Amendment Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 59 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L00916 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

CEREBROVASCULAR ACCIDENT (STROKE)

(BALANCE OF PROBABILITIES) (NO. 59 OF 2024)

 

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 (stroke) (Balance of Probabilities) (No. 59 of 2024).

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 cerebrovascular accident (stroke) (Balance of Probabilities) (No. 59 of 2024).

3.             This Instrument amends Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 46 of 2024) (Federal Register of Legislation No. F2024L00745) by:

  • Correcting a typographical error in subsection 9(42) which incorrectly provided the factor for “intracerebral haemorrhage only where smoking has not ceased”  The factor should have provided for the situation “where smoking has ceased”. Section 9(42) erroneously duplicated the factor contained in subsection 9(40).

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.             In July 2024 it came to the attention of the Authority that the Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 46 of 2024) contained a typographical error.

As the incorrect factor had been included in obvious error, it was considered that there was no utility in engaging in a further formal consultation process and delay correction of the error.  The error if allowed to remain will mean that a factor that the authority has approved will not be contained in the instrument and that would not be in the interests of veterans.

Prior to the Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 46 of 2024) originally being adopted there was consultation through a notice of investigation and writing to associations representing veterans’ interests seeking submissions in relation to the Statement of Principles that is the subject of this amendment. That consultative process is outlined in the explanatory statement to the original Statement of Principles.

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.

References

7.             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. 59 of 2024

Kind of Injury, Disease or Death: Cerebrovascular accident (stroke)

 

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) and (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 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 (stroke);
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • amends Instrument No. 46 of 2024;

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, ICESCR; 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, ICESCR 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 (stroke) (Balance of Probabilities) (No. 59 of 2024) was determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This amendment was introduced to correct a typographical error in the original Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 46 of 2024), specifically in subsection 9(42), where the factor for "intracerebral haemorrhage only where smoking has not ceased" was incorrectly stated. The correct factor should have applied to the situation "where smoking has ceased." The Authority determined that there was no need for further consultation given the evident nature of the error and its potential impact on the accuracy of the compensation factors for veterans. The amendment aims to facilitate the claims process for veterans seeking compensation and medical treatment related to strokes by ensuring the correct factors are applied. This legislative instrument is designed to enhance the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, promoting human rights by ensuring the qualifying conditions for benefits are reasonable, proportionate, and transparent. It facilitates the assessment and determination of social security benefits, ensuring the highest attainable standard of physical and mental health for veterans and Defence Force members. This amendment is compatible with human rights as it does not derogate from any rights and promotes various rights, including the right to social security and an adequate standard of living, without discrimination.

Scope and Application

The Amendment Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 59 of 2024) is an instrument determined under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986 and applies to veterans and current or former Defence Force members who have suffered a cerebrovascular accident (stroke). The amendment corrects a typographical error in the original Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 46 of 2024) by modifying a factor related to intracerebral haemorrhage where smoking has ceased. This amendment aims to ensure that the correct factor is applied, thereby facilitating the accurate assessment and determination of compensation and benefits for affected individuals. The amendment is applicable across the Commonwealth of Australia and is designed to improve the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The instrument is compatible with human rights, as it promotes the rights of veterans, current and former Defence Force members, and their dependents, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, without discrimination.

Key Provisions

The Amendment Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 59 of 2024) is an instrument under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It amends the Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 46 of 2024) to correct a typographical error in subsection 9(42) (section 3). This correction is necessary to ensure the proper application of factors relating to cerebrovascular accidents (strokes) for eligible claimants. The corrected factor pertains to the situation where smoking has ceased, rather than where it has not, as incorrectly stated in the previous version. The Act imposes obligations on the Repatriation Medical Authority to ensure that the factors used in determining claims for cerebrovascular accidents (strokes) are accurate and based on sound medical-scientific evidence. This includes reviewing and amending any errors in previously issued statements of principles to maintain the integrity and fairness of the claims process. Furthermore, the Authority must ensure that the factors included in the amended Statement of Principles are consistent with the provisions of the VEA and MRCA, and that they are compatible with human rights as outlined in international instruments. Breach of the provisions of the VEA and MRCA can lead to various civil and administrative consequences. If the Repatriation Medical Authority fails to correct errors in the Statements of Principles, claimants may be unfairly disadvantaged, leading to potential claims for judicial review or compensation. Additionally, the Authority may face reputational damage and a loss of public trust. Although the legislation does not explicitly state maximum penalties for such breaches, failure to comply with the Act could result in civil actions for compensation or damages. In summary, the Amendment Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 59 of 2024) serves to correct an error in the previously issued Statement of Principles (No. 46 of 2024), ensuring that the factors applied in assessing claims are accurate and consistent with the legislative requirements. The Act imposes obligations on the Repatriation Medical Authority to maintain the integrity of the claims process, and while specific penalties for non-compliance are not detailed, failure to adhere to the Act's provisions could result in civil consequences for the Authority.

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Area of Law
Veterans' Law
Human Rights Law
Instrument
Statement of Principles
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Rights & Protections
Catchwords
cerebrovascular accident (stroke)

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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.