Amendment Statement of Principles concerning diabetes mellitus (Balance of Probabilities) (No. 50 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L00666 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

DIABETES MELLITUS

(BALANCE OF PROBABILITIES) (NO. 50 OF 2022)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning diabetes mellitus (Balance of Probabilities) (No. 50 of 2022).

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 diabetes mellitus (Balance of Probabilities) (No. 50 of 2022).

3.             This Instrument amends Statement of Principles concerning diabetes mellitus (Balance of Probabilities) (No. 49 of 2020) (Federal Register of Legislation No. F2020L00822) by:

  • replacing the existing factor in subsection 9(6)(e) concerning 'taking an immune checkpoint inhibitor or an interferon';
  • replacing the existing factor in subsection 9(13a) concerning 'taking an immune checkpoint inhibitor or an interferon'; and
  • inserting a definition of 'immune checkpoint inhibitor' in the Schedule 1 – Dictionary.

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 taking immune checkpoint inhibitors as a factor in diabetes mellitus, in the Government Notices Gazette of 12 October 2021, 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.  No submissions were received for consideration by the Authority in relation to 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 taking immune checkpoint inhibitors as a factor in diabetes mellitus as advertised in the Government Notices Gazette of 12 October 2021.

References

8.             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. 50 of 2022

Kind of Injury, Disease or Death: Diabetes mellitus

 

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 diabetes mellitus;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal; and
  • amends Instrument No. 49 of 2020 to ensure that it better reflects the available sound medical-scientific evidence concerning diabetes mellitus. 

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 diabetes mellitus (Balance of Probabilities) (No. 50 of 2022) was determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument amends the existing Statement of Principles concerning diabetes mellitus (Balance of Probabilities) (No. 49 of 2020) by updating the factors related to taking an immune checkpoint inhibitor or an interferon and inserting a definition of 'immune checkpoint inhibitor'. The policy objective of this amendment is to ensure that the available sound medical-scientific evidence concerning diabetes mellitus is accurately reflected, thereby facilitating claims, assessments, and reviews under the VEA and MRCA, as well as ensuring the rights of veterans and current and former Defence Force members, including their dependents. The instrument promotes human rights by ensuring accessibility, proportionality, and transparency of social security benefits and the right to the highest attainable standard of physical and mental health, without discrimination. This Legislative Instrument is deemed compatible with human rights, as it does not derogate from any human rights and promotes several rights under international instruments, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The determination of this instrument finalises the investigation into the role of immune checkpoint inhibitors as a factor in diabetes mellitus, as advertised in the Government Notices Gazette on 12 October 2021.

Scope and Application

The Amendment Statement of Principles concerning diabetes mellitus (Balance of Probabilities) (No. 50 of 2022) amends the existing Statement of Principles concerning diabetes mellitus (Balance of Probabilities) (No. 49 of 2020) and applies to veterans, current and former Defence Force members, and other eligible persons who have diabetes mellitus, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This amendment specifically addresses the connection between taking immune checkpoint inhibitors and the onset of diabetes mellitus, providing clarity and updated medical-scientific evidence to facilitate claims and assessments. The legislative instrument is determined by the Repatriation Medical Authority and is subject to the Commonwealth jurisdiction, with the changes coming into effect on a specified commencement date. The amendment does not introduce any exclusions, exemptions, or thresholds, but rather refines the existing framework to better align with current medical understanding. Subordinate instruments may extend or restrict the application of this amendment as necessary, ensuring that the provisions remain relevant and effective in addressing the needs of affected individuals.

Key Provisions

The main operative sections of this legislation pertain to the Amendment Statement of Principles concerning diabetes mellitus (Balance of Probabilities) (No. 50 of 2022). This Amendment Statement of Principles replaces the existing factors concerning the use of immune checkpoint inhibitors and interferons in the Statement of Principles concerning diabetes mellitus (Balance of Probabilities) (No. 49 of 2020) and inserts a definition of 'immune checkpoint inhibitor' into the Schedule 1 – Dictionary of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). These changes are intended to ensure that the legislation better reflects the available sound medical-scientific evidence concerning diabetes mellitus (section 3). The Repatriation Medical Authority (the Authority) has obligations to ensure that the Statement of Principles concerning diabetes mellitus accurately reflects the sound medical-scientific evidence available at any given time. The Authority must undertake investigations and consider submissions from relevant parties before determining these instruments (subsection 196B(3) of the VEA). In this instance, the Authority advertised its intention to investigate the relationship between taking immune checkpoint inhibitors and diabetes mellitus and invited submissions from relevant stakeholders. However, no submissions were received (section 5). There are no specific offences or penalties outlined in this legislation. However, the Authority is required to ensure that the Statement of Principles concerning diabetes mellitus is compatible with human rights as recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement of Compatibility with Human Rights provided with this legislation asserts that the Amendment Statement of Principles No. 50 of 2022 does not derogate from any human rights and promotes several human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health (section 4). This Amendment Statement of Principles is intended to improve the medico-scientific quality of outcomes under the VEA and the MRCA by facilitating claimants in making, and the Repatriation Commission and the Military Rehabilitation and Compensation Commission in assessing, claims under the VEA and the MRCA respectively. It also facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal (section 2). By amending the existing Statement of Principles concerning diabetes mellitus, this legislation seeks to ensure that the qualifying conditions for the benefit are 'reasonable, proportionate and transparent', as outlined in General Comment No. 19 (The right to social security) by the Committee on Economic, Social and Cultural Rights (section 4).

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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.