Amendment Statement of Principles concerning hypopituitarism (Balance of Probabilities) (No. 54 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L00674 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

HYPOPITUITARISM

(BALANCE OF PROBABILITIES) (NO. 54 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 hypopituitarism (Balance of Probabilities) (No. 54 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 hypopituitarism (Balance of Probabilities) (No. 54 of 2022).

3.             This Instrument amends Statement of Principles concerning hypopituitarism (Balance of Probabilities) (No. 12 of 2019) (Federal Register of Legislation No. F2019L00012) by:

  • replacing the existing factor in subsection 9(13) concerning 'taking an immune checkpoint inhibitor or an interferon';
  • replacing the existing factor in subsection 9(27) concerning 'taking an immune checkpoint inhibitor or an interferon'; and
  • 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 hypopituitarism 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 hypopituitarism 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. 54 of 2022

Kind of Injury, Disease or Death: Hypopituitarism

 

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 hypopituitarism;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal; and
  • amends Instrument No. 12 of 2019 to ensure that it better reflects the available sound medical-scientific evidence concerning hypopituitarism. 

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 hypopituitarism (Balance of Probabilities) (No. 54 of 2022) was enacted to address the problem of updating the criteria for veterans' compensation and military rehabilitation concerning hypopituitarism, specifically in relation to the use of immune checkpoint inhibitors and interferons. This amendment was determined by the Repatriation Medical Authority (the Authority) under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), with the purpose of ensuring that the available sound medical-scientific evidence is accurately reflected. The Authority finalised this investigation after advertising its intention in the Government Notices Gazette of 12 October 2021 and inviting submissions from relevant parties, though none were received. The Legislative Instrument is compatible with human rights as it promotes the rights of veterans and their dependants, including social security, adequate living standards, and health, without discrimination.

Scope and Application

The Amendment Statement of Principles concerning hypopituitarism (Balance of Probabilities) (No. 54 of 2022) applies to the assessment and determination of claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) for veterans, current and former Defence Force members, and their dependents who have been diagnosed with hypopituitarism. This legislative instrument amends the Statement of Principles concerning hypopituitarism (Balance of Probabilities) (No. 12 of 2019) to better reflect the available sound medical-scientific evidence concerning hypopituitarism. It replaces the existing factors in subsections 9(13) and 9(27) concerning 'taking an immune checkpoint inhibitor or an interferon' and amends the definition of 'immune checkpoint inhibitor' in the Schedule 1 – Dictionary. This instrument is compatible with human rights and does not derogate from any rights, while promoting several human rights such as the right to social security, adequate standard of living, highest attainable standard of physical and mental health, and rights of persons with disabilities. The Instrument is applicable nationally, as it pertains to veterans, service personnel, and their dependents across Australia.

Key Provisions

The Amendment Statement of Principles concerning hypopituitarism (Balance of Probabilities) (No. 54 of 2022) (referred to as the "Instrument") is a legislative amendment under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This Instrument, determined by the Repatriation Medical Authority, amends the Statement of Principles concerning hypopituitarism (Balance of Probabilities) (No. 12 of 2019) by updating the factors that link hypopituitarism with service, particularly concerning the use of immune checkpoint inhibitors and interferons (sections 9(13) and 9(27)). Additionally, it revises the definition of 'immune checkpoint inhibitor' in the Schedule 1 – Dictionary (section 1). This amendment ensures that the Statement of Principles better reflects the current sound medical-scientific evidence. The obligations under this Act primarily rest on the Repatriation Medical Authority, which must determine the factors connecting hypopituitarism with service based on available evidence. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are also involved in assessing claims under the VEA and the MRCA, respectively. Claimants must provide evidence that their condition is linked to their service, and the authorities must evaluate this evidence against the amended Statement of Principles. The Veterans' Review Board and the Administrative Appeals Tribunal are responsible for reviewing decisions made by the Repatriation Commission and the Military Rehabilitation and Compensation Commission. Breach of the provisions under the VEA and MRCA can lead to various consequences, including civil or criminal penalties, depending on the nature and severity of the breach. For instance, knowingly providing false or misleading information in a claim could result in penalties under the Crimes Act 1900, including fines and imprisonment. The exact penalties would depend on the specific laws breached and the circumstances of the offence. The Repatriation Medical Authority is tasked with ensuring compliance with these provisions, and non-compliance can lead to legal actions against 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.