Amendment Statement of Principles concerning immune thrombocytopaenia (Reasonable Hypothesis) (No. 57 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L00656 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

IMMUNE THROMBOCYTOPAENIA

(REASONABLE HYPOTHESIS) (NO. 57 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 immune thrombocytopaenia (Reasonable Hypothesis) (No. 57 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 immune thrombocytopaenia (Reasonable Hypothesis) (No. 57 of 2022).

3.             This Instrument amends Statement of Principles concerning immune thrombocytopaenia (Reasonable Hypothesis) (No. 63 of 2017) (Federal Register of Legislation No. F2017L01448) by:

  • inserting a new paragraph (aa) into the definition of ‘specified list of vaccines’ in the Schedule 1 – Dictionary;
  • inserting a new paragraph (oa) into the definition of ‘specified list of viral infections’ in the Schedule 1 – Dictionary; and
  • inserting a note to the definition of ‘specified list of viral infections’ 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 SARS-CoV-2 infection and coronavirus disease 2019 (COVID-19) vaccines as factors in immune thrombocytopaenia in the Government Notices Gazette of 5 January 2022, 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 SARS- CoV- 2 infection and coronavirus disease 2019 (COVID-19) vaccines as factors in immune thrombocytopaenia as advertised in the Government Notices Gazette of 5 January 2022.

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. 57 of 2022

Kind of Injury, Disease or Death: Immune thrombocytopaenia

 

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 immune thrombocytopaenia;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes  SARS-CoV-2 infection and coronavirus disease 2019 (COVID-19) vaccines as 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 immune thrombocytopaenia with the circumstances of eligible service rendered by a person; and
  • amends Instrument No. 63 of 2017; to ensure it better reflect the available sound medical-scientific evidence concerning immune thrombocytopaenia. 

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 immune thrombocytopaenia (Reasonable Hypothesis) (No. 57 of 2022), enacted in 2022, addresses the need to update the conditions under which veterans and serving or former Defence Force members can claim for compensation and medical treatment related to immune thrombocytopaenia, including its connection to SARS-CoV-2 infection and COVID-19 vaccines. This legislation was introduced by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, aiming to reflect the most recent medical-scientific evidence. The policy objective of this amendment is to ensure that the claims process is fair, transparent, and based on sound medical-scientific evidence, thereby facilitating the provision of appropriate benefits and treatment to affected individuals while also promoting human rights by ensuring the accessibility and non-discrimination in the social security benefits process.

Scope and Application

The Amendment Statement of Principles concerning immune thrombocytopaenia (Reasonable Hypothesis) (No. 57 of 2022) applies to the veterans and current or former Defence Force members who are eligible for benefits under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation amends the existing Statement of Principles concerning immune thrombocytopaenia (Reasonable Hypothesis) (No. 63 of 2017) by updating the definitions of 'specified list of vaccines' and 'specified list of viral infections' to include SARS-CoV-2 infection and coronavirus disease 2019 (COVID-19) vaccines as factors that must exist for a reasonable hypothesis to connect immune thrombocytopaenia with the circumstances of eligible service. The amendment is intended to ensure the available sound medical-scientific evidence is accurately reflected and to facilitate claims and assessments under the VEA and MRCA. The scope of this legislation is national, as it applies across Australia, and it does not exclude any specific groups or entities, but rather extends its reach to all eligible veterans and Defence Force members. The legislative instrument is compatible with human rights, promoting the rights of veterans, current and former Defence Force members and their dependents without any derogation.

Key Provisions

The Amendment Statement of Principles concerning immune thrombocytopaenia (Reasonable Hypothesis) (No. 57 of 2022) amends the Statement of Principles concerning immune thrombocytopaenia (Reasonable Hypothesis) (No. 63 of 2017) by inserting new definitions into the Schedule 1 – Dictionary of the Veterans' Entitlements Act 1986 (VEA) (sections 196B(2) and (8)). This amendment specifically includes SARS-CoV-2 infection and COVID-19 vaccines as new factors in the list of specified vaccines and viral infections associated with immune thrombocytopaenia. The purpose of these amendments is to align the legislative instrument with the most current medical-scientific evidence, ensuring that it accurately reflects the understanding of the conditions that may lead to immune thrombocytopaenia in eligible service personnel. The Act imposes obligations on the Repatriation Medical Authority (the Authority) to regularly review and update the Statement of Principles to incorporate new medical evidence. This ensures that the principles governing the assessment and compensation for immune thrombocytopaenia remain scientifically sound and relevant. Furthermore, it places a duty on the Authority to consult with relevant stakeholders, including veterans' organisations and experts in the field, when determining amendments to these principles. However, as noted in the explanatory statement, no submissions were received for consideration in this instance, indicating either widespread agreement with the Authority's findings or a lack of consultation response. Under the VEA, any failure to comply with the amended Statement of Principles may result in improper claims or assessments being made. While the explanatory statement does not explicitly mention penalties for non-compliance, breaches of the legislative requirements for veterans' entitlements and compensation could potentially lead to civil or administrative consequences. These may include the need to repay any wrongly awarded benefits, disqualification from further compensation, or other corrective measures as deemed appropriate by the relevant authorities. The severity of any penalties would depend on the specific circumstances of the breach and the discretion of the administering bodies. Overall, the Amendment Statement of Principles concerning immune thrombocytopaenia (Reasonable Hypothesis) (No. 57 of 2022) ensures that the legislative framework governing compensation for immune thrombocytopaenia among veterans and service personnel is up-to-date and reflective of current medical knowledge. It underscores the importance of accurate and timely updates to legislative instruments to ensure they meet the needs of the affected population and maintain public trust in the compensation system.

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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.