Amendment Statement of Principles concerning aortic aneurysm No. 71 of 2019

Administered by Department of Veterans' Affairs

Legislation au F2019L00960 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

AORTIC ANEURYSM

NO. 71 of 2019

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning aortic aneurysm No. 71 of 2019.

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 aortic aneurysm No. 71 of 2019.

3.             This Instrument amends Statement of Principles concerning aortic aneurysm No. 9 of 2012 (Federal Register of Legislation No. F2012L00017) by:

  • replacing the existing factors "(b)" and "(p)" in clause 6 concerning 'being in an atmosphere with a visible tobacco smoke haze' with factors for 'being exposed to second-hand smoke' numbered "(b)", "(ba)", "(p)" and "(pa)"; and
  • inserting a definition of 'being exposed to second-hand smoke' in clause 9 in alphabetical order.

Day of Commencement

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

Consultation

5.             Prior to determining this Instrument, the Authority had advertised its intention to undertake an investigation in respect of passive smoking as a factor in the Statements of Principles concerning aortic aneurysm in the Government Notices Gazette of 8 January 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. 

6.             The Authority received submissions from a veteran containing sound medical-scientific evidence for consideration by the Authority during the investigation.

7.             The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it had previously considered.

Human Rights

8.             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

9.             The determining of this Instrument finalises the investigation in respect of passive smoking as a factor in the Statements of Principles concerning aortic aneurysm as advertised in the Government Notices Gazette of 8 January 2019.

References

10.         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. 71 of 2019

Kind of Injury, Disease or Death: Aortic aneurysm

 

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 additional circumstances in which medical treatment and compensation can be extended to eligible persons who have aortic aneurysm;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes 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 aortic aneurysm with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • amends Instrument No. 9 of 2012; and
  • reflects developments in the available sound medical-scientific evidence concerning aortic aneurysm 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 aortic aneurysm No. 71 of 2019, enacted in 2019, was introduced to address the evolving understanding of the medical-scientific evidence surrounding the connection between aortic aneurysm and certain service-related factors, particularly the exposure to second-hand smoke. The Repatriation Medical Authority, acting under the authority conferred by the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, determined this amendment to ensure that the statements of principles accurately reflect the current medical-scientific evidence. The amendment aims to facilitate more accurate claims and assessments by incorporating the latest evidence regarding the impact of second-hand smoke exposure on the development of aortic aneurysm among eligible veterans. The Authority conducted a thorough investigation, consulting with relevant organisations and experts, and received submissions that informed the final determination of this amendment. This legislative instrument seeks to uphold and promote human rights by ensuring that veterans and other eligible persons receive fair and equitable social security and health-related benefits.

Scope and Application

The Amendment Statement of Principles concerning aortic aneurysm No. 71 of 2019 pertains to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument is directed at individuals who are eligible for benefits under these acts, particularly veterans, current and former Defence Force members, and their dependents, who are affected by aortic aneurysm. The amendments are made to improve the medico-scientific quality of outcomes concerning the connection between aortic aneurysm and service circumstances. The instrument updates the Statement of Principles concerning aortic aneurysm No. 9 of 2012 by replacing factors related to being in an atmosphere with a visible tobacco smoke haze with new factors for being exposed to second-hand smoke, and it introduces a new definition of the latter. This legislative instrument has a Commonwealth jurisdictional reach, and it is applicable nationwide. The amendments extend the application of the principles by incorporating the latest sound medical-scientific evidence regarding passive smoking and aortic aneurysm, thereby ensuring that claimants and the Repatriation Commission have up-to-date criteria for assessing claims and determining eligibility for benefits. The instrument's commencement date is specified in accordance with the Legislation Act 2003.

Key Provisions

The Amendment Statement of Principles concerning aortic aneurysm No. 71 of 2019 amends the existing Statement of Principles concerning aortic aneurysm No. 9 of 2012, primarily by updating the factors associated with exposure to second-hand smoke, replacing the previous references with more specific criteria (sections 6 and 9). These changes reflect the latest medical-scientific evidence regarding the impact of second-hand smoke on the development of aortic aneurysms. The new factors are now numbered (b), (ba), (p), and (pa) in clause 6, and a definition of 'being exposed to second-hand smoke' has been added to clause 9, which is listed in alphabetical order. This amendment imposes specific obligations on the parties governed by the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. Claimants must now provide evidence that aligns with the newly specified factors for exposure to second-hand smoke when seeking medical treatment and compensation for aortic aneurysms related to their service. The Repatriation Commission, responsible for assessing these claims, must evaluate the evidence against the revised criteria. Similarly, the Veterans' Review Board and the Administrative Appeals Tribunal, tasked with reviewing such decisions, must apply the updated principles in their assessments. There are no specific offences or penalties outlined in the Amendment Statement of Principles concerning aortic aneurysm No. 71 of 2019. However, the importance of these amendments lies in their potential to affect the eligibility and assessment of benefits for veterans and service personnel. Non-compliance with the new criteria, either by claimants in providing evidence or by the Commission in evaluating claims, could lead to disputes and appeals. The revised factors are intended to ensure that claims are assessed based on the most current medical-scientific understanding, thereby promoting fairness and accuracy in the determination of benefits. This legislative instrument does not introduce any new human rights concerns; rather, it promotes the rights of veterans and service personnel by ensuring that the criteria for benefits are reasonable, proportionate, and transparent. By facilitating the assessment and determination of social security benefits, it supports the right to social security and an adequate standard of living, as well as the right to the highest attainable standard of physical and mental health. The amendments also ensure that these rights are exercised without discrimination, in line with international human rights standards.

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