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The functions of the Repatriation Medical Authority are
specified in section 196B of the VEA. The major function of the RMA is to
determine Statements of Principles in respect of particular kinds of injury, disease
or death, based on "sound medical-scientific evidence" for the purpose
of applying the applicable standards of proof relating to veterans' matters; the
"reasonable hypothesis" standard and the "reasonable satisfaction"
(or "balance of probabilities") standard.
A Statement of Principles in respect of a particular kind of injury, disease or death
which applies for the purposes of the "reasonable hypothesis" standard
details the factors that must as a minimum exist and which of those factors must
be related to service rendered by a person, before it can be said that a reasonable
hypothesis has been raised connecting an injury, disease or death of that kind with
the circumstances of that service.
A Statement of Principles which applies for the purposes of the "reasonable
satisfaction" standard sets out the factors that must exist, and which of those
factors must be related to service rendered by a person before it can be said that,
on the balance of probabilities, an injury, disease or death of that kind is connected
with the circumstances of that service.
Given the nature of the above, it can be seen that the RMA is not concerned with
individual claims or cases but with the task of developing Statements of Principles
in order for the Repatriation Commission to assess claims for disability pension.
Another function of the RMA is to conduct investigations either on its own initiative
or when it receives a request under section 196E of the VEA in respect of
a particular kind of injury, disease or death. Investigations may lead to the determination
of a new Statement of Principles, or an amendment of an existing Statement of Principles
depending upon whether the RMA is of the view that there is sufficient sound medical-scientific
evidence on which it can rely to make a new, or amend an existing, Statement of Principles.
A Statement of Principles is a disallowable instrument for the purposes of section
46A of the Acts Interpretation Act 1901.
Sound medical-scientific evidence is defined in section 5AB(2) of the VEA as
follows:
Information about a particular kind of injury, disease or
death is taken to be sound medical-scientific evidence if:
(a) the information:
(i) is consistent with material relating to medical science
that has been published in a medical or scientific publication and has been, in the
opinion of the Repatriation Medical Authority, subjected to a peer review process;
or
(ii) in accordance with generally accepted medical practice,
would serve as the basis for the diagnosis and management of a medical condition:
and
(b) in the case of information about how that kind of injury,
disease or death may be caused - meets the applicable criteria for assessing causation
currently applied in the field of epidemiology.
This page last updated 10 April 2002.
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