Amendment Statement of Principles concerning hypertension No. 89 of 2019

Administered by Department of Veterans' Affairs

Legislation au F2019L01091 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

HYPERTENSION

NO. 89 OF 2019

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning hypertension No. 89 of 2019.

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 hypertension No. 89 of 2019.

3.             This Instrument amends Statement of Principles concerning hypertension No. 63 of 2013 (Federal Register of Legislation No. F2013L01652) by:

  • Inserting new factors concerning contact with a phenoxy acid herbicide in paragraphs 6(pa) and 6(ffa);
  • Inserting new factors concerning contact with a chemical agent contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD) in paragraphs 6(pb) and 6(ffb);
  • Amending paragraph 7 to refer to paragraphs 6(ffa) and 6(ffb); and
  • Inserting new definitions of 'inhaling, ingesting or having cutaneous contact with a chemical agent contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD)' and 'phenoxy acid herbicide from the specified list' in paragraph 9.

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 hypertension in the Government Notices Gazette of 8 January 2019, 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 during 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 hypertension as advertised in the Government Notices Gazette of 8 January 2019.

References

8.             A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA.  Any such request must be made in writing to the Repatriation Medical Authority at the following address:

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. 89 of 2019

Kind of Injury, Disease or Death: Hypertension

 

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 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 hypertension;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes new factors which the current sound medical-scientific evidence indicates must as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting hypertension with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 63 of 2013; and
  • reflects developments in the available sound medical-scientific evidence concerning hypertension 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 Veterans' Entitlements Act 1986, amended by the Military Rehabilitation and Compensation Act 2004, introduced the framework for determining medical conditions associated with military service that may qualify veterans for benefits and compensation. The Amendment Statement of Principles concerning hypertension No. 89 of 2019, finalised in 2019, further refines the criteria for hypertension as a service-related condition. This legislative instrument, determined by the Repatriation Medical Authority under the Veterans' Entitlements Act, aims to facilitate claims and assessments by incorporating new factors related to exposure to specific chemical agents and herbicides, reflecting advancements in medical-scientific evidence. The policy objective is to ensure that compensation and benefits are provided to veterans based on reasonable, proportionate, and transparent criteria, thereby upholding their rights to social security, adequate living standards, and health, in accordance with international human rights standards.

Scope and Application

The Amendment Statement of Principles concerning hypertension No. 89 of 2019, as detailed in the Explanatory Statement, is a legislative instrument determined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This Amendment Statement primarily applies to veterans and current or former Defence Force members who have hypertension and are seeking medical treatment and compensation under the VEA and MRCA. It refines the criteria for establishing a connection between hypertension and service, specifically incorporating new factors such as exposure to phenoxy acid herbicides and chemical agents contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD). This legislative instrument amends the previous Statement of Principles concerning hypertension No. 63 of 2013, updating the medico-scientific evidence to reflect the most current understanding of the condition. The amendment is designed to assist in the assessment and review of claims, ensuring that the criteria for eligibility are both reasonable and proportionate, thereby promoting the human rights of veterans and Defence Force members, including their right to social security and the highest attainable standard of health. This legislative instrument does not exclude any groups or set specific geographic boundaries, as it is intended to apply nationally within Australia.

Key Provisions

The Amendment Statement of Principles concerning hypertension No. 89 of 2019 (section 196B(2) of the Veterans' Entitlements Act 1986 (VEA)) amends Statement of Principles concerning hypertension No. 63 of 2013 by inserting new factors related to exposure to certain chemical agents, namely phenoxy acid herbicides and chemical agents contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD). Specifically, new factors concerning contact with a phenoxy acid herbicide are introduced in paragraphs 6(pa) and 6(ffa), while new factors concerning contact with a chemical agent contaminated by TCDD are introduced in paragraphs 6(pb) and 6(ffb). Paragraph 7 is amended to refer to these new factors, and new definitions for 'inhaling, ingesting or having cutaneous contact with a chemical agent contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD)' and 'phenoxy acid herbicide from the specified list' are inserted in paragraph 9. These amendments are intended to reflect the latest sound medical-scientific evidence concerning hypertension and service-related factors. The obligations imposed by the Amendment Statement of Principles concern the eligibility criteria for veterans and current or former Defence Force members seeking medical treatment and compensation for hypertension. The claimants must demonstrate that they have been exposed to the specified chemical agents as a result of their service, and that this exposure has led to hypertension. The Repatriation Commission, which assesses the claims, must consider these new factors in determining eligibility. The Veterans' Review Board and the Administrative Appeals Tribunal, which review the decisions, must also take these factors into account. The new definitions provided in the instrument are essential for understanding the scope and application of these factors. Breaches of the provisions outlined in this amendment may have legal consequences, although the document does not specify any particular offences, penalties, or civil or criminal consequences for non-compliance. However, it is implied that failure to meet the eligibility criteria or to follow the correct procedures for assessing and determining claims could lead to disputes that may be resolved through the review mechanisms provided by the Veterans' Review Board and the Administrative Appeals Tribunal. The precise penalties for non-compliance are not detailed in the document, but they would typically involve ensuring that claimants and the Repatriation Commission adhere to the stipulated factors and definitions to maintain the integrity and fairness of the claims process.

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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.