Amendment Statement of Principles concerning cervical intervertebral disc prolapse (Reasonable Hypothesis) (No. 29 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L00226 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

CERVICAL INTERVERTEBRAL DISC PROLAPSE

(REASONABLE HYPOTHESIS) (NO. 29 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 (Reasonable Hypothesis) (No. 29 of 2024).

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 cervical intervertebral disc prolapse (Reasonable Hypothesis) (No. 29 of 2024).

3.             This Instrument amends Statement of Principles concerning cervical intervertebral disc prolapse (Reasonable Hypothesis) (No. 66 of 2023) (Federal Register of Legislation No. F2023L00915) 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

In December 2023 it came to the attention of the Authority that the Statement of Principles concerning cervical intervertebral disc prolapse (Reasonable Hypothesis) (No. 66 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 (Reasonable Hypothesis) No. 66 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

5.             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

6.             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. 66 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(2) 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 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting cervical intervertebral disc prolapse with the circumstances of eligible service rendered by a person; and
  • amends Instrument No. 66 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 (Reasonable Hypothesis) (No. 29 of 2024), enacted under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), addresses the problem of incorrect ICD-10-AM codes in the original Statement of Principles concerning cervical intervertebral disc prolapse (Reasonable Hypothesis) (No. 66 of 2023). The Repatriation Medical Authority identified a typographical error that incorrectly listed the codes for cervical intervertebral disc prolapse as M51, M51.1, or M51.2, whereas the correct codes are M50, M50.1, or M50.2. The amendment aims to rectify this error to ensure the proper utility of the section and avoid confusion for claimants and administrators. The policy objective of this amendment is to facilitate claims and assessments under the VEA and MRCA by providing accurate medical-scientific evidence and improving the overall medico-scientific quality of outcomes for eligible veterans and Defence Force members. The instrument also ensures compatibility with human rights as it does not derogate from and promotes various human rights, including the right to social security and the right to an adequate standard of living.

Scope and Application

This Amendment Statement of Principles concerning cervical intervertebral disc prolapse (Reasonable Hypothesis) (No. 29 of 2024) amends the previously issued Statement of Principles concerning cervical intervertebral disc prolapse (Reasonable Hypothesis) (No. 66 of 2023). The Act applies to veterans and current or former Defence Force members who have suffered cervical intervertebral disc prolapse and are seeking benefits under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The amendment corrects a typographical error that affected the ICD-10-AM codes for the condition, ensuring the codes now correctly reflect M50, M50.1, or M50.2, rather than the previously incorrect M51, M51.1, or M51.2. This adjustment is intended to facilitate claims and assessments by the relevant commissions and review boards by ensuring the correct medical classification is applied. The amendment does not extend to other injuries, diseases, or death not specifically related to cervical intervertebral disc prolapse. The Repatriation Medical Authority determined this amendment necessary to correct an obvious error that would otherwise cause confusion and undermine the effectiveness of the legislative instrument.

Key Provisions

The Amendment Statement of Principles concerning cervical intervertebral disc prolapse (Reasonable Hypothesis) (No. 29 of 2024) (the Instrument) amends the Statement of Principles concerning cervical intervertebral disc prolapse (Reasonable Hypothesis) (No. 66 of 2023) by correcting a typographical error. Specifically, subsection 7(5) now correctly identifies the International Classification of Diseases, 10th Edition, Australian Modification (ICD-10-AM) codes for cervical intervertebral disc prolapse as M50, M50.1, or M50.2, instead of the previously stated M51, M51.1, or M51.2. This amendment is intended to ensure the accuracy and effectiveness of the legislative instrument, thereby facilitating claims and assessments related to veterans’ compensation and military rehabilitation. The Act imposes several obligations on parties involved in the administration and application of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). For instance, the Repatriation Medical Authority (the Authority) is required to ensure that the Statement of Principles is accurate and consistent with the sound medical-scientific evidence available. The Authority must also facilitate the process of claimants making claims and the Repatriation Commission and the Military Rehabilitation and Compensation Commission in assessing these claims. Additionally, the Authority must ensure that the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal is supported by the correct and precise information. Breaching the provisions of the VEA or the MRCA, including failing to correct errors in the Statement of Principles, could result in serious legal consequences. While the specific penalties are not detailed in the Explanatory Statement, breaches of legislative instruments governing veterans’ entitlements and military rehabilitation typically attract penalties under the relevant Acts, which can include fines or other sanctions. These penalties are designed to ensure compliance and uphold the integrity of the compensation and rehabilitation systems for veterans and current and former Defence Force members. The amendment is designed to maintain the accuracy and effectiveness of the legislative instrument, thereby ensuring that claimants, the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and other relevant bodies can rely on precise and reliable information when making, assessing, or reviewing claims. The correct ICD-10-AM codes are critical for the accurate identification of conditions and the proper administration of benefits and compensation, thus preventing potential confusion and ensuring that eligible individuals receive the support they are entitled to.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Prohibited Conduct
Compliance Obligations

Interactions

Authorises

All Versions

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.