REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 39 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(2) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 39 of 2009 concerning toxic maculopathy and death from toxic maculopathy.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that toxic maculopathy and death from toxic maculopathy can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning toxic maculopathy pursuant to subsection 196B(2) 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 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 toxic maculopathy or death from toxic maculopathy, 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 toxic maculopathy or death from toxic maculopathy that was lodged on or after 1 June 1994 in the case of the VEA, or 1 July 2004 in the case of the MCRA; respectively, unless this Statement of Principles upholds that claim (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA).
6. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 14 January 2009 concerning toxic maculopathy 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 toxic maculopathy in the Government Notices Gazette of 14 January 2009, 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 toxic maculopathy as advertised in the Government Notices Gazette of 14 January 2009.
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 Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 together provide the legislative framework for the administration of veterans' pensions and compensation. The Repatriation Medical Authority Instrument No. 39 of 2009 was enacted to address the issue of toxic maculopathy and death from toxic maculopathy, providing a Statement of Principles to guide claims for pension or compensation. This instrument was introduced by the Repatriation Medical Authority under the authority granted by the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, aiming to establish a clear connection between these medical conditions and specific types of military service. The Authority's determination is based on sound medical-scientific evidence, ensuring that any claim related to toxic maculopathy or death from toxic maculopathy must be assessed against the criteria set out in this Statement of Principles. The policy objective is to ensure that only claims supported by the stipulated medical evidence can be considered for pension or compensation, thereby maintaining the integrity of the claims process.
Scope and Application
The Repatriation Medical Authority Instrument No. 39 of 2009, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, pertains specifically to claims involving toxic maculopathy and death from toxic maculopathy. This Statement of Principles applies to veterans, service personnel, and their dependants who are seeking a pension or compensation in relation to these conditions. The instrument delineates the medical and service-related criteria that must be met for a claim to be considered valid, including the types of service—such as operational, peacekeeping, hazardous, warlike, and non-warlike—that must be connected to the condition. It is imperative that these claims be lodged post the effective dates of 1 June 1994 for the VEA and 1 July 2004 for the MRCA, and they must align with the criteria outlined in the Statement of Principles. The Authority has ensured that the instrument reflects the latest medical-scientific evidence, and it excludes any claims that do not meet these specified conditions. The instrument’s scope is thus limited to claims concerning toxic maculopathy and death from toxic maculopathy, and it does not extend to other conditions or types of service not listed within its provisions.
Key Provisions
The key provisions of the legislation establish a Statement of Principles concerning toxic maculopathy and death from toxic maculopathy, issued by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (VEA) (sections 2 and 3). This Statement of Principles delineates the specific service conditions that must be present for a reasonable hypothesis to connect toxic maculopathy or death from toxic maculopathy with service rendered by a person (section 4). Claims for pension under the VEA or compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA) related to toxic maculopathy or death from toxic maculopathy can only be accepted if they are lodged after the specified dates (1 June 1994 for the VEA and 1 July 2004 for the MRCA) and are supported by this Statement of Principles (sections 5 and 6). This legislation concludes an investigation into toxic maculopathy, which was initiated and notified in the Government Notices Gazette on 14 January 2009 (section 7). The Authority invited submissions from relevant parties during the investigation, and this Statement of Principles formalises the findings of that investigation (sections 7 and 8).
The legislation imposes specific obligations on the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal, stipulating that they cannot accept claims for pension or compensation related to toxic maculopathy or death from toxic maculopathy unless these claims are supported by the Statement of Principles (section 5). The Authority is required to advertise its intention to investigate and circulate notices to relevant organisations and individuals, inviting submissions from those with expertise in the field (section 7). Additionally, the Authority must provide a list of references relating to the condition to any person or organisation specified in subsection 196E(1)(a) to (c) of the VEA upon written request (section 9).
The legislation does not explicitly state any specific offences, penalties, or consequences for breach. However, the overarching implication is that any claim for pension or compensation that does not comply with the Statement of Principles would be rejected, potentially leading to legal challenges or disputes over the validity of claims. The enforcement of these provisions would fall within the purview of the relevant administrative and judicial bodies, which are tasked with interpreting and applying the Statement of Principles in the adjudication of claims.