Amendment Statement of Principles concerning acute myeloid leukaemia (No. 17 of 2020)

Administered by Department of Veterans' Affairs

Legislation au F2020L00193 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

ACUTE MYELOID LAUKAEMIA

 (NO. 17 OF 2020)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning acute myeloid leukaemia (No. 17 of 2020).

Background

2.             The Repatriation Medical Authority (the Authority) has determined, under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986 (the VEA) Amendment Statement of Principles concerning acute myeloid leukaemia (No. 17 of 2020).

3.             This Instrument amends Statement of Principles concerning acute myeloid leukaemia (No. 71 of 2015) (Federal Register of Legislation No. F2015L00903) by:

  • inserting a new factor in subsection 9(13a) concerning inhaling, ingesting or having cutaneous contact with dieldrin or aldrin; and
  • inserting a new factor in subsection 9(13b) concerning inhaling, ingesting or having cutaneous contact with diazinon.

Day of Commencement

4.             This Instrument also specifies a day of commencement for the amendment in accordance with subsection 12(3) of the Legislation Act 2003.

Consultation

5.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to acute myeloid leukaemia in the Government Notices Gazette of 29 October 2019, and circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants.  The Authority invited submissions from the Repatriation Commission, the Military Rehabilitation and Compensation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field.  One submission was received for consideration by the Authority in relation to 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 myeloid leukaemia as advertised in the Government Notices Gazette of 29 October 2019.

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. 17 of 2020

Kind of Injury, Disease or Death: Acute myeloid 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(2) 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 connecting 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 myeloid leukaemia;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes new 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 myeloid leukaemia with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 71 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning acute myeloid 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 myeloid leukaemia (No. 17 of 2020) was enacted in 2020 by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument addresses the need to update the existing principles governing the recognition of acute myeloid leukaemia as a service-related injury or disease for veterans and service personnel. The Repatriation Medical Authority conducted an investigation into acute myeloid leukaemia, inviting submissions from relevant stakeholders, and determined this amendment based on the most recent medical-scientific evidence. The primary objective of this legislative amendment is to facilitate the assessment and determination of claims by eligible individuals suffering from acute myeloid leukaemia, ensuring that compensation and medical treatment are provided in accordance with sound medical-scientific evidence. This amendment introduces new factors concerning exposure to dieldrin or aldrin and diazinon, reflecting advancements in medical research since the previous instrument was enacted. It aims to improve the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The legislative instrument is also compatible with human rights, promoting the rights of veterans, service personnel, and their dependents, including social security, adequate living standards, and health, without discrimination. This amendment ensures that the qualifying conditions for benefits are reasonable, proportionate, and transparent, facilitating the review and assessment processes.

Scope and Application

The Amendment Statement of Principles concerning acute myeloid leukaemia (No. 17 of 2020) applies to veterans and current or former Defence Force members who are eligible to make claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The amendment specifically relates to claims involving acute myeloid leukaemia, a type of blood cancer, and its potential connection to exposure to certain chemicals such as dieldrin, aldrin, and diazinon. The scope of the Act includes those who have inhaled, ingested, or had cutaneous contact with these chemicals during their service. The instrument is designed to facilitate the process of assessing claims and providing compensation and medical treatment to eligible individuals by specifying the necessary conditions that must be met to establish a link between the disease and service circumstances. The legislative instrument is applicable nationally, extending to all veterans and service personnel across Australia. There are no stated exclusions or thresholds within the text of this particular instrument, although the application and interpretation of the instrument may be influenced by subordinate instruments or case law. The instrument's compatibility with human rights is affirmed, ensuring that it promotes various rights, including the right to social security, adequate standard of living, and health, without discrimination.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning acute myeloid leukaemia (No. 17 of 2020) (the Instrument) are found in sections 9(13a) and 9(13b) where new factors are inserted to connect acute myeloid leukaemia with exposure to dieldrin or aldrin, and diazinon, respectively (subsections 9(13a) and 9(13b)). This amendment aims to provide clarity and further specify the circumstances in which medical treatment and compensation can be extended to eligible persons who have acute myeloid leukaemia. It reflects the most current sound medical-scientific evidence concerning the disease. The obligations imposed by the Act on parties include the requirement for claimants to demonstrate exposure to dieldrin or aldrin, and diazinon, as factors connecting acute myeloid leukaemia with their service. The Repatriation Commission is obligated to assess claims based on the new factors outlined in the Instrument, while the Veterans' Review Board and the Administrative Appeals Tribunal are tasked with reviewing decisions made by the Repatriation Commission. The Instrument aims to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent, facilitating the assessment and determination of social security benefits. There are no specific offences, penalties, or civil/criminal consequences outlined in the Instrument for breaches of the Act. However, the Repatriation Medical Authority has the power to make determinations under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) to ensure that benefits are provided in accordance with the available sound medical-scientific evidence. Any disputes or non-compliance with the Act would likely be addressed through the review and appeal processes outlined in the VEA and MRCA. This Instrument, as a technical amendment, seeks to improve the medico-scientific quality of outcomes under the VEA and MRCA. It does not derogate from any human rights and 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, the right to an adequate standard of living, and the right to the enjoyment of the highest attainable standard of physical and mental health. The Instrument is compatible with human rights, as it does not derogate from and promotes a number of human rights as outlined in the Statement of Compatibility with Human Rights.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.