Statements of principles

This page provides a brief description of the Statements of Principles (SoPs) used in determining claims for liability for injuries, diseases and deaths under the Military Rehabilitation and Compensation Act 2004 (MRCA).

What are Statements of Principles?

The SoPs are legislative instruments that set out the factors which can connect particular injuries, diseases or death with service. SoPs are determined by the Repatriation Medical Authority (RMA). SoPs alone set out what factors could cause a medical condition that is the subject of a claim. In order for a claim to succeed at least one of the SoP factors must be related to service.

There are two SoPs for each condition:

• one for determining claims relating to operational (including warlike and non-warlike), peacekeeping, hazardous and British nuclear test service; and
• one for determining claims relating to other eligible service.

This is because the different types of service attract different standards of proof for determining claims.

How to obtain a SoP?

SoPs are available on the Repatriation Medical Authority (RMA) website at www.rma.gov.au.

How are SoPs used?

SoPs are used in determining liability for injuries, diseases and deaths under the MRCA (and for claims that have been determined under the Veterans' Entitlement Act 1986) and are legally binding on all decision makers.

For claims where SoPs are required to be used, all decision makers must decide whether any of the factors in the SoP for the condition being investigated apply to the person making the claim. If one of the factors applies, then the decision maker must see if it is also connected to the service of the claimant. In order for a claim to succeed in these cases, at least one of the SoP factors must be related to service.

When SoPs are note used

SoPs did not apply to any claims under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and do not apply under the VEA and/or MRCA in the following circumstances:

• where the RMA has not determined a SoP for the particular type of disease or injury, or the kind of death, and has not declared that it does not propose to make such a SoP;
• where a death is directly due to an accepted condition.
• where an injury or disease was caused or aggravated as an unintended consequence of treatment provided by the Commonwealth. (MRCA).
• where there has been aggravation of signs or symptoms of an injury or disease by service. (MRCA).

Additionally, claims under two new heads of liability – Presumptive Liability and Medical Event On Duty – without reference to SoPs, as are claims where the Commission is of the opinion that an injury or death sustained in an accident would not have occurred but for the rendering of defence service.

What is the Repatriation Medical Authority (RMA)?

The RMA is an independent statutory authority responsible to the Minister for Veterans' Affairs. The Authority consists of five practitioners eminent in fields of medical science. The role of the RMA is to:

• determine whether there is sound medical-scientific evidence that links particular kinds of injury, disease or death with war or defence service; and
• reflect the causal links in legally binding Statements of Principles (SoPs), which are disallowable Instruments tabled in Parliament.

The RMA does not have any role in assessing an individual’s claim for benefits, which is the responsibility of the Department of Veterans' Affairs.

How are SoPs made or changed?

The RMA determines the SoPs after extensive investigations of the medical literature and research available worldwide. The SoPs are then tabled in both Houses of the Australian Parliament and notified in the Commonwealth of Australia Gazette. A notification is published on the RMA website. Major ex-service organisations, and anyone who has registered an interest in the investigation of the SoP, are also informed.

Where the RMA updates a SoP between a veteran’s primary and review decisions, the version of the SoP which is most beneficial to the veteran’s circumstances will be applied. For example, if the earlier of the two versions of the SoP includes a factor, such as a timeframe or exposure threshold) that is met by the veteran’s contention, but the later of the two SoPs does not, then this old factor will be used in the consideration or review instead of the new factor. This is the case when where the earlier SoP is no longer in force at the time.

Each SoP contains the date on which it takes effect. The SoPs remain law unless either House of the Australian Parliament disallows them or they are revoked by the RMA.

The RMA keeps the SoPs as up to date as possible by keeping abreast of current medical research. 

Requests to create a new SoP or to review a SoP can be made to the RMA by:

• veterans;
• serving and former members of the ADF;
• eligible dependants;
• ex-service organisations; or
• the Repatriation Commission.

How do I request changes to a SoP?

A request can be made to review some or all of the contents of a SoP, and should indicate any information available in support of the request. A request must be made on an RMA form and lodged with the RMA.

These forms are available from the RMA by:

Phone: (07) 3815 9404

RMA email: info@rma.gov.au

RMA website: www.rma.gov.au

Mail: The Repatriation Medical Authority

GPO Box 1014

Brisbane QLD 4001

What if I disagree with a SoP or an RMA decision?

You may request the Specialist Medical Review Council (SMRC) to review an RMA decision if you are eligible to make a claim for a pension under the VEA or a claim for compensation under the MRCA, or represent a veterans or members organisation.

If you are eligible, you may request a review of:

• the contents of a SoP;
• a decision of the RMA not to determine a SoP;
• a decision of the RMA not to amend a SoP; and
• a decision of the RMA not to carry out an investigation.

Please note that there are time limits that apply when making such a request to SMRC. Information on how to apply for a review by the SMRC is available on the Applications page of the SMRC website at https://www.smrc.gov.au/reviews-submissions/applications. 

You can contact the SMRC by:

SMRC email: SMRC.Registrar@smrc.gov.au

SMRC website: www.smrc.gov.au

Mail:The Registrar

Specialist Medical Review Council

PO Box 965

Brisbane QLD 4001