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:
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| March 2016 |
ADVISORIES 2012 | No | Subject Matter | Related matter or Advisory | Issued or Revised |
Full Federal Court Decision in Connell | 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.”
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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
| 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 |
| 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 | 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 |
| 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 |
| 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 | 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 | VCES benefits should be split the same as Centrelink FTB payments | N/A | 6 April 2004 | |
Obesity and Morbid Obesity | Obesity and Morbid Obesity. | N/A | September 2004 | |
Diagnosis of Skin Conditions | 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 | 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 | 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 | 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
| 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 |
| Consolidated list in alphabetical order of all RAN ships covered by the VEA between 1950 and 1972 | See CLIK for Ministerial InstrumentsSee also:
| 30 January 2001 |
Malay-Thai Border | Explanation of differences between operational and qualifying service in Malay-Thai border area. Instrument provided by Defence included. | See CLIK for Ministerial InstrumentsSee also:2 of 200014 of 20001 of 2001 | 13 March 2001 | |
Service and Dietary History | Connecting dietary fat intake to development of prostate cancer. Obtaining diet histories for the purpose of determining claims. Diet Survey Forms | 3 of 1999CCPS Commentary AAT cases Collingwood, Grace etc | 13 March 2001 | |
Continuous Full-Time Service | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 5 May | Which SoP applies in a review of the original decision. | Repatriation Commission v Keeley (FFC) 28 April 2000 | 5 May 2000
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Popular, Regional and National Police Field Forces in Vietnam | 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 | 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 | 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. | 2 June 2000 | |
Payments of Invalidity Service Pension and Temporary Special Rate are contradictory | 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 | 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) | 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 | How to determine the primary site for a secondary cancer. | DI of B4 — 1 of 1995. Cases of Cooke and Gosewinkel. | 8 December 2000 | |
Extension of VEA benefits for South-East Asian Service 1955 to 1975 | 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 | 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 | 19 January | The date of effect for new SoPs. | Federal Court decision in Keeley | 19 January 1999 |
Proper function of delegates | 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 | 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 | 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 | 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 | 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 | 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 | 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 |