Amendment Statement of Principles concerning intervertebral disc prolapse (Balance of Probabilities) (No. 39 of 2020)

Administered by Department of Veterans' Affairs

Legislation au F2020L00497 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

INTERVERTEBRAL DISC PROLAPSE

(BALANCE OF PROBABILITIES) (NO. 39 OF 2020)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning intervertebral disc prolapse (Balance of Probabilities) (No. 39 of 2020).

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 intervertebral disc prolapse (Balance of Probabilities) (No. 39 of 2020).

3.             This Instrument amends Statement of Principles concerning intervertebral disc prolapse (Balance of Probabilities) (No. 44 of 2016) (Federal Register of Legislation No. F2016L00564) by:

  • replacing the existing definition of 'trauma to the relevant disc' in 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 intervertebral disc prolapse in the Government Notices Gazette of 26 February 2020, 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.  One submission was 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 intervertebral disc prolapse as advertised in the Government Notices Gazette of 26 February 2020.

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. 39 of 2020

Kind of Injury, Disease or Death: Intervertebral disc prolapse

 

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:-

  • amends Instrument No. 44 of 2016;
  • 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 intervertebral disc prolapse and in particular, includes a revised definition of 'trauma to the relevant disc' to ensure that the factors concerning trauma to the relevant disc are available to claimants whose symptoms and signs are masked by unconsciousness or analgesic medication; and
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal.

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 Amendment Statement of Principles concerning intervertebral disc prolapse (Balance of Probabilities) (No. 39 of 2020) was enacted by the Repatriation Medical Authority under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative amendment aims to address the need for a more accurate and comprehensive definition of 'trauma to the relevant disc' in cases of intervertebral disc prolapse. This change facilitates claimants in making and the Repatriation Commission in assessing claims for benefits and compensation under the VEA and MRCA. The policy objective of the amendment is to improve the medico-scientific quality of outcomes by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. The instrument is designed to promote various human rights, including the right to social security and the right to the highest attainable standard of physical and mental health.

Scope and Application

The Amendment Statement of Principles concerning intervertebral disc prolapse (Balance of Probabilities) (No. 39 of 2020) applies to veterans and other eligible persons as defined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The amendment is intended to facilitate claims for compensation and medical treatment for intervertebral disc prolapse by revising the definition of 'trauma to the relevant disc' to ensure that the factors concerning trauma to the relevant disc are available to claimants whose symptoms and signs are masked by unconsciousness or analgesic medication. This amendment serves to improve the assessment and determination of claims related to intervertebral disc prolapse, thereby enhancing the medico-scientific quality of outcomes under the VEA and the MRCA. The legislative instrument is compatible with human rights, as it promotes the rights of veterans, current and former Defence Force members, and their dependents, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. This instrument does not derogate from any human rights and ensures that these rights will be exercised without discrimination. The amendment extends to the Commonwealth jurisdiction and is effective from the specified commencement date as per subsection 12(3) of the Legislation Act 2003.

Key Provisions

The Amendment Statement of Principles concerning intervertebral disc prolapse (Balance of Probabilities) (No. 39 of 2020) amends the existing Statement of Principles concerning intervertebral disc prolapse (Balance of Probabilities) (No. 44 of 2016) by providing a revised definition of 'trauma to the relevant disc'. This revision ensures that claimants whose symptoms and signs are masked by unconsciousness or analgesic medication can still qualify for medical treatment and compensation under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative change is intended to facilitate both the process of making claims and the assessment of those claims by the Repatriation Commission and the Military Rehabilitation and Compensation Commission. Additionally, it supports the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. The Act imposes several obligations on parties and entities it governs. Claimants must provide accurate and complete information regarding their service history and the condition in question. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are required to assess claims in line with the updated Statement of Principles, ensuring that they consider the revised definition of 'trauma to the relevant disc'. Furthermore, the Veterans' Review Board and the Administrative Appeals Tribunal must review decisions made by the Commissions in accordance with the legislative requirements. Breaches of the provisions set out in this Amendment Statement of Principles could result in various consequences. Although the document does not explicitly detail specific offences, penalties, or civil/criminal consequences, breaches of the VEA or MRCA provisions generally could lead to legal actions. For instance, providing false information to the Repatriation Commission or the Military Rehabilitation and Compensation Commission could result in penalties for making false statements, which can include fines and, in some cases, criminal charges. The precise penalties would be determined by the relevant sections of the VEA and MRCA, which may include fines up to a certain amount or imprisonment, depending on the severity of the offence. It is important for claimants and entities involved to adhere strictly to the legislative requirements to avoid any potential legal repercussions.

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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.