Amendment Statement of Principles concerning gingivitis (Balance of Probabilities) (No. 116 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L01395 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

GINGIVITIS

(BALANCE OF PROBABILITIES) (NO. 116 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 gingivitis (Balance of Probabilities) (No. 116 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 gingivitis (Balance of Probabilities) (No. 116 of 2022).

3.             This Instrument amends Statement of Principles concerning gingivitis (Balance of Probabilities) (No. 18 of 2022) (Federal Register of Legislation No. F2022L00011) by:

  • replacing the existing definition of 'combined oral contraceptive pill as specified' 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 the definition of 'combined oral contraceptive pill as specified' as a factor in gingivitis in the Government Notices Gazette of 4 July 2022, 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 the definition of 'combined oral contraceptive pill as specified' as a factor in gingivitis as advertised in the Government Notices Gazette of 4 July 2022.

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. 116 of 2022

Kind of Injury, Disease or Death: Gingivitis

 

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 gingivitis;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • amends Instrument No. 18 of 2022 to ensure it better reflects the available sound medical-scientific evidence concerning gingivitis.

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 gingivitis (Balance of Probabilities) (No. 116 of 2022) was enacted to address the need for a more accurate and evidence-based understanding of gingivitis as a condition potentially linked to veterans' service. This legislative amendment was determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, and it aims to ensure that claims related to gingivitis are assessed based on the most current and sound medical-scientific evidence. By replacing the existing definition of 'combined oral contraceptive pill as specified' in the previously established Statement of Principles, this amendment enhances the accuracy and fairness of the claims process, thereby supporting veterans and their dependents in accessing appropriate medical treatment and compensation. The Repatriation Medical Authority consulted with various stakeholders during its investigation but received no submissions, reinforcing the necessity for this legislative update to reflect the most recent medical understanding of gingivitis.

Scope and Application

The Amendment Statement of Principles concerning gingivitis (Balance of Probabilities) (No. 116 of 2022) is an instrument determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument amends the existing Statement of Principles concerning gingivitis, specifically updating the definition of 'combined oral contraceptive pill as specified' to better reflect the available medical-scientific evidence. It is designed to facilitate claims and assessments of benefits for veterans and Defence Force members with gingivitis, ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. This instrument 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, without discrimination. The instrument does not extend beyond its specified geographic or jurisdictional reach, applying only to veterans and Defence Force members affected by gingivitis as defined within the acts. This legislative instrument is a technical amendment that improves the medico-scientific quality of outcomes under the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act. It finalises an investigation into the definition of 'combined oral contraceptive pill as specified' as a factor in gingivitis, as advertised in the Government Notices Gazette on 4 July 2022. The Authority sought submissions from relevant organisations and experts but received none. This amendment ensures that the determination of benefits aligns with the latest medical-scientific evidence, thereby facilitating the review of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning gingivitis (Balance of Probabilities) (No. 116 of 2022) pertain to the replacement of the existing definition of 'combined oral contraceptive pill as specified' in the Schedule 1 – Dictionary of the Statement of Principles concerning gingivitis (Balance of Probabilities) (No. 18 of 2022) (paragraph 3). This amendment was made under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986 (VEA) to better reflect the available sound medical-scientific evidence concerning gingivitis and to facilitate the assessment and determination of claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative instrument is intended to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting the social security rights of veterans, current and former Defence Force members, and their dependents. The Act imposes specific obligations and requirements on the Repatriation Medical Authority (the Authority), the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and the Veterans' Review Board and the Administrative Appeals Tribunal in reviewing and assessing claims. The Authority must ensure that any determinations it makes are compatible with human rights and that they reflect the best available medical-scientific evidence. The Repatriation Commission and the Military Rehabilitation and Compensation Commission must use the updated definitions and principles when assessing claims related to gingivitis. The Veterans' Review Board and the Administrative Appeals Tribunal must review decisions made by these commissions in accordance with the updated legislative instrument. Breach of the provisions outlined in this Act may lead to civil or administrative consequences. Specifically, if the Authority fails to make a determination that is compatible with human rights or if the Repatriation Commission and the Military Rehabilitation and Compensation Commission do not adhere to the updated principles, this may result in invalid claims or improper denial of benefits. Claimants may seek review and appeal through the Veterans' Review Board and the Administrative Appeals Tribunal, which are tasked with ensuring that the updated principles are applied correctly. There are no specific criminal penalties mentioned for breaches of this Act, but improper conduct or failure to comply with the requirements could lead to the overturning of decisions and potential financial repercussions for the parties involved.

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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.