REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 65 of 2009
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 Instrument No. 65 of 2009 concerning systemic sclerosis and death from systemic sclerosis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that systemic sclerosis and death from systemic sclerosis can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning systemic sclerosis pursuant to subsection 196B(3) of the VEA.
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, systemic sclerosis or death from systemic sclerosis 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 systemic sclerosis or death from systemic sclerosis that was lodged on or after 1 June 1994 in the case of the VEA, or 1 July 2004 in the case of the MRCA respectively, unless this Statement of Principles upholds that claim (subsection 120B(3) of the VEA or subsection 339(3) of the MRCA).
6. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 27 August 2008 concerning scleroderma 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 scleroderma in the Government Notices Gazette of 27 August 2008, 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. One submission was received for consideration by the Authority during the investigation.
8. The determining of this new instrument finalises the investigation in relation to scleroderma as advertised in the Government Notices Gazette of 27 August 2008.
9. 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. 65 of 2009, concerning systemic sclerosis and death from systemic sclerosis, was enacted to address the need for a clear legislative framework governing the conditions under which claims for pension or compensation related to systemic sclerosis can be considered valid under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Authority determined that, based on available medical-scientific evidence, it is more probable than not that systemic sclerosis and death from systemic sclerosis can be related to particular kinds of service, prompting the creation of this Statement of Principles. This legislation aims to ensure that such claims are assessed in accordance with the factors set out in the Statement, which must be related to specific types of service, including eligible war service, defence service, and peacetime service. The instrument was introduced to provide clarity and consistency in the adjudication of claims by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal, ensuring that they cannot accept any claims for pension or compensation related to systemic sclerosis or death from systemic sclerosis lodged after certain dates unless this Statement of Principles upholds the claim.
Scope and Application
The Repatriation Medical Authority Instrument No. 65 of 2009, under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), pertains to the establishment of a Statement of Principles concerning systemic sclerosis and death from systemic sclerosis. This legislative instrument applies to individuals who have rendered eligible war service, defence service, or peacetime service, as defined under the respective Acts. The Authority's determination that systemic sclerosis and death from systemic sclerosis can be related to certain kinds of service affects the eligibility criteria for pension claims under the VEA or compensation claims under the MRCA, which must now align with the factors outlined in this Statement of Principles. The instrument restricts the acceptance of claims for pension or compensation related to systemic sclerosis or death from systemic sclerosis to those lodged after the specified dates of 1 June 1994 for the VEA and 1 July 2004 for the MRCA, unless the claim is supported by the Statement of Principles. This legislative measure reflects the Authority's commitment to basing its determinations on the most current and sound medical-scientific evidence available.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) are governed by Statement of Principles Instrument No. 65 of 2009, issued by the Repatriation Medical Authority. This instrument outlines the factors that must exist and be related to certain kinds of service to determine if systemic sclerosis or death from systemic sclerosis is connected to those circumstances (section 4). Claims for pension or compensation related to systemic sclerosis must be upheld by this Statement of Principles if they were lodged after 1 June 1994 under the VEA, or 1 July 2004 under the MRCA (section 5).
The obligations imposed by this instrument are significant for claimants and the relevant authorities. For instance, claims for pension or compensation for systemic sclerosis or death from systemic sclerosis cannot be considered unless they are supported by the factors outlined in this Statement of Principles (subsection 120B(3) of the VEA and subsection 339(3) of the MRCA). The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, or Administrative Appeals Tribunal must rely on this Statement of Principles to assess claims, ensuring consistency and fairness in the evaluation process.
Failure to adhere to the provisions set out in this instrument may result in claims being rejected. For example, any claim for pension or compensation related to systemic sclerosis or death from systemic sclerosis that does not align with the factors outlined in the Statement of Principles will not be accepted by the relevant authorities. This means that claimants may face difficulties in receiving the benefits they are entitled to if their claims do not meet the criteria established by this instrument. Additionally, the Repatriation Medical Authority has the authority to investigate and determine the connection between systemic sclerosis and service, and any non-compliance with this process could lead to further consequences.
There are no specific offences, penalties, or civil/criminal consequences mentioned for breach of this instrument. However, the consequences of non-compliance could include the rejection of claims for pension or compensation, leading to potential hardship for affected individuals and their families. It is essential for claimants and the relevant authorities to understand and follow the provisions of this Statement of Principles to ensure that claims are assessed fairly and consistently.