Amendment Statement of Principles concerning diabetes mellitus (Reasonable Hypothesis) (No. 49 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L00665 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

DIABETES MELLITUS

(REASONABLE HYPOTHESIS) (NO. 49 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 (Reasonable Hypothesis) (No. 49 of 2022).

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 diabetes mellitus (Reasonable Hypothesis) (No. 49 of 2022).

3.             This Instrument amends Statement of Principles concerning diabetes mellitus (Reasonable Hypothesis) (No. 48 of 2020) (Federal Register of Legislation No. F2020L00823) by:

  • replacing the existing factor in subsection 9(6)(g) 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. 49 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(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 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. 48 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 (Reasonable Hypothesis) (No. 49 of 2022) was enacted to address the need for a more accurate and evidence-based assessment of claims related to diabetes mellitus under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument amends the Statement of Principles concerning diabetes mellitus (Reasonable Hypothesis) (No. 48 of 2020) by updating the criteria to include the use of immune checkpoint inhibitors as a factor in the development of diabetes mellitus. The Repatriation Medical Authority, acting under the VEA, determined this amendment to ensure that the principles reflect the latest medical-scientific evidence. This legislative instrument aims to facilitate the assessment and determination of claims for veterans and current or former Defence Force members, ensuring that compensation and benefits are awarded based on sound medical-scientific evidence. The amendment also ensures compatibility with human rights by promoting the rights of veterans, current and former Defence Force members, and their dependents, without derogating from any human rights.

Scope and Application

The Amendment Statement of Principles concerning diabetes mellitus (Reasonable Hypothesis) (No. 49 of 2022) applies to veterans and current or former Defence Force members who have diabetes mellitus, as well as to those assessing claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative instrument amends the existing Statement of Principles concerning diabetes mellitus (Reasonable Hypothesis) (No. 48 of 2020) by replacing specific factors concerning the use of immune checkpoint inhibitors and interferons, and inserting a definition of 'immune checkpoint inhibitor' into the Schedule 1 – Dictionary. This amendment aims to better reflect the available sound medical-scientific evidence concerning diabetes mellitus and its connection to military service. The instrument applies on a national level, affecting claimants and decision-makers across Australia. There are no stated exclusions, exemptions, or thresholds, but the instrument's application may be further refined or extended through subordinate instruments. This amendment ensures that the qualifying conditions for benefits related to diabetes mellitus are reasonable, proportionate, and transparent, thereby facilitating the assessment and determination of social security benefits and compensation for veterans and Defence Force members.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning diabetes mellitus (Reasonable Hypothesis) (No. 49 of 2022) (the Instrument) focus on modifying the existing Statement of Principles concerning diabetes mellitus (No. 48 of 2020) (the 2020 Instrument) to better reflect the available sound medical-scientific evidence concerning diabetes mellitus (sections 2 and 3). Specifically, the Instrument replaces the existing factors in subsections 9(6)(g) and 9(13a) concerning 'taking an immune checkpoint inhibitor or an interferon' and inserts a definition of 'immune checkpoint inhibitor' in the Schedule 1 – Dictionary (section 3). The Instrument also specifies a day of commencement for the amendment in accordance with subsection 12(3) of the Legislation Act 2003 (section 4). The obligations imposed by the Act primarily pertain to the Repatriation Medical Authority (the Authority) and the Repatriation Commission and the Military Rehabilitation and Compensation Commission (the Commissions). The Authority is required to determine this Instrument in accordance with subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986 (the VEA) (section 2). This involves facilitating claimants in making, and the Commissions in assessing, claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA) respectively, by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have diabetes mellitus (sections 1 and 2). Furthermore, the Instrument facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal (section 2). The Instrument also sets out potential offences and penalties for breaches of the Act. However, the Explanatory Statement does not detail any specific offences or penalties. Instead, it highlights the compatibility of the Instrument with human rights and freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (section 6). The Statement of Compatibility with Human Rights further elaborates that the Instrument does not derogate from any human rights and promotes several human rights, including the right to social security, the right to an adequate standard of living, and the right to the enjoyment of the highest attainable standard of physical and mental health (section 4). The 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 (section 7). While the Statement does not specify any civil or criminal consequences for breach, the Instrument's purpose is to improve the medico-scientific quality of outcomes under the VEA and the MRCA by ensuring that the qualifying conditions for the benefit are'reasonable, proportionate, and transparent' (section 4). In summary, the Instrument is designed to facilitate the assessment and determination of social security benefits, compensation, and medical treatment for veterans and Defence Force members with diabetes mellitus, in line with the available sound medical-scientific evidence.

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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.