Amendment Statement of Principles concerning acute lymphoblastic leukaemia No. 37 of 2016

Administered by Department of Veterans' Affairs

Legislation au F2016L00263 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT STATEMENT OF PRINCIPLES CONCERNING

ACUTE LYMPHOBLASTIC LEUKAEMIA

NO. 37 OF 2016

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning acute lymphoblastic leukaemia No. 37 of 2016.

Background

2.             The Repatriation Medical Authority (the Authority) has determined, under subsections 196B(2) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Amendment Statement of Principles concerning acute lymphoblastic leukaemia No. 37 of 2016.

3.             This Instrument amends Statement of Principles concerning acute lymphoblastic leukaemia No. 75 of 2012 by:

  • replacing existing factor (b) in clause 6 concerning 'being exposed to benzene';
  • inserting new factor (ba) in clause 6 concerning 'cumulative exposure to benzene';
  • replacing the definition of 'being exposed to benzene' in clause 9 with the definition of 'being exposed to benzene as specified; and
  • inserting a definition of 'ppm-years' in alphabetical order in clause 9.

Day of Commencement

4.             This Instrument also specifies a day of commencement for the amendment in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003.

Consultation

5.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to the definition of 'being exposed to benzene' in the Statement of Principles concerning acute lymphoblastic leukaemia No. 75 of 2012 in the Government Notices Gazette of 1 September 2015.  This investigation was broadened to benzene and re-advertised in the Government Notices Gazette of 9 December 2015.  Copies of the notices of intention to investigate were circulated to a wide range of organisations representing veterans, service personnel and their dependants.  The Authority invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field.  Three submissions were received for consideration by the Authority during the investigation.

Human Rights

6.             This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A Statement of Compatibility with Human Rights follows.

Finalisation of Investigation

7.             The determining of this Instrument finalises the investigation in relation to acute lymphoblastic leukaemia, Statement of Principles No. 75 of 2012, as advertised in the Government Notices Gazettes of 1 September 2015 and 9 December 2015.

References

8.             A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA.  Any such request must be made in writing to the Repatriation Medical Authority at the following address:

The Registrar

Repatriation Medical Authority

GPO Box 1014

BRISBANE    QLD    4001

 


Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

Instrument No.:   Amendment Statement of Principles No. 37 of 2016

Kind of Injury, Disease or Death: Acute lymphoblastic leukaemia

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

1. This Legislative Instrument is determined pursuant to subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).  Part XIA of the VEA requires the determination of these instruments outlining the factors linking particular kinds of injury, disease or death with service such being determined solely on the available sound medical-scientific evidence.

2. This Legislative Instrument:-

  • facilitates claimants in making, and the Repatriation Commission in assessing, claims under the VEA and the MRCA respectively, by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have acute lymphoblastic leukaemia;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes new and revised factors which the current sound medical-scientific evidence indicates must as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting acute lymphoblastic leukaemia with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 75 of 2012; and
  • reflects developments in the available sound medical-scientific evidence concerning acute lymphoblastic leukaemia which have occurred since that earlier instrument was determined. 

3. The Instrument is assessed as being a technical instrument which improves the medico-scientific quality of outcomes under the VEA and the MRCA. 

Human Rights Implications

4. This Legislative Instrument does not derogate from any human rights. It promotes the human rights of veterans, current and former Defence Force members as well as other persons such as their dependents, including:

  • the right to social security (Art 9, International Covenant on Economic, Social and Cultural Rights; Art 26, Convention on the Rights of the Child and Art 28, Convention on the Rights of Persons with Disabilities) by helping to ensure that the qualifying conditions for the benefit are 'reasonable, proportionate and transparent'[1];
  • the right to an adequate standard of living (Art 11, ICSECR; Art 27, CRC and Art 28, CRPD) by facilitating the assessment and determination of social security benefits;
  • the right to the enjoyment of the highest attainable standard of physical and mental health (Art 12, ICSECR and Art 25, CRPD), by facilitating the assessment and determination of compensation and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members;
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD); and
  • ensuring that those rights "will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" (Art 2, ICESCR).

Conclusion

This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights.

 

Repatriation Medical Authority

 

 

 

 

 

 

[1] In General Comment No. 19 (The right to social security), the Committee on Economic, Social and Cultural Rights said (at paragraph 24) this to be one of the elements of ensuring accessibility to social security.

Overview

The Amendment Statement of Principles concerning acute lymphoblastic leukaemia No. 37 of 2016 is an amendment to Statement of Principles concerning acute lymphoblastic leukaemia No. 75 of 2012. This amendment was determined by the Repatriation Medical Authority under subsections 196B(2) and (8) of the Veterans’ Entitlements Act 1986 and is aimed at addressing the evolving understanding of acute lymphoblastic leukaemia, particularly concerning exposure to benzene. The Authority sought to refine the criteria for determining eligibility for benefits related to acute lymphoblastic leukaemia by incorporating new and revised factors based on the latest medical-scientific evidence. The amendment facilitates the assessment and review of claims related to acute lymphoblastic leukaemia, ensuring that the process is both transparent and reflective of current scientific knowledge. This legislative instrument is intended to enhance the medico-scientific quality of outcomes under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, while promoting the human rights of veterans and their dependants. The Repatriation Medical Authority, as the enacting body, has ensured that the amendment aligns with human rights standards by not derograting from any human rights and by promoting several rights, including the right to social security, the right to an adequate standard of living, and the right to the highest attainable standard of physical and mental health. The Authority undertook a broad consultation process, inviting submissions from relevant organisations and experts, and has confirmed that the amendment is compatible with human rights as recognised in international instruments. The amendment specifies a day of commencement to ensure its timely implementation, finalising the investigation into acute lymphoblastic leukaemia as advertised in the Government Notices Gazettes of 1 September 2015 and 9 December 2015.

Scope and Application

The Amendment Statement of Principles concerning acute lymphoblastic leukaemia No. 37 of 2016, as outlined in the explanatory statement, pertains to the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It applies to veterans, current and former Defence Force members, and their dependants who may be eligible for medical treatment and compensation related to acute lymphoblastic leukaemia. This instrument amends the existing Statement of Principles concerning acute lymphoblastic leukaemia No. 75 of 2012 to reflect advancements in medical-scientific evidence and ensure that claims for benefits under the VEA and MRCA are assessed fairly and transparently. The amendment includes changes such as replacing the existing factor concerning exposure to benzene with a new factor regarding cumulative exposure to benzene and updating the definition of exposure to benzene to better align with current evidence. This instrument ensures that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting the human rights of veterans, Defence Force members, and their dependants. The instrument is compatible with human rights as it does not derogate from any human rights and, in fact, promotes several, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The scope of this amendment extends to those who have served in the Australian Defence Force and are currently affected by or seeking compensation for acute lymphoblastic leukaemia. The legislative instrument is determined under the VEA and MRCA, ensuring that its application is nationally consistent and adheres to the legal framework governing veterans' entitlements and military rehabilitation. The amendment reflects the latest medical-scientific evidence, ensuring that the criteria for eligibility remain current and evidence-based. The instrument's technical nature facilitates better assessment and review processes by the Repatriation Commission, Veterans' Review Board, and Administrative Appeals Tribunal. The amendments do not exclude any groups and are intended to enhance the clarity and effectiveness of the claims process, ensuring that benefits are awarded in a manner that is fair, transparent, and in line with human rights principles.

Key Provisions

The main provisions of the Amendment Statement of Principles concern acute lymphoblastic leukaemia No. 37 of 2016 (subsection 196B(8) of the Veterans' Entitlements Act 1986) include amendments to the existing Statement of Principles concerning acute lymphoblastic leukaemia No. 75 of 2012. Specifically, it replaces existing factor (b) in clause 6 concerning 'being exposed to benzene' with a new factor (ba) concerning 'cumulative exposure to benzene' (section 2). Additionally, the definition of 'being exposed to benzene' in clause 9 is replaced with 'being exposed to benzene as specified' and a new definition of 'ppm-years' is inserted (section 3). This Instrument aims to ensure that claimants and the Repatriation Commission have a clear framework for assessing claims under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The obligations imposed by the Act on the parties it governs include ensuring that the determination of acute lymphoblastic leukaemia and its connection to service is based on the latest sound medical-scientific evidence. The Repatriation Medical Authority is responsible for reviewing and amending the Statement of Principles to reflect new evidence, which assists in the assessment and determination of claims by the Repatriation Commission, review by the Veterans' Review Board, and appeals by the Administrative Appeals Tribunal. Additionally, the Authority must ensure that the amended principles are compatible with human rights, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. Offences and penalties are not explicitly mentioned in the text. However, failure to comply with the amended Statement of Principles could result in improper assessments of claims, potentially leading to incorrect denials or approvals of benefits. The consequences of such failures could include legal challenges, administrative reviews, or appeals. Given that the legislative instrument aims to improve the quality of medico-scientific outcomes under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, non-compliance could undermine the effectiveness of these Acts in providing appropriate support to veterans and their dependents.

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