Amendment Statement of Principles concerning diabetes mellitus (Balance of Probabilities) (No. 84 of 2021)

Administered by Department of Veterans' Affairs

Legislation au F2021L00927 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

DIABETES MELLITUS

(BALANCE OF PROBABILITIES) (NO. 84 OF 2021)

 

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. 84 of 2021).

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. 84 of 2021).

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 paragraph 9(6)(e) concerning 'taking an immune checkpoint inhibitor or an interferon', for clinical onset of type 1 diabetes mellitus; and
  • inserting a new factor in subsection 9(13a) concerning 'taking an immune checkpoint inhibitor or an interferon', for clinical worsening.

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 investigations in relation to diabetes mellitus in the Government Notices Gazette of 9 March 2021 (infection with Coxsackie B virus) and 6 April 2021 (immune checkpoint inhibitors and interferon), and circulated a copy of the notices 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 investigations.

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 investigations in relation to diabetes mellitus as advertised in the Government Notices Gazette of 9 March 2021 and 6 April 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. 84 of 2021

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;
  • includes a new factor which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, diabetes mellitus is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 49 of 2020; and
  • reflects developments in the available sound medical-scientific evidence concerning diabetes mellitus 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, 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. 84 of 2021) amends the existing Statement of Principles concerning diabetes mellitus (Balance of Probabilities) (No. 49 of 2020) to address the evolving understanding of the medical conditions associated with diabetes mellitus in veterans. Enacted by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, this amendment was introduced to refine the criteria for linking diabetes mellitus to service, ensuring that the assessment of claims is based on the most current medical-scientific evidence. The policy objective of this amendment is to facilitate the assessment and determination of compensation and benefits for veterans, ensuring that the qualifying conditions for such benefits are reasonable, proportionate, and transparent, while also promoting the human rights of veterans and their dependents, including the right to social security and the highest attainable standard of physical and mental health.

Scope and Application

This Amendment Statement of Principles, as determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, applies to veterans, current and former Defence Force members, and other eligible persons who have diabetes mellitus and are seeking compensation or benefits. The Amendment Statement of Principles modifies the existing Statement of Principles concerning diabetes mellitus, specifically addressing the onset and clinical worsening of type 1 diabetes mellitus in relation to the taking of an immune checkpoint inhibitor or an interferon. This legislation is intended to reflect the latest sound medical-scientific evidence concerning the condition and aims to facilitate both the claiming process by veterans and the assessment of these claims by the relevant authorities. The geographic and jurisdictional reach of this legislation is national, applying across all states and territories in Australia. There are no exclusions, exemptions, or thresholds specified in the explanatory statement, and the application of the Act is not extended or restricted through subordinate instruments. The instrument is compatible with human rights and promotes several rights, including social security, adequate living standards, and the highest attainable standard of physical and mental health, without any discrimination.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning diabetes mellitus (Balance of Probabilities) (No. 84 of 2021) pertain to the modification of the Statement of Principles concerning diabetes mellitus (Balance of Probabilities) (No. 49 of 2020) (F2020L00822). Specifically, section 9(6)(e) of the VEA is replaced to address the clinical onset of type 1 diabetes mellitus, and a new factor is inserted in section 9(13a) concerning clinical worsening, both related to the use of immune checkpoint inhibitors or interferon. This legislative amendment aims to refine the criteria for establishing a link between service and diabetes mellitus based on the latest medical-scientific evidence. The obligations imposed by this Act include facilitating claims and assessments by claimants and relevant Commissions, namely the Repatriation Commission and the Military Rehabilitation and Compensation Commission, in relation to diabetes mellitus. It also mandates that these Commissions consider the new and amended factors when determining eligibility for benefits. Furthermore, the Act facilitates the review of these decisions by the Veterans' Review Board and the Administrative Appeals Tribunal, ensuring that claimants have avenues for appeal if their claims are denied. Breach of the provisions of this Act may not necessarily result in direct criminal or civil penalties; however, failure to comply with the stated principles and factors could affect the validity and assessment of claims for benefits and compensation. If claimants do not meet the newly established criteria, their claims may be denied, impacting their eligibility for medical treatment and compensation. Additionally, if the Commissions do not adhere to the updated principles, their decisions may be subject to review and potential overturning by the Veterans' Review Board and the Administrative Appeals Tribunal, which could lead to additional administrative and legal challenges.

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Veterans' Law
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Regulation
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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.