Amendment Statement of Principles concerning aortic aneurysm No. 72 of 2019

Administered by Department of Veterans' Affairs

Legislation au F2019L00961 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

AORTIC ANEURYSM

NO. 72 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. 72 of 2019.

Background

2.             The Repatriation Medical Authority (the Authority) has determined, under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986 (the VEA) Amendment Statement of Principles concerning aortic aneurysm No. 72 of 2019.

3.             This Instrument amends Statement of Principles concerning aortic aneurysm No. 10 of 2012 (Federal Register of Legislation No. F2012L00015) by:

  • inserting new factors "(ab)", "(ac)", "(na)" and "(nb)" in clause 6 concerning 'being exposed to second-hand smoke'; 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(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 passive smoking as a causal factor of 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 relation to passive smoking as a factor in 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. 72 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(3) 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 aortic aneurysm;
  • 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 exist before it can be said that, on the balance of probabilities, aortic aneurysm is connected with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • amends Instrument No. 10 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. 72 of 2019 was enacted in 2019 to address the problem of updating the criteria for determining the connection between service and aortic aneurysm, specifically regarding exposure to second-hand smoke. The Repatriation Medical Authority, under the Veterans' Entitlements Act 1986, determined this amendment to reflect the latest sound medical-scientific evidence concerning the condition. This amendment introduces new factors related to exposure to second-hand smoke and defines what constitutes such exposure. The legislative objective is to facilitate the assessment of claims and the provision of compensation and medical treatment to eligible veterans and service personnel by the Repatriation Commission and the Military Rehabilitation and Compensation Commission, ensuring the qualifying conditions for benefits are reasonable, proportionate, and transparent. The amendment also aims to promote human rights by ensuring that the rights of veterans, current and former Defence Force members, and their dependents are upheld without discrimination. The Authority undertook a consultation process, advertising its intention to investigate passive smoking as a causal factor of aortic aneurysm and inviting submissions from relevant stakeholders. The determination of this Instrument concludes the investigation, formalising the connection between passive smoking and aortic aneurysm in the context of service-related injuries. This legislative amendment is considered compatible with human rights as it does not derogate from any human rights and promotes the rights of veterans and their dependents by facilitating the assessment and determination of benefits and compensation.

Scope and Application

The Amendment Statement of Principles concerning aortic aneurysm No. 72 of 2019 pertains to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument, determined by the Repatriation Medical Authority, facilitates the assessment and determination of claims for compensation and medical treatment for veterans and current or former Defence Force members who have aortic aneurysm, by specifying the circumstances under which these benefits can be extended. The amendment incorporates new factors, such as exposure to second-hand smoke, into the Statement of Principles concerning aortic aneurysm, reflecting the latest medical-scientific evidence. This instrument applies to all relevant persons including veterans, current and former Defence Force members, and their dependents, who are seeking compensation or medical treatment for aortic aneurysm. The instrument’s geographic reach is national, applying throughout Australia, and it amends the previous Statement of Principles concerning aortic aneurysm No. 10 of 2012. The compatibility statement confirms that the instrument does not derogate from human rights and, in fact, promotes several, including the right to social security, adequate standard of living, and the highest attainable standard of physical and mental health, without discrimination.

Key Provisions

The Amendment Statement of Principles concerning aortic aneurysm No. 72 of 2019 amends the Statement of Principles concerning aortic aneurysm No. 10 of 2012, primarily by introducing new factors (ab), (ac), (na), and (nb) related to exposure to second-hand smoke in clause 6, and by adding a definition of 'being exposed to second-hand smoke' in clause 9 (sections 2 and 3). These changes are intended to facilitate the assessment of claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by specifying circumstances in which medical treatment and compensation for aortic aneurysm can be extended to eligible persons. The instrument also aims to improve the medico-scientific quality of outcomes under these Acts by reflecting recent developments in medical-scientific evidence concerning aortic aneurysm (section 2). The obligations imposed by this Act include the requirement for claimants to provide evidence of exposure to second-hand smoke as a factor in their aortic aneurysm, and for the Repatriation Commission to assess these claims based on the newly introduced factors and definitions. The Authority is also obligated to review decisions made under the Veterans' Review Board and the Administrative Appeals Tribunal, ensuring that these reviews are conducted in a manner that is consistent with the sound medical-scientific evidence outlined in the Act (sections 2 and 7). Breaches of the provisions outlined in this Act may result in civil or criminal consequences. While the specific penalties for breaches are not detailed in the provided text, it is known that the Act is compatible with human rights and does not derogate from any human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health (sections 8 and 9). The Act promotes the human rights of veterans, current and former Defence Force members, and their dependents by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. The compatibility with human rights is further evidenced by the Statement of Compatibility with Human Rights included in the Explanatory Statement, which confirms that the Act does not derogate from any human rights and promotes several human rights as outlined in international instruments (section 4).

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