Amendment Statement of Principles concerning chronic lymphocytic leukaemia/small lymphocytic lymphoma No. 38 of 2016

Administered by Department of Veterans' Affairs

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EXPLANATORY STATEMENT

 

Amendment Statement of Principles concerning

chronic lymphocytic leukaemia/

small lymphocytic lymphoma

NO. 38 OF 2016

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning chronic lymphocytic leukaemia/small lymphocytic lymphoma No. 38 of 2016.

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 chronic lymphocytic leukaemia/small lymphocytic lymphoma No. 38 of 2016.

3.             This Instrument amends Statement of Principles concerning chronic lymphocytic leukaemia/small lymphocytic lymphoma No. 84 of 2014 by:

  • replacing existing factor (a) in clause 6 concerning 'being exposed to benzene';
  • inserting new factor (aa) in clause 6 concerning 'cumulative exposure to benzene';
  • replacing the definition of 'being exposed to benzene' in clause 9 with the definition of 'being exposed to benzene as specified'; and
  • inserting a definition of 'ppm-years' in alphabetical order in clause 9.

Day of Commencement

4.             This Instrument also specifies a day of commencement for the amendment in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003.

Consultation

5.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to the definition of 'being exposed to benzene' in the Statement of Principles concerning chronic lymphocytic leukaemia/small lymphocytic lymphoma No. 84 of 2014 in the Government Notices Gazette of 1 September 2015.  This investigation was broadened to benzene and re-advertised in the Government Notices Gazette of 9 December 2015.  Copies of the notices of intention to investigate were circulated to a wide range of organisations representing veterans, service personnel and their dependants.  The Authority invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field.  Three 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 chronic lymphocytic leukaemia/small lymphocytic lymphoma, Statement of Principles No. 84 of 2014, as advertised in the Government Notices Gazettes of 1 September 2015 and 9 December 2015.

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. 38 of 2016

Kind of Injury, Disease or Death: Chronic lymphocytic leukaemia/small lymphocytic lymphoma

 

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(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 linking 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 chronic lymphocytic leukaemia/small lymphocytic lymphoma ;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes new and revised 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 chronic lymphocytic leukaemia/small lymphocytic lymphoma  with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 84 of 2014; and
  • reflects developments in the available sound medical-scientific evidence concerning chronic lymphocytic leukaemia/small lymphocytic lymphoma 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 chronic lymphocytic leukaemia/small lymphocytic lymphoma No. 38 of 2016, enacted by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986, was introduced to address the need for updating the criteria for assessing claims related to chronic lymphocytic leukaemia/small lymphocytic lymphoma in veterans. This amendment aimed to reflect recent advancements in medical-scientific evidence, specifically concerning exposure to benzene, and to facilitate more accurate and fair assessments of claims for medical treatment and compensation. By replacing the previous definition of exposure to benzene and introducing a new factor concerning cumulative exposure, this legislative instrument seeks to ensure that the principles guiding these assessments are both transparent and aligned with current scientific understanding. This change enhances the ability of the Repatriation Commission to evaluate claims and the Veterans' Review Board and the Administrative Appeals Tribunal to review such decisions effectively. This amendment not only improves the medico-scientific quality of outcomes under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 but also promotes various human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. It ensures that these rights are exercised without discrimination, thereby supporting veterans, current and former Defence Force members, and their dependents in obtaining the benefits to which they are entitled.

Scope and Application

The Amendment Statement of Principles concerning chronic lymphocytic leukaemia/small lymphocytic lymphoma No. 38 of 2016 applies to veterans and their dependents who have chronic lymphocytic leukaemia/small lymphocytic lymphoma and are seeking compensation under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Act amends the Statement of Principles concerning chronic lymphocytic leukaemia/small lymphocytic lymphoma No. 84 of 2014, by replacing the existing factor (a) in clause 6 concerning 'being exposed to benzene' with a new factor (aa) concerning 'cumulative exposure to benzene'. The definition of 'being exposed to benzene' in clause 9 has also been replaced with the definition of 'being exposed to benzene as specified'. Furthermore, a new definition of 'ppm-years' has been inserted in alphabetical order in clause 9. The Act extends its application to all veterans and their dependents who are eligible for compensation under the VEA and MRCA, and is subject to the availability of sound medical-scientific evidence. There are no stated exclusions, exemptions, or thresholds in this Act. The scope and application of the Act may be further clarified through subordinate instruments.

Key Provisions

The main operative sections of this legislation are sections 196B(2) and (8) of the Veterans' Entitlements Act 1986 (VEA) (1), which provide the legal basis for the Repatriation Medical Authority to determine amendments to the Statement of Principles concerning chronic lymphocytic leukaemia/small lymphocytic lymphoma. The primary changes introduced by this legislation include replacing existing factor (a) in clause 6 concerning 'being exposed to benzene' with 'cumulative exposure to benzene', and amending the definition of 'being exposed to benzene' in clause 9 to 'being exposed to benzene as specified' (2). Additionally, a new definition of 'ppm-years' has been inserted in clause 9 (3). These amendments aim to refine the criteria for establishing a link between chronic lymphocytic leukaemia/small lymphocytic lymphoma and service-related exposure to benzene, based on the latest medical-scientific evidence. The obligations and requirements imposed by this Act primarily concern the Repatriation Medical Authority, which must ensure that the amended Statement of Principles accurately reflects the current sound medical-scientific evidence concerning the disease. This includes undertaking consultations with relevant stakeholders, such as the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person with expertise in the field (4). The Authority is also required to facilitate the review of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal, ensuring that claimants and the Commission can effectively assess and make claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA) (5). Furthermore, the legislation mandates that the new criteria must be reasonable, proportionate, and transparent, promoting the human rights of veterans and other affected individuals by ensuring fair and accessible benefits (6). The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach; however, any failure to comply with the amended Statement of Principles could result in disputes over the eligibility for medical treatment and compensation, potentially leading to litigation or appeals. The consequences of such disputes would depend on the findings of the Veterans' Review Board or the Administrative Appeals Tribunal. While the document does not specify maximum penalties, it does emphasise the importance of ensuring the accuracy and fairness of the criteria for claims, indicating an intention to uphold the rights of claimants and maintain the integrity of the compensation process (7). The overarching goal is to provide a clear and evidence-based framework for determining the eligibility of veterans and other affected individuals for benefits related to chronic lymphocytic leukaemia/small lymphocytic lymphoma.

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