Statement of Principles concerning sudden unexpected death No. 43 of 2005

Administered by Department of Veterans' Affairs

Legislation au F2005L04130 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

STATEMENT OF PRINCIPLES NO. 43 of 2005

 

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. 99 of 1996 of 16 August 1996, Instrument No. 185 of 1996 of 9 December 1996, Instrument No. 18 of 2002 of 9 January 2002 and Instrument No. 49 of 2003 of 7 October 2003, each of which was determined under subsection 196B(2) of the VEA concerning sudden unexplained death.

 

2.             The Authority is of the view that there is sound medical-scientific evidence that indicates that sudden unexpected death can be related to particular kinds of service. The Authority has therefore determined, pursuant to subsection 196B(2) of the VEA, Statement of Principles concerning sudden unexpected death No. 43 of 2005. This Instrument will in effect replace the revoked Statements of Principles concerning sudden unexplained death.

 

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 sudden unexpected death with the circumstances of that service.

 

5.             This new instrument results from the investigation concerning sudden unexplained death, notified in the Government Notices Gazettes of 25 February 2004 and 14 July 2004 by the Authority, in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence available to the Authority, including the sound medical-scientific evidence it has previously considered.

 

6.             The title and format of this new Instrument have been varied, including a new titling clause 1, headnote to clause 2 and the renumbering of subsequent clauses. These changes have been introduced in order to assist users in locating the appropriate Instrument when searching the Federal Register of Legislative Instruments.

 

7.             The contents of the new Instrument are in similar terms as the revoked Instruments. Comparing the new and the revoked Instruments, the differences include:

 

  • renaming the Instrument;
  • changing the definition of ‘sudden unexpected death’ in clause 3;
  • deleting the factor relating to undergoing relevant service at the time of death;
  • rewording factor 6(a) relating to experiencing a direct threat to the person’s life;
  • rewording factor 6(b) relating to physical activity, requiring that the physical activity be greater than five METs and be undertaken within thirty minutes before the death;
  • rewording factor 6(c) relating to a blow to the chest, requiring that the blow be received immediately before the death;
  • rewording factor 6(i) relating to treatment so that the treatment includes drugs which inhibit or block the cardiac hERG potassium channels, and  requiring that the treatment be within seven days of the death;
  • deleting the definitions in clause 8 of ‘cocaine’, ‘epilepsy’, ‘hypertension’, ‘ICD code’, ‘severe pyschosocial stressor’ and ‘strenuous physical activity’;
  • revising the definitions in clause 8 of ‘a blow to the chest’, ‘non-potassium-sparing diuretics’ and  ‘relevant service’;
  • including new definitions in clause 8 of ‘a direct threat to the person’s life’, ‘ICD-10-AM code’ and ‘MET’; and
  • specifying a date of effect for the Instrument in clause 10.

 

8.             Further changes to the format and wording 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.

 

9.             Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to sudden unexplained death 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.

 

10.         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.

 

11.         No submissions were received for consideration by the Authority during the investigation.

 

12.         On 9 September 2005, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed Instrument, the medical-scientific evidence considered by the Authority and drawing attention to the non-inclusion of the factor relating to undergoing relevant service in the proposed new instrument. The Authority provided an opportunity to the organisations to make representations in relation to the proposed instrument prior to its determination. No representations were received.

 

13.         The determining of this new instrument finalises the investigation in relation to sudden unexplained death which was advertised in the Government Notices Gazettes of 25 February 2004 and 14 July 2004.

 

14.         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. 43 of 2005, enacted under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of sudden unexpected death in the context of service rendered by veterans. This Statement of Principles was developed in response to the need for updated and consolidated guidelines on how sudden unexpected death relates to various types of military service, thereby ensuring that claims for pension or compensation are assessed fairly and based on sound medical-scientific evidence. The Authority, mandated under the VEA, undertook an investigation to examine the evidence linking sudden unexpected death with specific kinds of military service, and subsequently determined these principles to replace previous instruments. This process involved public notices and invitations for submissions from relevant stakeholders, though none were received. The Authority's determination of these principles aims to provide clarity and consistency in the evaluation of claims related to sudden unexpected death in military personnel.

Scope and Application

The Repatriation Medical Authority Statement of Principles No. 43 of 2005, made under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the connection between sudden unexpected death and specific types of military service. It applies to individuals who have rendered operational, peacekeeping, hazardous, warlike, or non-warlike service, with claims for pension or compensation being adjudicated by the Repatriation Commission or the Military Rehabilitation and Compensation Commission. This statement replaces earlier revoked instruments and is designed to assist in determining eligibility for benefits related to sudden unexpected death in the context of military service. The instrument applies nationally within Australia, as it is a Commonwealth instrument. There are no exclusions, exemptions, or thresholds specified within the statement itself, although the application of the principles may be influenced by subordinate instruments or regulations under the VEA and MRCA. The Authority has the power to extend or restrict the application of these principles through future instruments, ensuring that the legislation remains responsive to new medical-scientific evidence and evolving circumstances.

Key Provisions

The Repatriation Medical Authority (the Authority) has revoked certain prior Statements of Principles concerning sudden unexplained death and has issued a new Statement of Principles No. 43 of 2005, as per subsection 196B(2) of the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This new instrument provides criteria for connecting sudden unexpected death to specific types of service rendered by a person, including operational, peacekeeping, hazardous, warlike, and non-warlike service (sections 1-7). The determination of claims for pension or compensation under the VEA or MRCA is made by the Repatriation Commission or the Military Rehabilitation and Compensation Commission, respectively, with reference to these Statements of Principles (section 3). The new Statement of Principles outlines factors that must exist to establish a connection between sudden unexpected death and the service rendered, such as the type of service and specific circumstances surrounding the death. These factors are intended to ensure that claims are evaluated based on sound medical-scientific evidence (section 4). The Authority has made changes to the definitions and factors in this new instrument, including the rewording of certain factors and the deletion of others, to reflect the most current medical-scientific understanding of sudden unexpected death (sections 6-7). The Authority sought input from relevant organisations and experts during the investigation and prior to determining this instrument but received no submissions (sections 9-11). The Authority conducted an investigation into sudden unexplained death, which involved reviewing sound medical-scientific evidence, including evidence previously considered. The investigation was advertised in the Government Notices Gazettes on 25 February 2004 and 14 July 2004, and a further notice was published on 14 July 2004 extending the submission deadline to 10 September 2004. No submissions were received during this period (sections 9-11). The Authority also wrote to relevant organisations on 9 September 2005, providing them an opportunity to make representations on the proposed instrument before its determination, but no representations were received (section 12). The new Statement of Principles No. 43 of 2005 finalises the investigation into sudden unexplained death. It replaces the revoked Statements of Principles concerning sudden unexplained death and will be used in determining claims for pension or compensation under the VEA or MRCA. The Authority considered the medical-scientific evidence available to it, including evidence it had previously examined, in determining the factors that must exist to establish a connection between sudden unexpected death and service rendered (sections 2, 5-7). The Authority has made changes to the instrument's format and wording to clarify its applicability under both the VEA and MRCA, and to improve its usability for those searching the Federal Register of Legislative Instruments (section 6).

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