Amendment Statement of Principles concerning Guillain-Barre syndrome (Balance of Probabilities) (No. 58 of 2021)

Administered by Department of Veterans' Affairs

Legislation au F2021L00484 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

GUILLAIN-BARRE SYNDROME

(BALANCE OF PROBABILITIES) (NO. 58 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 Guillain-Barre syndrome (Balance of Probabilities) (No. 58 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 Guillain-Barre syndrome (Balance of Probabilities) (No. 58 of 2021).

3.             This Instrument amends Statement of Principles concerning Guillain-Barre syndrome (Balance of Probabilities) (No. 24 of 2018) (Federal Register of Legislation No. F2018L00189) by:

  • revising the factor in subsection 9(1) concerning 'having an infection from the specified list of infections'; and
  • revising the definition of 'specified list of infections' in 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 Guillain-Barre syndrome in the Government Notices Gazette of 5 January 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 Guillain-Barre syndrome as advertised in the Government Notices Gazette of 5 January 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. 58 of 2021

Kind of Injury, Disease or Death: Guillain-Barre syndrome

 

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 Guillain-Barre syndrome;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • revises a factor which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, Guillain-Barre syndrome is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 24 of 2018; and
  • reflects developments in the available sound medical-scientific evidence concerning Guillain-Barre syndrome 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, 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;
  • 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 Guillain-Barre syndrome (Balance of Probabilities) (No. 58 of 2021) is an amendment to the existing Statement of Principles concerning Guillain-Barre syndrome (Balance of Probabilities) (No. 24 of 2018). This amendment was enacted to revise certain factors and definitions related to the connection between Guillain-Barre syndrome and military service, ensuring that the sound medical-scientific evidence is up-to-date and accurately reflected. The Repatriation Medical Authority determined this amendment under the authority granted by the Veterans' Entitlements Act 1986. The primary policy objective is to facilitate the assessment and determination of claims for medical treatment and compensation for veterans and Defence Force members who have developed Guillain-Barre syndrome, ensuring that these claims are evaluated in accordance with the latest medical-scientific evidence. This amendment aims to improve the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, thereby 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. This Legislative Instrument is compatible with human rights, promoting the rights of veterans and Defence Force members by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. It supports the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, ensuring that these rights are exercised without discrimination. The Repatriation Medical Authority has ensured that the amendment is consistent with the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities.

Scope and Application

This amendment to the Statement of Principles concerning Guillain-Barre syndrome (Balance of Probabilities) (No. 58 of 2021) under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) applies to veterans, current and former Defence Force members, and their dependents who are eligible for benefits and compensation. This legislative instrument is determined by the Repatriation Medical Authority and reflects recent developments in the available sound medical-scientific evidence concerning Guillain-Barre syndrome. It facilitates the assessment of claims and the review of decisions by the Repatriation Commission, the Military Rehabilitation and Compensation Commission, the Veterans' Review Board, and the Administrative Appeals Tribunal. The amendment revises the factor concerning 'having an infection from the specified list of infections' and the definition of 'specified list of infections', providing a clearer framework for determining eligibility for benefits and compensation related to Guillain-Barre syndrome. The legislative instrument is compatible with human rights as it promotes the rights to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, without any form of discrimination. The amendment specifies a day of commencement in accordance with the Legislation Act 2003 and is available for review on the Repatriation Medical Authority's website.

Key Provisions

The Amendment Statement of Principles concerning Guillain-Barre syndrome (Balance of Probabilities) (No. 58 of 2021) amends the existing Statement of Principles concerning Guillain-Barre syndrome (Balance of Probabilities) (No. 24 of 2018) under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986 (VEA). This amendment revises the factor in subsection 9(1) concerning 'having an infection from the specified list of infections' and updates the definition of 'specified list of infections' in Schedule 1 - Dictionary (sections 2 and 3). The objective of this legislative amendment is to reflect the most current sound medical-scientific evidence concerning Guillain-Barre syndrome, ensuring that the criteria for connecting this condition with service are both accurate and comprehensive. The Act imposes several obligations on the parties involved, particularly focusing on the Repatriation Medical Authority (RMA) and the relevant Commissions. The RMA is responsible for determining the Statement of Principles based on available sound medical-scientific evidence and must ensure that these determinations are compatible with human rights as outlined in international instruments. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are tasked with assessing claims and making decisions based on these principles. Furthermore, the Veterans' Review Board and the Administrative Appeals Tribunal are required to review decisions made under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA) in light of the amended principles. The legislative instrument explicitly states that it does not derogate from any human rights and, in fact, promotes several human rights of veterans, current and former Defence Force members, and their dependents. This includes the right to social security, the right to an adequate standard of living, and the right to the highest attainable standard of physical and mental health. By facilitating the assessment and determination of benefits, the Act aims to ensure that these rights are exercised without discrimination, thereby supporting the equitable treatment of all eligible claimants. In terms of potential breaches and consequences, the legislative instrument does not specify any particular offences, penalties, or civil/criminal consequences for non-compliance with the amended principles. However, the Repatriation Medical Authority, Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, and the Administrative Appeals Tribunal are all bound by the legislative requirements to ensure that their actions are in line with the updated medical-scientific evidence and human rights considerations. Failure to comply with these obligations could result in legal challenges and the potential for reviews or appeals, which could lead to revised decisions or recommendations for better adherence to the principles set forth in the Act.

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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.