Amendment Statement of Principles concerning acute myeloid leukaemia (Reasonable Hypothesis) (No. 33 of 2016)

Administered by Department of Veterans' Affairs

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EXPLANATORY STATEMENT

 

AMENDMENT STATEMENT OF PRINCIPLES CONCERNING

ACUTE MYELOID LEUKAEMIA

(REASONABLE HYPOTHESIS) (NO. 33 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 myeloid leukaemia (Reasonable Hypothesis) (No. 33 of 2016).

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 (Reasonable Hypothesis) (No. 33 of 2016).

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

  • replacing the existing factor in subsection 9(7) concerning 'being exposed to benzene'; and
  • replacing the definition of 'being exposed to benzene' with the definition of 'being exposed to benzene as specified' in Schedule 1 – Dictionary.

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 benzene as a factor in acute myeloid leukaemia in the Government Notices Gazette of 9 December 2015, 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, 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 myeloid leukaemia as advertised in the Government Notices Gazette of 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. 33 of 2016

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(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 myeloid leukaemia;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes a revised factor 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 (Reasonable Hypothesis) (No. 33 of 2016) is an amendment to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, introduced to address the evolving understanding of the medical-scientific evidence concerning acute myeloid leukaemia in veterans and service personnel. This legislative instrument was determined by the Repatriation Medical Authority under the authority vested in it by the Veterans’ Entitlements Act 1986, with the primary policy objective of ensuring that the provisions governing compensation and treatment for acute myeloid leukaemia reflect the most current sound medical-scientific evidence. The amendment replaces the existing factor concerning exposure to benzene and revises the definition of exposure to benzene to better align with the latest medical evidence, thereby facilitating more accurate and equitable claims assessments for veterans suffering from acute myeloid leukaemia. This amendment aims to enhance the medico-scientific quality of outcomes under the Acts by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting the human rights of veterans, current and former Defence Force members, and their dependents. It supports their rights to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, without discrimination. The instrument has been assessed to be compatible with human rights as it neither derogates from any human rights nor compromises the rights of those affected, instead promoting the effective exercise of their rights in relation to social security and health benefits.

Scope and Application

This legislation, Amendment Statement of Principles concerning acute myeloid leukaemia (Reasonable Hypothesis) (No. 33 of 2016), is an instrument determined under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. Its primary purpose is to amend the existing Statement of Principles concerning acute myeloid leukaemia (No. 71 of 2015) to reflect the current sound medical-scientific evidence. The amendment replaces the existing factor related to exposure to benzene with a more specific definition and aims to facilitate claimants in making and the Repatriation Commission in assessing claims under the VEA and the MRCA. This instrument applies to veterans, current and former Defence Force members, and their dependents who are eligible for benefits related to acute myeloid leukaemia. The instrument specifies the circumstances in which medical treatment and compensation can be extended, thereby ensuring that the qualifying conditions for the benefit are reasonable, proportionate, and transparent. The instrument is compatible with human rights, promoting various rights such as the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, without derogation from any human rights.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning acute myeloid leukaemia (Reasonable Hypothesis) (No. 33 of 2016) concern the replacement of factors and definitions related to exposure to benzene in the context of acute myeloid leukaemia. Specifically, this Instrument amends the Statement of Principles concerning acute myeloid leukaemia (No. 71 of 2015) by replacing the existing factor in subsection 9(7) concerning 'being exposed to benzene' and the definition of 'being exposed to benzene' with a new definition of 'being exposed to benzene as specified' (section 2). This amendment reflects the most current medical-scientific evidence regarding the link between exposure to benzene and acute myeloid leukaemia. The Instrument also specifies a commencement date for these changes (section 4). The obligations and requirements imposed by this Act primarily relate to the establishment of the new criteria for linking acute myeloid leukaemia with service for the purposes of making claims under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It requires that these claims be assessed based on the revised and more accurate medical-scientific evidence concerning exposure to benzene. The Repatriation Medical Authority (the Authority) is responsible for determining these statements of principles in accordance with subsections 196B(2) and (8) of the VEA. The Authority must ensure that the factors and definitions it sets out are based on sound medical-scientific evidence and facilitate the assessment of claims by the Repatriation Commission, the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal, and the overall administration of benefits under the VEA and MRCA. Breaches of the provisions within this Act, though primarily focused on the accuracy and fairness of medical-scientific evidence used in claims assessment, could lead to significant civil and criminal consequences. While the Act does not explicitly detail specific offences or penalties, any failure by the Authority to adhere to the requirement to base its determinations on sound medical-scientific evidence could result in judicial review or other legal challenges. Additionally, if the new criteria result in the unjust denial of benefits to eligible claimants, this could lead to compensation claims or other civil remedies against the Commonwealth. The compatibility with human rights ensures that the Act does not infringe upon the rights of veterans, current and former Defence Force members, or their dependents, as it promotes their rights to social security, an adequate standard of living, and health, without discrimination.

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