REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 44 of 2005
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (‘the Authority’), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (‘the VEA’) revokes Instrument No. 100 of 1996 of 16 August 1996, Instrument No. 186 of 1996 of 9 December 1996, Instrument No. 19 of 2002 of 9 January 2002 and Instrument No. 50 of 2003 of 7 October 2003, each of which was determined under subsection 196B(3) of the VEA concerning sudden unexplained death.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that sudden unexpected death can be related to particular kinds of service. The Authority has therefore determined, pursuant to subsection 196B(3) of the VEA, Statement of Principles concerning sudden unexpected death No. 44 of 2005. This Instrument will in effect replace the revoked Statement 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 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, sudden unexpected death is connected with the circumstances of that service.
5. This new instrument results from the investigation concerning sudden unexplained death, 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, 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 significant differences include:
- renaming the Instrument;
- changing the definition of ‘sudden unexpected death’ in clause 3;
- deleting the factor relating to hypertension;
- 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 immediately 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(h) 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 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 hypertension 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.