Amendment Statement of Principles concerning aplastic anaemia No. 31 of 2016

Administered by Department of Veterans' Affairs

Legislation au F2016L00260 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Amendment Statement of Principles concerning

aplastic anaemia

NO. 31 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 aplastic anaemia No. 31 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 aplastic anaemia No. 31 of 2016.

3.             This Instrument amends Statement of Principles concerning aplastic anaemia No. 50 of 2012 by:

  • replacing existing factor (g) in clause 6 concerning 'being exposed to benzene'; and
  • replacing the definition of 'being exposed to benzene' in clause 9 with the definition of 'being exposed to benzene as specified'.

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 the definition of 'being exposed to benzene' in aplastic anaemia in the Government Notices Gazette of 1 September 2015.  This investigation was broadened to benzene and re-advertised in the Government Notices Gazette of 9 December 2015.  Copies of the notices of intention to investigate were circulated 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 aplastic anaemia as advertised in the Government Notices Gazettes of 1 September 2015 and 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. 31 of 2016

Kind of Injury, Disease or Death: Aplastic anaemia

 

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 aplastic anaemia;
  • 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 aplastic anaemia with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 50 of 2012; and
  • reflects developments in the available sound medical-scientific evidence concerning aplastic anaemia 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 aplastic anaemia No. 31 of 2016 was enacted to amend the Statement of Principles concerning aplastic anaemia No. 50 of 2012, addressing a gap identified in the existing medical-scientific evidence concerning the link between aplastic anaemia and service-related exposure to benzene. This amendment was determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The policy objective of this amendment is to facilitate the assessment and determination of claims for medical treatment and compensation for eligible veterans and service personnel suffering from aplastic anaemia, ensuring these outcomes are based on the most current sound medical-scientific evidence. This legislative instrument is designed to enhance the quality of medico-scientific outcomes under the VEA and MRCA, while promoting the human rights of veterans and their dependents, including the right to social security and an adequate standard of living. This amendment reflects developments in the medical-scientific understanding of aplastic anaemia, replacing previous definitions and criteria with more precise factors that align with current evidence. The Authority consulted widely with relevant stakeholders and received submissions during the investigation phase. The amendment is assessed as compatible with human rights, ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, and that the rights of veterans and their dependents are protected without discrimination.

Scope and Application

The Amendment Statement of Principles concerning aplastic anaemia No. 31 of 2016 pertains to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, affecting individuals who have served in the Australian Defence Force and are now seeking benefits related to aplastic anaemia. This legislative instrument is designed to facilitate the assessment of claims by amending the previous Statement of Principles No. 50 of 2012. It replaces the existing factor concerning exposure to benzene and redefines the term to include more specific circumstances, thereby refining the criteria that must be met for aplastic anaemia to be considered service-related. This amendment aims to improve the medico-scientific quality of outcomes under the relevant acts by reflecting the latest medical-scientific evidence. The legislative instrument does not apply to any particular geographic or jurisdictional areas beyond what is covered by the VEA and MRCA, which operate nationally. There are no specific exclusions or thresholds mentioned in the explanatory statement, though the determination is based on sound medical-scientific evidence. Subordinate instruments may extend or restrict the application of this amendment as necessary to align with ongoing developments in medical science and evidence.

Key Provisions

The Amendment Statement of Principles concerning aplastic anaemia No. 31 of 2016 (the Amendment) amends the existing Statement of Principles concerning aplastic anaemia No. 50 of 2012. The key change is the replacement of existing factor (g) in clause 6, which pertains to 'being exposed to benzene', and the replacement of the definition of 'being exposed to benzene' in clause 9 with the definition of 'being exposed to benzene as specified' (sections 2 and 3). This revision aims to provide a clearer and more precise definition of exposure to benzene in the context of aplastic anaemia claims, facilitating more accurate assessments by the Repatriation Commission. The Amendment imposes obligations on the Repatriation Medical Authority to ensure that the new definitions and factors are in line with the most current sound medical-scientific evidence. It also places a duty on the Repatriation Commission and the Veterans' Review Board to apply these updated principles when assessing and reviewing claims for veterans' entitlements and military rehabilitation and compensation. Claimants must now provide evidence that aligns with the revised definitions, while the Repatriation Commission and the review boards must ensure that their assessments are based on the updated criteria. Breach of the provisions in the Amendment can lead to various consequences. For example, if a claimant provides false or misleading information in their application, they may face penalties under section 203 of the Veterans’ Entitlements Act 1986, which includes fines and imprisonment. Similarly, if the Repatriation Commission or the review boards fail to adhere to the new principles, they may be subject to disciplinary actions under the Public Service Act 1999. The precise penalties for breaches would depend on the specific nature of the offence and relevant statutory provisions. In summary, the Amendment Statement of Principles concerning aplastic anaemia No. 31 of 2016 updates the criteria for assessing aplastic anaemia claims, ensuring they are based on the most current medical-scientific evidence. This update affects the obligations of various parties involved in the claims process, from claimants to the Repatriation Commission and review boards, and carries potential penalties for non-compliance or misrepresentation.

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Area of Law
Veterans' Law
Instrument
Statement of Principles
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Consultation Requirements
Catchwords
Aplastic anaemia

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