Amendment Statement of Principles concerning chronic lymphoid leukaemia No. 28 of 2014

Administered by Department of Veterans' Affairs

Legislation au F2014L00303 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 28 OF 2014

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(10) of the Veterans’ Entitlements Act 1986 (the VEA) Amendment Statement of Principles Instrument No. 28 of 2014 concerning chronic lymphoid leukaemia.

 

2.             This instrument amends Statement of Principles Instrument No. 9 of 2005 concerning chronic lymphoid leukaemia by:

  • inserting new factor 6(aa) concerning 'being exposed to non-ionising radiation';
  • inserting new factor 6(ab) concerning 'being exposed to benzene';
  • inserting new factor 6(ac) concerning 'inhaling, ingesting or having cutaneous contact with a chemical agent contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD)';
  • inserting new factor 6(ad) concerning 'consuming potable water contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD)';
  • inserting new factor 6(ae) concerning 'inhaling, ingesting or having cutaneous contact with a pesticide';
  • inserting new factor 6(af) concerning 'inhaling respirable asbestos fibres in an enclosed space';
  • inserting new factor 6(ag) concerning 'inhaling respirable asbestos fibres in an open environment';
  • inserting new definitions of 'a pesticide', 'being exposed to benzene', 'being exposed to non-ionising radiation as specified', '8-hour time-weighted average (TWA)', 'inhaling, ingesting or having cutaneous contact with a chemical agent contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD)', 'magnetic fields generated at extremely low frequencies', 'microTesla (μT)-years', and 'potable water' in clause 8; and
  • specifying the date of effect of these amendments.

 

3.             The amendments are made at the direction of the Specialist Medical Review Council (SMRC) in accordance with its Declaration No. 22 dated 26 November 2013.  The SMRC Declaration appeared in the Government Notices Gazette of 26 November 2013.

4.             In accordance with subsection 196B(13) of the VEA, the amendments as made by Instrument No. 28 of 2014, take effect from 26 November 2013.

 

5.             As these amendments provide an additional basis on which chronic lymphoid leukaemia can be related to relevant service the earlier date of effect does not affect the rights of claimants so as to disadvantage them nor would it impose additional liabilities on them.

 

6.             No consultation was undertaken by the Authority prior to determining this Instrument, as the amendments are made at the direction of the SMRC in accordance with section 196W of the VEA. The SMRC undertook public notification and consultation as part of its consideration of the matter, inviting eligible persons or organisations to make submissions. The SMRC decision, and directions to the Authority, were contained in a Declaration published in the Government Notices Gazette of 26 November 2013.

 

7.             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.

 

 


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. 28 of 2014

Kind of Injury, Disease or Death: Chronic lymphoid leukaemia

 

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(10) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).

2. This Legislative Instrument:-

  • facilitates claimants in making, and the Repatriation Commission and 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 chronic lymphoid leukaemia;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes new factors, and new definitions relating to those 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 lymphoid leukaemia with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 9 of 2005; and
  • reflects the Specialist Medical Review Council's review of the available sound medical-scientific evidence concerning chronic lymphoid leukaemia considered by the Repatriation Medical Authority when 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; and
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD).

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 Repatriation Medical Authority Instrument No. 28 of 2014, enacted under the Veterans’ Entitlements Act 1986, was introduced to address the need for updated and comprehensive criteria for determining the circumstances in which medical treatment and compensation can be extended to eligible persons with chronic lymphoid leukaemia. This legislative instrument was determined by the Repatriation Medical Authority at the direction of the Specialist Medical Review Council, and it seeks to improve the medico-scientific quality of outcomes under the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act 2004. The policy objective of this instrument is to facilitate the assessment and determination of claims for veterans, current and former Defence Force members, and their dependents, by specifying new factors and definitions that must exist for a reasonable hypothesis connecting chronic lymphoid leukaemia with the circumstances of service rendered by a person. It also aims to promote human rights, including the right to social security and an adequate standard of living, by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent.

Scope and Application

The Repatriation Medical Authority Instrument No. 28 of 2014, amending the Statement of Principles Instrument No. 9 of 2005 concerning chronic lymphoid leukaemia, applies to veterans and eligible persons under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The instrument introduces new factors and definitions that specify the circumstances in which chronic lymphoid leukaemia can be related to relevant service, facilitating the assessment and determination of compensation and benefits for veterans and Defence Force members. The amendments reflect the Specialist Medical Review Council's review of the available sound medical-scientific evidence. This instrument is effective from 26 November 2013, and its amendments do not disadvantage claimants or impose additional liabilities on them. The instrument is designed to improve the medico-scientific quality of outcomes under the VEA and the MRCA, and it 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.

Key Provisions

The main operative sections of the Repatriation Medical Authority Instrument No. 28 of 2014 involve amendments to the Statement of Principles concerning chronic lymphoid leukaemia under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) (section 2). These amendments introduce new factors (section 6) and definitions (section 8) to facilitate the assessment of claims related to chronic lymphoid leukaemia by the Repatriation Commission and Military Rehabilitation and Compensation Commission. The amendments reflect the latest sound medical-scientific evidence, ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. The Act imposes obligations on claimants to provide evidence of exposure to the specified factors and on the Repatriation Commission and Military Rehabilitation and Compensation Commission to assess claims based on the criteria outlined in the amended Statement of Principles. Claimants must demonstrate exposure to non-ionising radiation, benzene, TCDD-contaminated chemical agents, contaminated potable water, pesticides, or respirable asbestos fibres in either enclosed or open environments. The Commissions are required to evaluate claims against the newly introduced factors and definitions, ensuring that the assessment process is rigorous and evidence-based. Failure to comply with the provisions of this Instrument may result in civil or criminal consequences. For instance, submitting false information or documents to support a claim could lead to penalties under the VEA and MRCA, which may include fines or other legal repercussions. Additionally, if the Repatriation Commission or Military Rehabilitation and Compensation Commission fails to adhere to the stipulated criteria and definitions in their assessments, they may be subject to review by the Veterans' Review Board or the Administrative Appeals Tribunal, which could result in corrective action or further legal proceedings. The maximum penalties for breaches under the VEA and MRCA may include fines and, in severe cases, imprisonment. The specific penalties depend on the nature and severity of the breach. For example, knowingly providing false information could result in fines up to a certain amount, as well as potential imprisonment. The penalties are designed to ensure compliance with the legislative requirements and to protect the integrity of the claims process.

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