Amendment Statement of Principles concerning cervical intervertebral disc prolapse (Balance of Probabilities) (No. 30 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L00227 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

CERVICAL INTERVERTEBRAL DISC PROLAPSE

(BALANCE OF PROBABILITIES) (NO. 30 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 cervical intervertebral disc prolapse (Balance of Probabilities) (No. 30 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 cervical intervertebral disc prolapse (Balance of Probabilities) (No. 30 of 2024).

3.             This Instrument amends Statement of Principles concerning cervical intervertebral disc prolapse (Balance of Probabilities) (No. 67 of 2023) (Federal Register of Legislation No. F2023L00933) by:

  • Correcting a typographical error in subsection 7(5) which incorrectly stated that the ICD-10-AM codes for cervical intervertebral disc prolapse were M51, M51.1 or M51.2 when the correct codes are M50, M50.1 or M50.2.

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 December 2023 it came to the attention of the Authority that the Statement of Principles concerning cervical intervertebral disc prolapse (Balance of Probabilities) (No. 67 of 2023) contained a typographical error, in that incorrect ICD-10-AM codes appeared in subsection 7(5).

As the incorrect codes were 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 cause confusion and affect the utility of the section.

Prior to the Statement of Principles concerning cervical intervertebral disc prolapse (Balance of Probabilities) (No. 67 of 2023) 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. 30 of 2024

Kind of Injury, Disease or Death: Cervical intervertebral disc prolapse

 

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 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 cervical intervertebral disc prolapse;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes exposure as a new factor which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, cervical intervertebral disc prolapse is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 67 of 2023;

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 cervical intervertebral disc prolapse (Balance of Probabilities) (No. 30 of 2024), enacted in 2024, serves to correct a typographical error in the previously issued Statement of Principles concerning cervical intervertebral disc prolapse (Balance of Probabilities) (No. 67 of 2023). The Repatriation Medical Authority, under the authority granted by the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, identified and addressed the error to ensure the accuracy and utility of the ICD-10-AM codes listed in subsection 7(5). The policy objective of this amendment is to facilitate the correct assessment and determination of claims related to cervical intervertebral disc prolapse among eligible veterans, thereby enhancing the effectiveness of the legislative framework designed to support veterans' health and compensation. This legislative amendment aligns with human rights by ensuring the reasonable, proportionate, and transparent provision of social security benefits to veterans, their dependents, and other affected individuals.

Scope and Application

This Legislative Instrument, Amendment Statement of Principles concerning cervical intervertebral disc prolapse (Balance of Probabilities) (No. 30 of 2024), pertains to the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It applies to veterans, current and former Defence Force members, and other eligible persons such as their dependents who may have sustained cervical intervertebral disc prolapse during service. The Act seeks to facilitate claims, assessments, and reviews related to medical treatment and compensation by correcting a typographical error in the previously issued Statement of Principles concerning cervical intervertebral disc prolapse (Balance of Probabilities) (No. 67 of 2023). This amendment rectifies the incorrect International Classification of Diseases, Tenth Revision, Australian Modification (ICD-10-AM) codes for cervical intervertebral disc prolapse. The Instrument extends to all Commonwealth jurisdictions where the VEA and the MRCA apply. The legislative instrument also includes a Statement of Compatibility with Human Rights, affirming its alignment with international human rights instruments, thereby promoting the rights of veterans and their dependents to social security, health, and non-discriminatory treatment.

Key Provisions

The primary operative sections of this Amendment Statement of Principles concern the correction of a typographical error in the previously issued Statement of Principles concerning cervical intervertebral disc prolapse (Balance of Probabilities) (No. 67 of 2023). Specifically, section 7(5) of the original Statement of Principles incorrectly listed the ICD-10-AM codes for cervical intervertebral disc prolapse as M51, M51.1, or M51.2, whereas the correct codes are M50, M50.1, or M50.2 (subsection 7(5)). This correction aims to ensure that the correct codes are referenced in future assessments and claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The amendment also specifies the day of commencement for the correction, in accordance with subsection 12(3) of the Legislation Act 2003. The obligations and requirements imposed by this Act primarily concern the Repatriation Medical Authority (the Authority) and the entities it governs. The Authority is tasked with determining Statements of Principles under subsections 196B(3) and (8) of the VEA, which outline the circumstances in which medical treatment and compensation can be extended to eligible persons. The Authority must ensure that these Statements of Principles are based on sound medical-scientific evidence and that they are accurate and up-to-date. Additionally, the Authority must ensure that these Statements of Principles facilitate the assessment and review of claims by the Repatriation Commission, the Military Rehabilitation and Compensation Commission, the Veterans' Review Board, and the Administrative Appeals Tribunal. The Act does not explicitly state any offences, penalties, or consequences for breach. However, the importance of accurate and correct Statements of Principles cannot be overstated. Inaccuracies or errors in these documents can lead to confusion and affect the utility of the sections, potentially resulting in delays or improper assessments of claims. While specific penalties are not outlined in the Act, any failure to adhere to the requirements of accurate documentation could result in legal challenges or administrative penalties for the Authority. The primary focus of the Act is on ensuring the accuracy and utility of the Statements of Principles to facilitate the proper administration of benefits under the VEA and MRCA. This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights, including the right to social security, the right to an adequate standard of living, and the right to the enjoyment of the highest attainable standard of physical and mental health. By correcting a typographical error and ensuring that the correct ICD-10-AM codes are referenced, the Act facilitates the assessment and determination of social security benefits and compensation for eligible veterans and Defence Force members. The Authority's commitment to ensuring that these rights are exercised without discrimination further underscores the compatibility of the Act with human rights principles.

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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.