Is it time to limit the role of the judiciary in compensation matters?

Citation
K. Donald et A. Bordujenko, Is it time to limit the role of the judiciary in compensation matters?, AUS NZ J PU, 23(3), 1999, pp. 328-330
Citations number
5
Categorie Soggetti
Public Health & Health Care Science
Journal title
AUSTRALIAN AND NEW ZEALAND JOURNAL OF PUBLIC HEALTH
ISSN journal
13260200 → ACNP
Volume
23
Issue
3
Year of publication
1999
Pages
328 - 330
Database
ISI
SICI code
1326-0200(199906)23:3<328:IITTLT>2.0.ZU;2-X
Abstract
The current use of expert medical opinion in both adversarial and inquisito rial legal matters has been criticised and a number of alternatives have be en suggested. These alternatives include pre-trial (non-adversarial) consen sus reports by panels of experts, College-appointed panels of experts, or e xpert assessors to sit with and advise the judge. A further model that dese rves consideration is that of the Repatriation Medical Authority (RMA). Thi s has an established role in the compensation system for Australian Veteran s and specified Defence Force personnel, The RMA provides Statements of Pri nciples which state the causes, within the bounds of the Veterans' Entitlem ents Act, of a specified disease, injury or death on the basis of the avail able 'sound medical scientific evidence'. The RMA is an example of the uses of epidemiology in providing compensation -based social services. This model has emerged as one which has clear impli cations for other compensation environments as well as in other evidence-ba sed social policy decision making arenas. A description of the development and function of the RMA is outlined and th e essential features for its operation are detailed. Fundamentally, this mo del promotes consistency and equity by the use of impartial and evidence-ba sed decision making.