REPATRIATION MEDICAL AUTHORITY INSTRUMENT NO. 97 of 2015 VETERANS’ ENTITLEMENTS ACT 1986 MILITARY REHABILITATION AND COMPENSATION ACT 2004 EXPLANATORY NOTES FOR TABLING The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the (the VEA), revokes Instrument No. 38 of 2007, Veterans' Entitlements Act 1986 determined under subsection 196B(3) of the VEA concerning Achilles tendinopathy and bursitis. The Authority is of the view that there is sound medical-scientific evidence that indicates that Achilles tendinopathy and bursitis and death from Achilles tendinopathy and bursitis can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(3) of the VEA a Statement of Principles concerning Achilles tendinopathy and bursitis (Balance of Probabilities) (No. 97 of 2015). This Instrument will in effect replace the revoked Statement of Principles. Purpose and Operation The Statement of Principles will be applied in determining claims under the VEA and the (the MRCA). Military Rehabilitation and Compensation Act 2004 The Statement of Principles sets out the factors that must exist, and which of those factors must be related to the following kinds of service rendered by a person: eligible war service (other than operational service) under the VEA; defence service (other than hazardous service and British nuclear test defence service) under the VEA; peacetime service under the MRCA, before it can be said that, on the balance of probabilities, Achilles tendinopathy or bursitis or from Achilles tendinopathy or bursitis is connected with the circumstances of that service. The Statement of Principles has been determined for the purposes of both the VEA and the MRCA. This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 31 October 2012 concerning Achilles tendinopathy and bursitis in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered. The contents of this Instrument are in similar terms as the revoked Instrument. Comparing this Instrument and the revoked Instrument, the differences include: adopting the latest revised Instrument format, which commenced in 2015; specifying a day of commencement for the Instrument in section 2;
REPATRIATION MEDICAL AUTHORITY INSTRUMENT NO. 97 of 2015 VETERANS’ ENTITLEMENTS ACT 1986 MILITARY REHABILITATION AND COMPENSATION ACT 2004 EXPLANATORY NOTES FOR TABLING The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), revokes Instrument No. 38 of 2007, determined under subsection 196B(3) of the VEA concerning Achilles tendinopathy and bursitis. The Authority is of the view that there is sound medical-scientific evidence that indicates that Achilles tendinopathy and bursitis and death from Achilles tendinopathy and bursitis can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(3) of the VEA a Statement of Principles concerning Achilles tendinopathy and bursitis (Balance of Probabilities) (No. 97 of 2015). This Instrument will in effect replace the revoked Statement of Principles. Purpose and Operation The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA). The Statement of Principles sets out the factors that must exist, and which of those factors must be related to the following kinds of service rendered by a person: eligible war service (other than operational service) under the VEA; defence service (other than hazardous service and British nuclear test defence service) under the VEA; peacetime service under the MRCA, before it can be said that, on the balance of probabilities, Achilles tendinopathy or bursitis or from Achilles tendinopathy or bursitis is connected with the circumstances of that service. The Statement of Principles has been determined for the purposes of both the VEA and the MRCA. This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 31 October 2012 concerning Achilles tendinopathy and bursitis in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered. The contents of this Instrument are in similar terms as the revoked Instrument. Comparing this Instrument and the revoked Instrument, the differences include: adopting the latest revised Instrument format, which commenced in 2015; specifying a day of commencement for the Instrument in section 2;
SoP-Explanatory-statement-097-of-2015-BoP-247-Achilles-tendinopathy-bursitis-21-September-2015.docx