis must be supported by evidence that aligns with the factors and service types outlined in the Statement. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal cannot accept any claims that do not meet these criteria as set forth in subsections 120B(3) of the VEA and 339(3) of the MRCA. The Authority has also conducted a thorough investigation, as detailed in sections 6 and 7 of the explanatory notes, involving an examination of available medical-scientific evidence and inviting submissions from relevant parties, although no submissions were received.
In terms of consequences for breach, the Statement of Principles ensures that only claims supported by the outlined criteria are considered valid. Any claims not adhering to these provisions will not be processed by the relevant Commissions or Tribunals. While specific offences and penalties are not outlined in the explanatory notes, non-compliance with the requirements for claims submission and evidence could lead to the rejection of the claim, resulting in the denial of pension or compensation benefits. This adherence to the Statement of Principles is critical for ensuring that claims are assessed fairly and in accordance with the legislative framework established by the VEA and MRCA.