Amendment Statement of Principles concerning Alzheimer-type dementia No. 17 of 2014

Administered by Department of Veterans' Affairs

Legislation au F2014L00026 Not in force Legislative Instrument

Legislation content

REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 17 OF 2014

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(2) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Amendment Statement of Principles Instrument No. 17 of 2014.

 

2.             This Instrument amends Statement of Principles Instrument No. 22 of 2010 concerning Alzheimer-type dementia by:

 

  • replacing existing factor 6(e) concerning 'diabetes mellitus';
  • inserting new factor 6(ja) concerning 'posttraumatic stress disorder';
  • inserting new factor 6(jb) concerning 'ionising radiation';
  • inserting new factor 6(jc) concerning 'therapeutic radiation'; and
  • inserting a new definition for 'cumulative equivalent dose' in clause 9;

 

3.             This Instrument also specifies a date of effect for the amendment in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003.

 

4.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in respect of posttraumatic stress disorder and diabetes mellitus as factors in Alzheimer-type dementia in the Government Notices Gazette of 31 October 2012, 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.

 

5.             Prior to determining this Instrument, the Authority advertised its intention to undertake a further investigation in respect of exposure to ionising radiation as a factor in Alzheimer-type dementia in the Government Notices Gazette of 16 October 2013, 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 again 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.  No submissions were received for consideration by the Authority during the investigation.

 

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.

 

7.             The determining of this Instrument finalises the investigations in relation to Alzheimer-type dementia as advertised in the Government Notices Gazette of 31 October 2012 and 16 October 2013.

 

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 2014

Kind of Injury, Disease or Death: Alzheimer-type dementia

 

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).

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 Alzheimer-type dementia;
  • 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 Alzheimer-type dementia with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 22 of 2010; and
  • reflects developments in the available sound medical-scientific evidence concerning Alzheimer-type dementia 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; and
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD).

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 Repatriation Medical Authority Instrument No. 17 of 2014 amends Statement of Principles Instrument No. 22 of 2010 concerning Alzheimer-type dementia under the Veterans’ Entitlements Act 1986. The purpose of this amendment is to include new factors such as posttraumatic stress disorder, ionising radiation, and therapeutic radiation as contributing factors for Alzheimer-type dementia. This legislative instrument facilitates the assessment and determination of claims by specifying the circumstances under which medical treatment and compensation can be extended to eligible persons, thus improving the medico-scientific quality of outcomes. The Authority sought submissions from relevant stakeholders and organisations during its investigations. The instrument is compatible with human rights as it promotes the rights of veterans, current and former Defence Force members, and their dependents by ensuring reasonable, proportionate, and transparent benefit conditions, and facilitating the assessment and determination of social security benefits and health-related compensation.

Scope and Application

The Repatriation Medical Authority Instrument No. 17 of 2014 amends the Statement of Principles concerning Alzheimer-type dementia under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument applies to veterans and current or former members of the Defence Force who have Alzheimer-type dementia, broadening the eligibility criteria by adding new factors that must exist to establish a reasonable hypothesis connecting the condition with their service. The instrument replaces the existing factor concerning diabetes mellitus and introduces new factors concerning posttraumatic stress disorder, ionising radiation, and therapeutic radiation. Additionally, it inserts a new definition for 'cumulative equivalent dose'. The amendments reflect advancements in medical-scientific evidence since the previous instrument was determined in 2010. This instrument is applicable on a national level, affecting all eligible claimants under the Acts, and it extends the application of the legislation by incorporating new evidence-based factors into the assessment of claims. There are no stated exclusions or exemptions within this instrument, although the applicability of the new factors will depend on the individual circumstances of each claim. The Authority’s investigation and subsequent determination process were inclusive, inviting submissions from relevant organisations and individuals, and ensuring a broad scope of consultation.

Key Provisions

The main operative sections of this legislative instrument are those that amend the existing Statement of Principles Instrument No. 22 of 2010 concerning Alzheimer-type dementia. This includes replacing the existing factor 6(e) concerning 'diabetes mellitus' and inserting new factors such as 6(ja) concerning 'posttraumatic stress disorder', 6(jb) concerning 'ionising radiation', and 6(jc) concerning 'therapeutic radiation'. Additionally, it inserts a new definition for 'cumulative equivalent dose' in clause 9 (sections 2 and 4). These changes aim to ensure that the qualifying conditions for benefits related to Alzheimer-type dementia are based on current sound medical-scientific evidence. The Repatriation Medical Authority (the Authority) has certain obligations and requirements under this legislative instrument. These include facilitating claimants in making and the Repatriation Commission in assessing claims under the Veterans’ Entitlements Act 1986 (the VEA) and the Military Rehabilitation and Compensation Act 2004 (the MRCA) respectively. The Authority must ensure that these claims are made and assessed based on the updated factors specified in the instrument. Additionally, the Authority is required to facilitate the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. It must also ensure that the instrument is compatible with human rights and freedoms as recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. For breach of the provisions set out in this legislative instrument, there are potential offences, penalties, or civil/criminal consequences, though specific penalties are not detailed within the explanatory notes. The instrument aims to improve the medico-scientific quality of outcomes under the VEA and the MRCA, and any failure to adhere to its requirements could result in legal consequences. These might include challenges to the validity of claims or reviews, as well as potential administrative or judicial penalties for non-compliance with the specified factors and definitions. The exact nature and severity of these consequences would be determined by relevant legal authorities and the specific circumstances of any breach.

Legal classification tags

Area of Law
Veterans’ Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Human Rights Law

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.