Amendment Statement of Principles concerning hypogonadism (Balance of Probabilities) (No. 52 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L00668 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

HYPOGONADISM

(BALANCE OF PROBABILITIES) (NO. 52 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 hypogonadism (Balance of Probabilities) (No. 52 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 hypogonadism (Balance of Probabilities) (No. 52 of 2022).

3.             This Instrument amends Statement of Principles concerning hypogonadism (Balance of Probabilities) (No. 74 of 2021) (Federal Register of Legislation No. F2021L00620) by:

  • replacing the existing 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 hypogonadism 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 hypogonadism 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. 52 of 2022

Kind of Injury, Disease or Death: Hypogonadism

 

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 hypogonadism;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal; and
  • amends Instrument No. 74 of 2021 to ensure that it better reflects the available sound medical-scientific evidence concerning hypogonadism.

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 hypogonadism (Balance of Probabilities) (No. 52 of 2022) amends the existing Statement of Principles concerning hypogonadism (Balance of Probabilities) (No. 74 of 2021). This amendment was enacted to better reflect the sound medical-scientific evidence regarding hypogonadism, a condition that can be linked to service in the Defence Force. The Repatriation Medical Authority, acting under the authority granted by subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986, determined this amendment to facilitate the assessment and claims process for veterans and service personnel, ensuring that the benefits provided are both reasonable and proportionate. This instrument is compatible with the human rights and freedoms recognised in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, promoting the rights of veterans and their dependants by ensuring that the qualifying conditions for social security benefits are transparent and non-discriminatory.

Scope and Application

The Amendment Statement of Principles concerning hypogonadism (Balance of Probabilities) (No. 52 of 2022) applies to veterans, current and former Defence Force members, and their dependents who are affected by hypogonadism and are seeking medical treatment and compensation under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument is instrumental in facilitating the claims process by specifying the circumstances under which compensation and medical treatment can be extended to eligible persons. The instrument amends the previous Statement of Principles concerning hypogonadism (Balance of Probabilities) (No. 74 of 2021) to better reflect the available sound medical-scientific evidence. The scope of this instrument is national, operating within the framework of Commonwealth legislation, and its amendments are applicable across Australia. The instrument is assessed as being a technical instrument that improves the medico-scientific quality of outcomes under the aforementioned acts. It does not exclude any particular group but ensures that the rights of veterans, current and former Defence Force members, and their dependents are protected and promoted, in line with various international human rights conventions.

Key Provisions

The Amendment Statement of Principles concerning hypogonadism (Balance of Probabilities) (No. 52 of 2022) amends the existing Statement of Principles concerning hypogonadism (Balance of Probabilities) (No. 74 of 2021). This legislative instrument modifies the definition of 'immune checkpoint inhibitor' in Schedule 1 – Dictionary, ensuring that the definition aligns with the latest medical-scientific evidence. This change facilitates better assessment and claims processes for veterans and Defence Force members suffering from hypogonadism. The instrument was determined under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986 (VEA) and is applicable under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Amendment Statement imposes certain obligations on the parties and entities it governs. Specifically, it requires the Repatriation Commission and the Military Rehabilitation and Compensation Commission to assess claims for hypogonadism in light of the new definition and medical evidence. It also ensures that the Veterans' Review Board and the Administrative Appeals Tribunal can review decisions made under this new framework. The instrument aims to streamline the process for claimants and ensure that compensation and benefits are awarded fairly and transparently. Failure to comply with the provisions of this Amendment Statement may result in improper assessment and adjudication of claims, leading to potential legal and administrative consequences. While specific penalties for breaches are not detailed in the document, non-compliance could result in civil or administrative penalties under the VEA and MRCA. The precise consequences would depend on the nature and severity of the breach, and could include financial penalties, corrective measures, or other forms of redress as determined by the relevant authorities. The Amendment Statement is compatible with human rights and freedoms as recognised or declared in the international instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. It promotes the rights of veterans and Defence Force members by ensuring that they receive fair and timely assessments of their claims. The instrument does not derogate from any human rights and, in fact, supports the right to social security, adequate living standards, and the highest attainable standard of health. It also ensures that these rights are exercised without discrimination, in line with the provisions of the International Covenant on Economic, Social and Cultural Rights and other relevant conventions.

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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.