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The functions of the RMA 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.
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This page last updated 20 September 2004.
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