Amendment Statement of Principles concerning hypogonadism (Reasonable Hypothesis) (No. 51 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L00667 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

HYPOGONADISM

(REASONABLE HYPOTHESIS) (NO. 51 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 (Reasonable Hypothesis) (No. 51 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 hypogonadism (Reasonable Hypothesis) (No. 51 of 2022).

3.             This Instrument amends Statement of Principles concerning hypogonadism (Reasonable Hypothesis) (No. 73 of 2021) (Federal Register of Legislation No. F2021L00619) 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. 51 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(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 hypogonadism;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal; and
  • amends Instrument No. 73 of 2021 to ensure 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 (Reasonable Hypothesis) (No. 51 of 2022) is an amendment to the Statement of Principles concerning hypogonadism (Reasonable Hypothesis) (No. 73 of 2021) under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Repatriation Medical Authority, established under these Acts, determined this amendment to ensure that the available sound medical-scientific evidence concerning hypogonadism is accurately reflected and to facilitate the process of making and reviewing claims for veterans and service personnel. This amendment aims to improve the quality of medico-scientific outcomes by providing clearer guidelines for the assessment of claims related to hypogonadism, thus ensuring that eligible persons receive appropriate medical treatment and compensation. The Authority consulted widely with relevant organisations and experts before finalising this amendment, which is compatible with human rights and freedoms as recognised by international instruments. This legislative instrument, determined under the authority of the Veterans' Entitlements Act 1986, seeks to address the gap in the existing definition of 'immune checkpoint inhibitor' and to provide clarity and improved outcomes for claimants. By amending the previous Statement of Principles, it ensures that the legislative framework better reflects current medical-scientific evidence, thereby supporting the rights of veterans and service personnel to social security, adequate living standards, and access to the highest attainable standard of health. The amendment also promotes the rights of persons with disabilities and ensures non-discriminatory access to benefits, in line with international human rights standards.

Scope and Application

This Amendment Statement of Principles, numbered 51 of 2022, pertains to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, specifically addressing hypogonadism linked to the use of immune checkpoint inhibitors. This instrument applies to veterans and current or former members of the Defence Force, as well as their dependents, who may have developed hypogonadism as a result of exposure to immune checkpoint inhibitors during their service. The legislation facilitates the process of making claims and assessing the eligibility for medical treatment and compensation for such conditions, thereby extending the scope of the original Statement of Principles concerning hypogonadism. This amendment ensures that the legal framework remains current with the latest medical-scientific evidence, enhancing the accuracy and fairness of compensation claims. The Act applies on a national level, as it is an instrument under the Commonwealth jurisdiction, and it operates to amend previous legislation without any stated exclusions or thresholds. Subordinate instruments may further extend or clarify the application of this legislation as needed.

Key Provisions

The main operative sections of this legislative instrument, Amendment Statement of Principles concerning hypogonadism (Reasonable Hypothesis) (No. 51 of 2022), revolve around amending the existing definition of 'immune checkpoint inhibitor' in the Schedule 1 – Dictionary (section 2). This amendment is made to better reflect the available sound medical-scientific evidence concerning hypogonadism and to facilitate the assessment of claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument, determined under subsections 196B(2) and (8) of the VEA, seeks to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent. The obligations and requirements imposed by this Act primarily focus on the Repatriation Medical Authority (the Authority) and its role in determining statements of principles concerning hypogonadism. The Authority is tasked with ensuring that these instruments outline the factors connecting hypogonadism with service based on available sound medical-scientific evidence. This includes facilitating the assessment and review of claims by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, and the Administrative Appeals Tribunal. The Authority is also required to ensure that the instrument does not derogate from any human rights and promotes the human rights of veterans and Defence Force members, including their dependents. Breach of the obligations and requirements under this Act could result in civil or criminal consequences. However, the specific offences, penalties, or consequences for breach are not explicitly stated in the provided text. In general, breaches of legislative instruments may lead to legal actions, fines, or other penalties as prescribed by relevant laws. It is important to note that the Authority's determination of this instrument finalises the investigation into taking immune checkpoint inhibitors as a factor in hypogonadism, as advertised in the Government Notices Gazette of 12 October 2021. This legislative instrument is compatible with human rights as it does not derogate from and promotes a number of human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. It also ensures that these rights will be exercised without discrimination of any kind. The instrument has been assessed as a technical one, which improves the medico-scientific quality of outcomes under the VEA and the MRCA.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Rights & Protections
Catchwords
Human Rights Implications

Interactions

Authorises

All Versions

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.