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As at 4 April 2016

ADVISORIES 2016

No

Subject Matter

Related matter or Advisory

Issued or Revised

Potable Water

1 of 2016

The ‘potable water factor described above is intended to apply to:

  • service rendered on land or sea in Vietnam; and/or

  • service on board a ship that supplied potable water produced by distillation of estuarine Vietnamese waters, during the period outlined at items four and eight of Schedule Two of the VEA, being the period from and including 31 July 1962 to and including 11 January 1973; and

  • should be applied in such a way that time spent on board a vessel listed in the Table of Ships in Vietnamese Estuarine Waters provided as an Appendix to this Advisory Note, at any time during the period described in that Table as being within two years of the ships’ last date in Vietnamese waters, should be counted towards the 30 day cumulative period for the consumption of potable water required by the factor.

 

 

Businessline RS203-2016

 

 

March 2016

 

ADVISORIES 2012

No

Subject Matter

Related matter or Advisory

Issued or Revised

Full Federal Court Decision in Connell

1 of 2012

The decision in Repatriation Commission v Connell [2011] FCAFC 116 (Connell) has changed the interpretation of paragraph 23(1)(c) of the Veterans' Entitlements Act 1986 (VEA) and the meaning of the words “prevented from continuing to undertake remunerative work that the veteran was undertaking.”

 

 

Businessline 15/03/2012

 

C&S Procedures:

4.1.5 Special Rate (T&PI or TTI) and Intermediate Rate Disability Pension Claims Determination

 

14 March 2012

Guidelines for the application of subparagraph 69(1)(d)(ii) of the Veterans' Entitlements Act 1986

 

2 of 2012

These guidelines specifically address the application of subparagraph 69(1)(d)(ii) of the Veterans' Entitlements Act 1986 (VEA), where a person's service was terminated before they had the required three years' service by reason of the “...person's discharge on the ground of invalidity or physical or mental incapacity to perform duties”. Where the person's service is less than three years but subparagraph 69(1)(d)(ii) VEA is found to apply, the person can be regarded as a member of the Forces to whom Part IV of the VEA applies. This decision must be made before any claim for compensation under the VEA can be considered.

 

N/A

28 June 2012

 

ADVISORIES 2010

No

Subject Matter

Related matter or Advisory

Issued or Revised

Federal Court Decision in James - endorses the operation of Chapter 25 of the Guide to Determining Impairment and Compensation (GARP M).

1 of 2010

This advisory note summarises the principles of the Full Federal Court's decision in James v Military Rehabilitation and Compensation Commission [2010] FCAFC 95 and its endorsement of the operation of Chapter 25 of GARP M.

 

N/A

9 August 2010

 

ADVISORIES 2008

No

Subject Matter

Related matter or Advisory

Issued or Revised

Cessation of Smoking and Inflammatory Bowel Disease

1 of 2008

 

To assist decision-makers in determining the relationship between inflammatory bowel disease and death from inflammatory bowel disease and service. It clarifies the Department's approach to the cessation of smoking factors for these conditions.

N/A

24 January 2008

Federal Court Decision in Newson - what elements of a factor must relate to service, and when the period of clinical onset (or worsening) starts

2 of 2008

For delegates to apply the reasoning in the Federal Court Case of Newson. Service must relate to each of the requirements contained within a factor. Where clinical onset (or worsening) must occur within a specified timeframe, that timeframe starts running from the end of the period of such physical activity (or exposure, etc.) which overlaps with (or is otherwise related to) service.

No 4 of 2003

24 November 2008

 

ADVISORIES 2007

No

Subject Matter

Related matter or Advisory

Issued or Revised

Malignant Neoplasm of the Prostate and Consumption of Animal Fat

1 of 2007

 

This advisory note is intended to assist decision-makers in applying the animal fat consumption fact in the Statements of Principles (SoP) for malignant neoplasm of the prostate.

No 3 of 1999

No 3 of 2001

 

14 September 2007

 

ADVISORIES 2005

No

Subject Matter

Related matter or Advisory

Issued or Revised

Prohibited Substance Use and Alcohol Abuse within the Australian Defence Force

1 of 2005

 

To provide decision makers with guidance on the role of disqualifying provisions in the Veterans' Entitlements Act 1986 (VEA) in relation to claims involving the use of prohibited substance use or alcohol abuse during service on or after 24 October 1980

N/A

November 2005

 

ADVISORIES 2004

No

Subject Matter

Related matter or Advisory

Issued or Revised

Dealing with Co-Morbid Psychiatric Conditions

NOTE: This advisory note has been withdrawn and replaced by Commission Guideline CM5570

1 of 2004

WITHDRAWN 21/04/2004

 

Clarifying the method of dealing with co-morbid psychiatric conditions

N/A

23 January 2004

Veterans' Children Education Scheme (VCES) and Family Tax Benefit (FTB) payments

2 of 2004

VCES benefits should be split the same as Centrelink FTB payments

N/A

6 April 2004

Obesity and Morbid Obesity

3 of 2004

Obesity and Morbid Obesity.

N/A

September 2004

Diagnosis of Skin Conditions

4 of 2004

The purpose of this advisory is to clarify the diagnostic requirement to be site specific when determining non-melanotic malignant neoplasm of the skin and solar keratosis claims.  In addition, the advisory provides guidance on appropriate diagnostic labels for these conditions.

 

N/A

November 2004

Obtaining Evidence by Telephone

5 of 2004

To provide claims assessors with guidance on obtaining evidence by telephone from claimants and their representatives.

N/A

16 November 2004

Amendments of Victoria Cross Allowance

6 of 2004

To advise state offices of changes to Victoria Cross Allowance and the Decoration Allowance.

N/A

16 November 2004

Application of Non Reduction Provision in GARP V in Subsequent Assessments

7 of 2004

To advise staff on the application of the non-reduction provision in the current Guide to the Assessment of Rates of Veterans' Pensions (GARP V) in subsequent assessments.

N/A

16 November 2004

Full Federal Court Decision – Benjamin v The Repatriation Commission

 

8 of 2004

To provide decision-makers with guidance on how to apply the decision of the Full Court.  The key issue addressed in this decision relates to the diagnosis of conditions claimed.

N/A

December 2004

 

ADVISORIES 2003

No

Subject Matter

Related matter or Advisory

Issued or Revised

Korean Partisans

1 of 2003

VEA eligibility for those partisans who have been recognised by the Government of the Republic of Korea as war veterans.

N/A

17 June 2003

Federal Court Decision in Stoddart on Claims for PTSD and Alcohol Abuse

2 of 2003

Recent Federal Court Decision and its implication on the determination of PTSD and alcohol abuse claims until further notice.

N/A

7 July 2003

Treatment of Hearing Test Anomalies for Compensation Purposes

3 of 2003

Investigating new claims for hearing loss and applications for increase where hearing loss is an accepted disability.

N/A

September 2003

Federal Court Decision in Kattenberg - Material Contribution, Aggravation, or the “But For” Test

4 of 2003

The Kattenburg decision means that no longer must a SoP be met wholly because of service. A material contribution is now sufficient.

 

27 November 2003

 

ADVISORIES 2002

No

Subject Matter

Related matter or Advisory

Issued or Revised

Detachment 176 Air Dispatch Company South Vietnam 1965 to 1972

1 of 2002

Individual members of Detachment 176 AD Coy were detached to US and RAAF units and served throughout South Vietnam

Why some service details will show places other than Nui Dat, Vung Tau or Saigon

11 January 2002

Restoration of war widow's pensions to widows who remarried before 1984

2 of 2002

Reinstated pensioners are eligible to have a previously paid war widow's pension restored

See legislation

11 January 2002

Popular Forces, Regional Forces, National Police Field Forces and Provincial Reconnaissance Units in Vietnam

3 of 2002

Replaces

7 of 2000

Were NPFF, PF and RF members or auxiliaries of the Army of the Republic of Vietnam?

Report of Professor Jeffrey Grey of 19 May 1999

7 August 2002

 

ADVISORIES 2001

No

Subject Matter

Related matter or Advisory

Issued or Revised

RAN Ships - VEA coverage - 1950-1972

1 of 2001

 

Consolidated list in alphabetical order of all RAN ships covered by the VEA between 1950 and 1972

See CLIK for Ministerial Instruments

See also:

3 of 2000

14 of 2000

 

30 January 2001

Malay-Thai Border

2 of 2001

Explanation of differences between operational and qualifying service in Malay-Thai border area. Instrument provided by Defence included.

See CLIK for Ministerial Instruments

See also:

2 of 2000

14 of 2000

1 of 2001

13 March 2001

Service and Dietary History

3 of 2001

Connecting dietary fat intake to development of prostate cancer. Obtaining diet histories for the purpose of determining claims. Diet Survey Forms

3 of 1999

CCPS Commentary

AAT cases Collingwood, Grace etc

13 March 2001

Continuous Full-Time Service

4 of 2001

Can 3 years continuous full-time service be an aggregation of separate full time service episodes?

 

30 March 2001

Canada, UK and New Zealand - ex gratia payments to ex prisoners of war of the Japanese

5 of 2001

What have other governments done in respect of ex prisoners of war of the Japanese?

 

30 April 2001

Diagnosis of medical conditions for the purpose of an entitlement - Budworth

7 of 2001

The balance of probabilities is the standard of proof is to be used to determine a diagnosis

See also No 13 of 2000, Cooke and Gosewinkel, Budworth and Benjamin

12 October 2001

 

ADVISORIES 2000

No

Subject Matter

Related matter or Advisory

Issued or Revised

Coastal Waters and Qualifying Service

1 of 2000

24 March 2000

What is the policy?  How does it relate to the current law?  What does it mean to be in 'coastal waters'?

See also No 4 of 2000 'Engaged in operations against the Enemy'.

24 March 2000

Habituation

2 of 2000

4 April

2000

 

The response of the Repatriation Medical Authority on whether 'habituation' is a disease like 'alcohol abuse'.

CM 5030 Guideline to Alcohol and Tobacco (Issued 15 April 1999)

4 April 2000

Review of Service Entitlements in South East Asia 1955 to 1975

3 of 2000

March

The Mohr Report released on 2 March 2000.  What to do with claims based on the contents of the Report?  What is going to happen to the Report?  Where can I find a copy of the Report?

Anomalies Review 1997 and Budget Papers 1998/1999.  See also No 7 of 2000.

27 March 2000:  Updated 10 May 2000

Engaged in Operations

4 of 2000

23 March

What does 'engaged in operations against the enemy' mean?  Is this independent of 'incurred danger'?

Federal Court in Willcocks and Burton.  AAT Corrick and Miller for meanings of “engaged in operations...”

See also No 1 of 2000 'Coastal waters and qualifying service'.

27 March 2000

Australian Federal Police Contingent in East Timor

5 of 2000

7 April

Deciding disability pension claims from AFP members in East Timor.  The date of effect.  Instruments to give effect to decisions.

Instruments from Minister for Veterans' Affairs in CLIK.  See also

s 68 (1) peacekeeping in VEA.

2 May 2000

Application of the Full Federal Court decision in Keeley

6 of 2000

5 May

Which SoP applies in a review of the original decision.

Repatriation Commission v Keeley (FFC) 28 April 2000

5 May 2000

 

Popular, Regional and National Police Field Forces in Vietnam

7 of 2000

31 May

This advisory has been replaced by 3/2002.

Report of Professor Jeffrey Grey of 19 May 1999

31 May 2000

History of Service in Malayan Emergency and Indonesian  Confrontation

8 of 2000

10 May

Background to conflicts, significant dates, medals and related Acts.

See also 3 of 2000.  Budget change 2000-2001

31 May 2000

Review of the original decision is allowed because any reviewed decision is de novo review process

9 of 2000

2 June

Can the Repatriation Commission revisit a primary decision during the review process?  At the AAT? At any time? What to do with new material that arises during the investigation.

See also 2 of 1999 and 4 of 1999

2 June 2000

Payments of Invalidity Service Pension and Temporary Special Rate are contradictory

10 of 2000

11 July

Can Invalidity Service Pension (ISP) and Temporary Special Rate (TTI) be paid at the same time?

Income Support Policy on grants of ISP. Commission Guidelines on payment of Special Rate. The effect of grants of ISP prior to 1 January 2000.

11 July 2000

Making decisions about treatment under s88A of the VEA for undiagnosed conditions and depression and/or anxiety

11 of 2000

This Advisory was overtaken by the Repatriation Commission making formal decisions and the departmental subsequently issuing Statelines.

Stateline of 1 September 2000 concerning Anxiety and Depression is the basis for this Advisory. The Stateline issued in April 2001 for Unidentified Conditions can be included in Advisory 11 of 2000.

Not issued as an Advisory but as two Statelines

Vietnam War Eligibility - Australian Air Force Detachment Sangley Point, Phillipines (Detachment Nos 10 & 11 Squadrons RAAF)

12 of 2000

7 August

Whether members of the Australian Air Force Detachment Sangley Point, the Philippines, served in the operational area of Vietnam as described in Items 4 and 8 of Schedule 2 of the Veterans' Entitlements Act 1986 (VEA).

 

7 August 2000

Deciding the site of a primary malignancy

Metastatic Neoplasms - Site unknown

13 of 2000

How to determine the primary site for a secondary cancer.

DI of B41 of 1995.  Cases of Cooke and Gosewinkel.

8 December 2000

Extension of VEA benefits for South-East Asian Service 1955 to 1975

14 of 2000

Warlike, qualifying and operational service extended to certain areas in SE Asia

Mohr Report of February 2000.  Fact Sheets in CLIK.  Explanatory Memorandum.

8 December 2000

Resident in Australia for the purpose of being an Australian Merchant Mariner

15 of 2000

Determining whether a person was resident in Australia for the purpose of being an Australian merchant mariner. Qualifying service World War 2 and Gold Card.

Case of Oliver. Counsel's opinion to Repatriation Commission.

14 December 2000

 

ADVISORIES 1999

No

Subject Matter

Related matter or Advisory

Issued or Revised

Application of new Statements of Principles

1 of 1999

19 January

The date of effect for new SoPs.

Federal Court decision in Keeley

19 January 1999

Proper function of delegates

2 of 1999

19 January

The role of a decision-maker.  What is the difference between Advisories, Instructions and Guidelines?

Advisory 4 of 1999.

Departmental Instruction C14 of 1999.

19 January 1999

Animal fat consumption

3 of 1999

28 January

Military Diet and the report of Dr Ruth English.

The case of Deledio in the AAT.

Prostate cancer and fat consumption.  There are 100 plus cases currently at the AAT.

28 January 1999

The power to remake a decision

4 of 1999

16 November

Correcting errors and mistakes in earlier decisions.  Do I have to correct an error of fact or policy or of law when I see it?

S 31 of the VEA and

Departmental Instruction C14 –99 (Qualifying Service: Rescinding incorrect determinations)

16 November 1999

Bougainville Truce and Monitoring Force

5 of 1999

22 January

Disability Claims from ADF members serving in Bougainville.

S88A treatment benefits.  Advisory to be issued.

22 February 1999

Military service and infection with Helicobacter pylori

6 of 1999

21 December

Changes to SoPs.

How can Helicobacter pylori be linked with service?

1999 SoPs Peptic Ulcer (21/22), Stomach cancer (67/68),

Non Hodgkin's Lymphoma (80/81) and Gastritis (60/61)

21 December 1999

Inability to obtain appropriate clinical management

7 of 1999

22 December 1999

The meaning of 'appropriate clinical management' in SoPs and dealing with aggravation.

The case of Brew in the Full Federal Court Decision dated 10 September 1999.  A split decision that affirmed that treatment is relative to the time of the condition's occurrence not to future developments. Cooke and diagnosis.

22 December 1999

Reviews of Statements of Principles by the SMRC

8 of 1999

22 December 1999

What does the SMRC do?  Who to contact if there are questions to be answered.

Decision of VVAA (NSW Inc) v SMRC in Federal Court by  (Tamberlin J).

Decision in NSW Supreme Court by James J.

Decision of NSW Court of Appeal 31 March 2000.

7 April  2000