Amendment Statement of Principles concerning cervical spondylosis No. 102 of 2019

Administered by Department of Veterans' Affairs

Legislation au F2019L01359 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

CERVICAL SPONDYLOSIS

NO. 102 OF 2019

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning cervical spondylosis No. 102 of 2019.

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 spondylosis No. 102 of 2019.

3.             This Instrument amends Statement of Principles concerning cervical spondylosis No. 66 of 2014 (Federal Register of Legislation No. F2014L00928) by:

  • inserting new factors concerning carrying a large bulky load positioned between the neck and shoulder in paragraphs 6(ia) & 6(va).

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 cervical spondylosis in the Government Notices Gazette of 7 May 2019, 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.  Eight 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 cervical spondylosis as advertised in the Government Notices Gazette of 7 May 2019.

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. 102 of 2019

Kind of Injury, Disease or Death: Cervical spondylosis

 

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 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 spondylosis;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes new factors 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 spondylosis with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 66 of 2014; and
  • reflects developments in the available sound medical-scientific evidence concerning cervical spondylosis 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 cervical spondylosis No. 102 of 2019 was enacted to address gaps in the existing medical evidence regarding the connection between cervical spondylosis and service in the Defence Force. This legislative instrument was determined by the Repatriation Medical Authority under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986, amending the Statement of Principles concerning cervical spondylosis No. 66 of 2014. The primary objective of this amendment is to facilitate claims and assessments for compensation and medical treatment for veterans and current and former Defence Force members with cervical spondylosis by introducing new factors that reflect recent developments in medical-scientific evidence. The instrument ensures that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting the human rights of veterans and their dependants, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. This legislative change is in line with the Human Rights (Parliamentary Scrutiny) Act 2011 and does not derogate from any human rights.

Scope and Application

The Amendment Statement of Principles concerning cervical spondylosis No. 102 of 2019, which amends Statement of Principles concerning cervical spondylosis No. 66 of 2014, applies to eligible veterans, current and former members of the Defence Force, and their dependents who have suffered cervical spondylosis as a result of their service. This amendment specifies new factors regarding the carrying of large, bulky loads positioned between the neck and shoulder, which must exist to connect cervical spondylosis with service circumstances. The legislation falls under the Commonwealth jurisdiction and aligns with the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The amendment aims to enhance the medico-scientific quality of outcomes and facilitates the assessment and determination of claims by the Repatriation Commission, the Veterans' Review Board, and the Administrative Appeals Tribunal. There are no stated exclusions or exemptions, but the principles are subject to the available sound medical-scientific evidence. The determination of this instrument concludes the investigation regarding cervical spondylosis as advertised in the Government Notices Gazette of 7 May 2019. This legislative instrument is compatible with human rights, promoting the rights of veterans and Defence Force members, including their dependents, without any derogation of their rights. It ensures accessibility to social security, facilitates the assessment and determination of benefits, and promotes the highest attainable standard of physical and mental health. The instrument adheres to the human rights principles as recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, ensuring that rights are exercised without discrimination.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning cervical spondylosis No. 102 of 2019 (section (2)) provide the legislative framework for amending the previous Statement of Principles concerning cervical spondylosis No. 66 of 2014. The primary focus of this amendment is to incorporate new factors concerning the carrying of a large, bulky load positioned between the neck and shoulder in paragraphs 6(ia) and 6(va). This amendment is designed to ensure that the criteria for establishing a connection between cervical spondylosis and service are based on the most current sound medical-scientific evidence. By introducing these new factors, the legislation aims to facilitate both the claims process for veterans and the assessment of those claims by the Repatriation Commission. It also supports the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. The obligations and requirements imposed by this Act on the parties it governs include the responsibility of the Repatriation Medical Authority to determine the conditions under which medical treatment and compensation can be extended to eligible persons with cervical spondylosis. This involves ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting the right to social security for veterans and their dependents. Additionally, the Act mandates that the Repatriation Medical Authority consider the latest medical-scientific evidence when determining the factors that connect cervical spondylosis with service, thus ensuring that the assessment and determination of benefits are accurate and up-to-date. The Repatriation Commission must also adhere to these updated criteria when assessing claims, and the Veterans' Review Board and the Administrative Appeals Tribunal must review decisions based on these new principles. Failure to comply with the provisions of this Act may result in civil or criminal consequences, although specific offences and penalties are not detailed in the text. The legislative instrument is designed to improve the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. However, the document does not specify maximum penalties for breaches, implying that the consequences of non-compliance are addressed within the broader legislative framework of these acts. The overarching intent is to ensure that the rights of veterans and their dependents are upheld without discrimination, in accordance with international human rights standards.

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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.