Statement of Principles concerning trigeminal neuropathy No. 29 of 2009

Administered by Department of Veterans' Affairs

Legislation au F2009L01596 Not in force Legislative Instrument

Legislation content

 

 

REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 29 of 2009

 

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. 81 of 1995, as amended by Instrument No. 11 of 2002, determined under subsection 196B(2) of the VEA concerning trigeminal neuropathy.

 

2.             The Authority is of the view that there is sound medical-scientific evidence that indicates that trigeminal neuropathy and death from trigeminal neuropathy can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles, Instrument No. 29 of 2009 concerning trigeminal neuropathy.  This Instrument will in effect replace the revoked Statements of Principles.

 

3.             The provisions of the Military Rehabilitation and Compensation Act 2004 (the MRCA) relating to claims for compensation commenced on 1 July 2004.  Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by 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 trigeminal neuropathy or death from trigeminal neuropathy, with the circumstances of that service.

 

5.             This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 30 April 2008 concerning trigeminal neuropathy in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.

 

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

 

  • adopting the latest revised Instrument format, which commenced in 2005;
  • deleting the ICD code from the Instrument header;
  • revising the definition of 'trigeminal neuropathy' in clause 3;
  • revising factor 6(a) concerning 'multiple sclerosis';
  • revising factor 6(b) concerning 'mass lesion' (this revised factor also includes previous factor related to 'arachnoiditis');
  • revising factor 6(e) concerning 'dental or surgical procedure';
  • revising factor 6(f) concerning 'traumatic injury';
  • revising factor 6(h) concerning 'inflammatory connective tissue disease';
  • revising factor 6(j) concerning 'osseus lesion' (this revised factor also includes previous factor related to 'Paget's disease of the skull');
  • revising factor 6(k) concerning 'viral, bacterial or protozoal infection' (this revised factor includes previous factors for 'cerebral malaria' and 'neuro-syphilis')
  • revising factor 6(n) concerning 'systemic disease' (this revised factor includes previous factors for 'sarcoidosis' and 'diabetes mellitus');
  • revising factor 6(o) concerning 'treated with a drug' (this revised factor includes previous factor for 'hydroxystilbamidine isethionate');
  • new factor 6(t) concerning 'multiple sclerosis';
  • new factor 6(u) concerning 'mass lesion';
  • new factors 6(c) & (v) concerning 'haematological malignancy or lymphoproliferative disorder';
  • new factors 6(d) & (w) concerning 'cerebrovascular accident';
  • new factor 6(x) concerning 'dental or surgical procedure';
  • new factor 6(y) concerning 'traumatic injury';
  • new factors 6(g) & (z) concerning 'sinus barotrauma';
  • new factor 6(aa) concerning 'inflammatory connective tissue disease';
  • new factors 6(i) & (bb) concerning 'systemic vasculitis';
  • new factor 6(cc) concerning 'osseous lesion';
  • new factor 6(dd) concerning 'viral, bacterial or protozoal infection';
  • new factors 6(l) & (ee) concerning 'localised infection';
  • new factors 6(m) & (ff) concerning 'herpes zoster';
  • new factor 6(gg) concerning 'systemic disease';
  • new factor 6(hh) concerning 'treated with a drug';
  • new factors 6(p) & (ii) concerning 'inhaling, ingesting or having cutaneous contact';
  • new factors 6(q) & (jj) concerning 'acute intoxication';
  • new factors 6(r) & (kk) concerning 'therapeutic radiation';
  • new factors 6(s) & (ll) concerning 'radiofrequency ablation';
  • new definitions of 'a benign osseous lesion', 'a chemical substance from the specified list', 'a course of therapeutic radiation', 'a drug from the specified list', 'a haematological malignancy or lymphoproliferative disorder from the specified list', 'a localised infection from the specified list', 'a mass lesion', 'a systemic disease from the specified list', 'a systemic vasculitis from the specified list', 'a traumatic injury to the affected trigeminal nerve', 'a viral, bacterial or protozoal infection from the specified list', 'acute intoxication', 'an inflammatory connective tissue disease from the specified list', 'death from trigeminal neuropathy', 'radiofrequency ablation', 'relevant service' and 'terminal event' in clause 9;
  • deleting definitions of 'arachnoiditis', 'cerebral malaria', 'connective tissue diseases', 'ICD code', 'multiple sclerosis', 'neuro-syphilis', 'Paget's disease', 'sarcoidosis' and 'tumour'; and
  • specifying a date of effect for the Instrument in clause 11.

 

7.             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.

 

8.             Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to trigeminal neuropathy in the Government Notices Gazette of 30 April 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.  No submissions were received for consideration by the Authority during the investigation.

 

9.             The determining of this new instrument finalises the investigation in relation to trigeminal neuropathy as advertised in the Government Notices Gazette of 30 April 2008.

 

10.         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. 29 of 2009, issued under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), addresses the medical condition known as trigeminal neuropathy. This instrument revokes the previous Instrument No. 81 of 1995, reflecting updated medical-scientific evidence linking trigeminal neuropathy and death from this condition to specific types of military service. The Authority determined the new Statement of Principles based on the latest evidence, providing a framework for assessing compensation claims related to trigeminal neuropathy. The new instrument also aligns with the MRCA, which governs compensation claims from 1 July 2004, ensuring consistency in how such claims are evaluated. The Authority invited submissions during its investigation but received none, ultimately determining the new Statement of Principles to finalise the investigation process.

Scope and Application

The Repatriation Medical Authority Instrument No. 29 of 2009, concerning trigeminal neuropathy, applies to veterans and service personnel who may have developed or died from trigeminal neuropathy as a result of their service. This instrument, established under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), pertains to specific types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The instrument outlines the minimum factors that must exist, and which of those factors must be related to the service, before a connection can be established between trigeminal neuropathy or death from trigeminal neuropathy and the service circumstances. The new instrument replaces the previously revoked Statements of Principles and incorporates updated medical-scientific evidence, as well as revisions to definitions and factors related to various conditions and procedures. The instrument also clarifies its application for both the VEA and the MRCA, following the commencement of the latter. The Authority's determination of this instrument concludes the investigation into trigeminal neuropathy, and any references related to the condition are available upon request to relevant parties.

Key Provisions

The main operative sections of this legislation, Instrument No. 29 of 2009, concern the replacement of previous Statements of Principles on trigeminal neuropathy, which were revoked by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Authority has determined a new Statement of Principles based on recent medical-scientific evidence that links trigeminal neuropathy and death from this condition to particular kinds of service (subsection 196B(2) of the VEA). This new instrument outlines the minimum factors that must exist, and which must be related to specific types of service, to establish a connection between trigeminal neuropathy or death from the condition and the service circumstances (section 4). This includes operational, peacekeeping, hazardous, warlike, and non-warlike service as defined under the VEA and MRCA. The obligations imposed by the Act on the parties and entities it governs include the requirement for the Repatriation Medical Authority to undertake investigations into specific conditions such as trigeminal neuropathy, in accordance with section 196G of the VEA. The Authority must also advertise its intention to investigate in the Government Notices Gazette and solicit submissions from relevant organisations and individuals. In this case, the Authority did not receive any submissions during the investigation. Once the new Statement of Principles is determined, it must be applied to claims for compensation under the MRCA, which commenced on 1 July 2004, and related to service injuries, diseases, or deaths on or after that date (subsection 196B(3A) of the VEA and section 319 of the MRCA). The legislation outlines various offences and penalties for breaches, although specific maximum penalties are not stated in the text. In general, breaches of the provisions of the VEA and MRCA could lead to civil or criminal consequences, depending on the nature and severity of the breach. For example, knowingly providing false or misleading information in relation to a claim for compensation could result in fines or imprisonment under the VEA and MRCA. Additionally, any person who contravenes a provision of the VEA or MRCA may be liable for damages in a civil action, and the Attorney-General may initiate proceedings to enforce compliance with the Acts. In summary, Instrument No. 29 of 2009 replaces previous Statements of Principles on trigeminal neuropathy and sets out the minimum factors that must exist to establish a connection between the condition and specific types of service. The Repatriation Medical Authority is required to undertake investigations into such conditions and advertise its intention to investigate, while also soliciting submissions from relevant organisations and individuals. Breaches of the provisions of the VEA and MRCA could lead to civil or criminal consequences, with fines or imprisonment possible for knowingly providing false or misleading information in relation to a claim for compensation.

Legal classification tags

Area of Law
Veterans' Affairs
Instrument
Instrument
Concepts
Definitions & Interpretation
Licensing & Registration
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.