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The functions of the Authority are specified in section 196B of the
VEA. The major function of the Authority 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 relevant 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 relevant 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.
It can be seen that the Authority 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.
The function of the Authority 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, or a decision not to make a Statement
of Principles depending upon whether the Authority 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.
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.
A Statement of Principles is a legislative instrument for the purposes
of the Legislative Instruments Act 2003.
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This page last updated 28 September 2005.
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