Amendment Statement of Principles concerning cerebrovascular accident No. 53 of 2021

Administered by Department of Veterans' Affairs

Legislation au F2021L00495 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

CEREBROVASCULAR ACCIDENT

NO. 53 OF 2021

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning cerebrovascular accident No. 53 of 2021.

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 cerebrovascular accident No. 53 of 2021.

3.             This Instrument amends Statement of Principles concerning cerebrovascular accident No. 65 of 2015 (Federal Register of Legislation No. F2015L00652) by:

  • inserting a new factor in paragraph 6(ooa) concerning 'having infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)', for clinical onset only.

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 cerebrovascular accident in the Government Notices Gazette of 5 January 2021, 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.  No submissions were received for consideration by the Authority in relation to 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 cerebrovascular accident as advertised in the Government Notices Gazette of 5 January 2021.

References

8.             A list of references relating to the above condition is available on the Authority’s website at: www.rma.gov.au. Any other document referred to in this Statement of Principles is available on request to the Repatriation Medical Authority at the following address:

              

Email:    info@rma.gov.au

Post:      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. 53 of 2021

Kind of Injury, Disease or Death: Cerebrovascular accident

 

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 and the Military Rehabilitation and Compensation 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 cerebrovascular accident;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes a new 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 cerebrovascular accident with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 65 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning cerebrovascular accident 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 cerebrovascular accident No. 53 of 2021 was enacted to address the gap in the existing legal framework regarding cerebrovascular accidents in veterans and current or former Defence Force members. This legislation, determined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), was introduced to facilitate the assessment and determination of claims for medical treatment and compensation. The Repatriation Medical Authority (the Authority) finalised this investigation after advertising its intention in the Government Notices Gazette on 5 January 2021, although no submissions were received for consideration. The legislative instrument aims to reflect recent developments in sound medical-scientific evidence and improve the medico-scientific quality of outcomes under the VEA and the MRCA. It includes a new factor concerning infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) for clinical onset only and is compatible with human rights, promoting the rights of veterans and their dependents to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

Scope and Application

The Amendment Statement of Principles concerning cerebrovascular accident No. 53 of 2021 amends the existing Statement of Principles concerning cerebrovascular accident No. 65 of 2015, which is made under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This amendment applies to veterans, current and former Defence Force members, and other eligible persons who have suffered a cerebrovascular accident and are seeking compensation or benefits under the VEA or MRCA. The legislative instrument introduces a new factor concerning 'having infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)', which must exist for a reasonable hypothesis to be raised connecting the cerebrovascular accident with the service circumstances. This change is intended to reflect the latest medical-scientific evidence and ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting the human rights of veterans and their dependents. The amendment is technically focused and aims to improve the quality of medico-scientific outcomes under the VEA and MRCA. The instrument does not exclude any specific groups or introduce new exemptions, but it is subject to further refinement and extension through subordinate instruments as necessary.

Key Provisions

The key operative sections of the Amendment Statement of Principles concerning cerebrovascular accident No. 53 of 2021 pertain to its determination by the Repatriation Medical Authority under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986 (VEA) and its effect on Statement of Principles concerning cerebrovascular accident No. 65 of 2015. Section 196B(2) allows the Authority to amend or revoke a Statement of Principles based on available sound medical-scientific evidence, while section 196B(8) mandates the Authority to consider the evidence before making such a determination. The amendment introduces a new factor under paragraph 6(ooa) concerning infection with SARS-CoV-2 for clinical onset only. The commencement date is specified under section 12(3) of the Legislation Act 2003. The obligations and requirements imposed by this legislation primarily concern the Repatriation Medical Authority. The Authority is tasked with determining whether amendments to the existing Statement of Principles are warranted based on sound medical-scientific evidence. It must consider the evidence and any submissions received, although in this case, no submissions were considered. Additionally, the Authority must ensure that the amended Statement of Principles facilitates both the assessment and review processes for claims under the VEA and the Military Rehabilitation and Compensation Act 2004. The Authority must also ensure that the amended Statement of Principles aligns with the human rights recognised under the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Regarding consequences for breach, the Explanatory Statement does not explicitly outline offences or penalties for non-compliance with this particular legislative instrument. However, any failure by the Repatriation Medical Authority to adhere to the statutory requirements for determining Statements of Principles, as mandated by the VEA, could potentially lead to legal challenges regarding the validity of the determinations. This could result in judicial review, where the courts may scrutinise the Authority's compliance with procedural and substantive requirements. Furthermore, if the Authority fails to consider relevant evidence or submissions, it could lead to the determination being quashed or varied by a court, thereby impacting the eligibility and benefits of veterans and their families.

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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.