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4.5.2 What are Statements of Principles?

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What are Statements of Principles?

    

The Statements of Principles (SoPs[glossary:):] are legislative instruments that provide exclusive factors determined by the Repatriation Medical Authority [glossary:(:]RMA[glossary:):] to be the cause of certain diseases, injuries or deaths, based on sound medical-scientific evidence.     

Two SoPs for each condition

There are two SoPs for each medical condition, one for operational and war-like service and one for other eligible service. This is because the different types of service attract different standards of proof for determining claims. These standards of proof are the:

SoP for operational, peacekeeping or hazardous service

    

VEA ?

Section 196B VEA SoP for operational, hazardous, peacekeeping service

Section 196B(14) VEA factors causing or contributing to an injury, disease or death related to service

VEA ? (go back)

The RMA decides whether there is sound medical-scientific evidence that indicates that a particular kind of injury, disease or death can be related to operational service, peacekeeping service or hazardous service. In order for there to be a reasonable hypothesis connecting such an injury or disease or death with service, it must be possible that a causal connection between a factor in the relevant SoP and service can be established. If this is the case a SoP will be determined for that condition setting out:

  • the factors that must as a minimum exist, and
  • which of those factors must be related to service rendered by a person.     
    More ?

    Types of Service

    Chapter 1.2

    Causal Connection of Injury or Disease with Service

    Chapter 4.4

    More ? (go back)
SoP for eligible or defence service

    

VEA ?

Section 196B(3) VEA SoP for eligible defence service

Section 196B(14) VEA factors causing or contributing to an injury, disease or death related to service

VEA ? (go back)

The RMA decides whether according to the sound medical-scientific evidence available, it is more probable than not that a particular kind of injury, disease or death can be related to eligible war service (other than operational service) or defence service (other than hazardous service). If this is the case, a SoP will be determined for that condition setting out:

  • the factors that must exist, and
  • which of those factors must be related to service rendered by a person.     
    More ?

    Section 196B(3) VEA SoP for eligible or defence service

    Section 196B(14) VEA factors causing or contributing to an injury, disease or death relating to service

    Types of Service

    Chapter 1.2

    Causal Connection of Injury or Disease with Service

    Chapter 4.4

    More ? (go back)


Statement of Principles means:

  • a Statement of Principles determined by the RMA under section 196B of the VEA; or
  • a determination made by the Repatriation Commission under section 180A of the VEA; or
  • a Statement of Principles concerning a particular kind of injury or disease made available to the VRB by the Repatriation Commission under paragraph 138(2)(a) of the VEA.

 

 

Statement of Principles means:

  • a Statement of Principles determined by the RMA under section 196B of the VEA; or
  • a determination made by the Repatriation Commission under section 180A of the VEA; or
  • a Statement of Principles concerning a particular kind of injury or disease made available to the VRB by the Repatriation Commission under paragraph 138(2)(a) of the VEA.

 

 

The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.

The role of the RMA is:

 

 

The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.

The role of the RMA is:

 

 

According to subsection 5D(1), disease means:

  • any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
  • the recurrence of such an ailment, disorder, defect or morbid condition,

but does not include:

  • the aggravation of such an ailment, disorder, defect or morbid condition, or
  • a temporary departure from:

the normal physiological state, or

the accepted ranges of physiological or biochemical measures,

that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).

According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:

  • a disease, or
  • the aggravation of a physical or mental injury.

According to subsection 5AB(2), information about a particular kind of injury, disease, or death is taken to be sound medical evidence if the information:

  • is consistent with material relating to medial science that has been published in a medical or scientific publication and has been, in the opinion of the RMA, subjected to a peer review process, or
  • in accordance with generally accepted medical practice, would serve as the basis for the diagnosis and management of medical condition.

Information about how that kind of injury, disease or death may be caused must meet the applicable criteria for assessing causation currently applied in the field of epidemiology.

 

 

Operational service is generally service performed:

  • outside Australia,
  • during war like operations in which Australian Defence Forces were involved, and
  • in areas where the incurred level of risk is considered above that of normal peacetime conditions.

Refer to section 6 of the VEA through to 6F of the VEA for a full explanation of operational service.

Warlike service is defined in Subsection 5C(1) VEA to mean:

  • service in the Defence Force of a kind determined in writing by the Minister for Defence to be warlike service.

See also definition of war like operations.

Eligible war service is:

  •  operational service, or
  •  continuous full-time service (not being operational service) as a member of the Australian Defence Force (ADF) during World War 1, or
  •  continuous full-time service (not being operational service) as a member of the Australian Defence Force during World War 2, being service that commenced before 1 July 1947, or
  •  continuous full-time service (not being operational service) as a member of the Interim Forces during World War 2, being service on or after 1 July 1947, or
  •  been employed on a ship as an Australian Mariner during World War 2, to 29 October 1945.

Section 7 of the VEA provides a full definition of eligible war service.

 

 

According to subsection 120(7) of the VEA, Hazardous service is service in the Defence Force of a kind determined by the Minister for Defence to be hazardous service.

 

Hazardous service includes activity that exposes individuals or units to risks above the normal peacetime and training duties such as bomb and mine clearance, aid to civil power or protected evacuations.

 

 

A member of the Defence Force who has served for a continuous period of effective full-time service of not less than three years between the period 6 December 1972 and 7 April 1994 has rendered defence service.  Refer to section 68 of the VEA for the full definition.