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Under section 196E of the VEA the Repatriation Commission, an ex-service
person or eligible dependant, or an organisation representing veterans or
their dependants, may ask the Authority to carry out an investigation in respect
of a particular kind of injury, disease or death, or to review the contents
of a Statement of Principles.
The provisions of the MRCA relating to claims for compensation commenced
on 1 July 2004. As claims under section 319 of the MRCA for acceptance
of liability for a service injury sustained, a service disease contracted
or service death on or after 1 July 2004 are determined by the Military
Rehabilitation and Compensation Commission by reference to the Statements
of Principles issued by the Authority pursuant to the VEA, the Military
Rehabilitation and Compensation (Consequential and Transitional Provisions)
Act 2004 amended section 196E of the VEA to include persons eligible to
make a claim under the MRCA, as well as the Military Rehabilitation and Compensation
Commission.
Twenty-five investigations have been concluded in 2004-2005, as follows:
1. haemorrhoids
2. Hodgkin’s disease
3. chronic bronchitis and emphysema
4. rheumatoid arthritis
5. Jakob-Cruetzfeldt disease
6. malignant neoplasm of the small intestine
7. neoplasm of the pituitary gland
8. metastatic carcinoma of unknown primary
9. malignant neoplasm of the salivary gland
10. non melanotic malignant neoplasm of the skin
11. malignant neoplasm of the penis
12. leptospirosis
13. lateral epicondylitis
14. seizures
15. epilepsy
16. inguinal hernia
17. solar keratosis
18. chronic lymphoid leukaemia*
19. chronic lymphoid leukaemia*
20. chronic lymphoid leukaemia*
21. gastro-oesophageal reflux disease
22. sleep apnoea
23. dermatomyositis
24. impotence
25. malignant neoplasm of the oral cavity or hypopharynx
The investigations related to metastatic carcinoma of unknown primary
[8], leptospirosis [12], lateral epicondylitis [13] and dermatomyositis [21]
resulted in the determination of new Statements of Principles concerning malignant
neoplasm of unknown primary site, leptospirosis, epicondylitis and dermatomyositis.
The investigation related to Hodgkin’s disease [2] resulted in the
revocation of the existing Statements of Principles and the determination
of new Statements of Principles concerning Hodgkin’s lymphoma.
The investigation related to Jakob-Cruetzfeldt disease [5] resulted
in the revocation of the existing Statements of Principles and the determination
of new Statements of Principles concerning Cruetzfeldt-Jakob disease.
The investigations related to non melanotic malignant neoplasm of
the skin [10] and malignant neoplasm of the penis [11] resulted in the revocation
of the existing Statements of Principles and the determination of new Statements
of Principles concerning non-melanotic malignant neoplasm of the skin.
The investigation related to seizures [14] resulted in the revocation
of the existing Statements of Principles and the determination of new Statements
of Principles concerning epileptic seizure.
The investigation related to impotence [22] resulted in the revocation
of the existing Statements of Principles and the determination of new Statements
of Principles concerning erectile dysfunction.
The investigation related to malignant neoplasm of the oral cavity
or hypopharynx [23] resulted in the revocation of the existing Statements
of Principles and the determination of new Statements of Principles concerning
malignant neoplasm of the oral cavity, oropharynx and hypopharynx.
All other investigations finalised during 2004-05 resulted in the
revocation of existing Statements of Principles and the determination of new
Statements of Principles.
The following investigations previously notified have not been concluded
as at 30 June 2005:
1. spondylolisthesis and spondylosis;
2. asbestosis;
3. malignant neoplasm of the larynx;
4. malignant neoplasm of the prostate;
5. malignant neoplasm of the breast;
6. malignant neoplasm of the thyroid gland;
7. acute myeloid leukaemia;
8. seborrhoeic dermatitis;
9. soft tissue sarcoma;
10. malignant neoplasm of the lung;
11. myelodysplastic disorder;
12. peripheral neuropathy;
13. malignant neoplasm of the pancreas;
14. osteoathrosis;
15. rotator cuff syndrome;
16. fracture;
17. Achilles tendonitis or bursitis;
18. acute sprains & acute strains;
19. plantar fasciitis;
20. narcolepsy;
21. Paget’s disease of bone;
22. steatohepatitis;
23. external burns;
24. cervical spondylosis;
25. thoracic spondylosis;
26. lumbar spondylosis;
27. toxic encephalopathy;
28. sudden unexplained death;
29. pulmonary barotrauma;
30. bipolar disorder;
31. caisson disease;
32. Meniere’s disease;
33. motor neuron disease;
34. intervertebral disc prolapse;
35. peptic ulcer disease.
The following investigations notified in the gazette during 2004-2005 have
not been concluded as at 30 June 2005:
1. anxiety disorder
2. depressive disorder
3. post traumatic stress disorder
4. malignant neoplasm of the oesophagus
5. osteoporosis
6. tuberculosis
7. dental caries
8. malignant neoplasm of the bile duct
9. macular branch vein occlusion
10. Parkinson’s disease
11. secondary parkinsonism
12. cardiomyopathy
13. loss of teeth
14. vascular dementia
15. ankylosing spondylitis
16. myopia, hypermetropia and astigmatism
17. ischaemic heart disease
18. cerebrovascular accident
19. heart block (complete)
20. binge eating disorder
21. albinism
22. alpha-1 antitrypsin deficiency
23. alkaptonuria
24. Charcot-Marie-Tooth disease
25. chicken pox
26. congenital cataract
27. acquired hallux valgus
28. congenital hallux valgus
29. Gaucher’s disease
30. haemophilia
31. hepatitis A
32. hepatitis E
33. hereditary spherocytosis
34. herpes zoster
35. horseshoe kidney
36. Huntington’s chorea
37. idiopathic fibrosing alveolitis
38. Marfan syndrome
39. multiple osteochondromatosis
40. myasthenia gravis
41. osteogenesis imperfecta
42. polycystic kidney disease
43. spina bifida
44. von Willebrand’s disease
45. Wilson’s disease
As at 30 June 2005, the Authority had also received seven requests
for review under sub-section 196E(1)(f) of the VEA in respect of which it
decided not to carry out an investigation. These decisions not to carry out
an investigation were made under section 196CA, and in each case written reasons
were provided to the person or organisation making the request.
No requests for review under sub-section 196E(1)(e) were refused.
No requests for review were refused under sub-section 196C (4).
In summary, as at 30 June 2005, the Authority has completed 25 investigations
and decided not to undertake 7 investigations over the 12-month period, and
has ongoing investigations in respect of 80 conditions.
* Subsequent to the notification of an investigation related
to chronic lymphoid leukaemia in the gazette on 16 July 2003, the Specialist
Medical Review Council (SMRC) issued declarations Nos. 9 and 10 dated 25 September
2003 in relation to chronic lymphoid leukaemia (Matter No. 2002/3), which
were notified in the gazette of 1 October 2003. Declaration No. 9 directed
the RMA to conduct an investigation into chronic lymphoid leukaemia in regard
to the Statement of Principle determined under s196B(2). Declaration No. 10
recommended that the RMA carry out an investigation into chronic lymphoid leukaemia in regard to the Statement of Principle determined
under s196B(3). The Authority advertised two further investigations into
chronic lymphoid leukaemia in accordance with these declarations, in each
case specifying that the investigation would be conducted in conjunction with
that investigation advertised on 16 July 2003.
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This page last updated 28 September 2005.
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