Amendment Statement of Principles concerning intervertebral disc prolapse (Reasonable Hypothesis) (No. 38 of 2020)

Administered by Department of Veterans' Affairs

Legislation au F2020L00492 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

INTERVERTEBRAL DISC PROLAPSE

(REASONABLE HYPOTHESIS) (NO. 38 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 (Reasonable Hypothesis) (No. 38 of 2020).

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 intervertebral disc prolapse (Reasonable Hypothesis) (No. 38 of 2020).

3.             This Instrument amends Statement of Principles concerning intervertebral disc prolapse (Reasonable Hypothesis) (No. 43 of 2016) (Federal Register of Legislation No. F2016L00563) 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. 38 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(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:-

  • amends Instrument No. 43 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 (Reasonable Hypothesis) (No. 38 of 2020) was enacted to address the problem of defining and assessing claims related to intervertebral disc prolapse among veterans and current or former Defence Force members under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This amendment was determined by the Repatriation Medical Authority, which operates under the authority of the Australian Parliament, to improve the medico-scientific quality of outcomes concerning the assessment and compensation of intervertebral disc prolapse claims. The policy objective of this amendment is to ensure that the factors connecting intervertebral disc prolapse with service are determined based on sound medical-scientific evidence, facilitating both the claimants and the Repatriation Commission in their respective roles. The amendment specifically revises the definition of 'trauma to the relevant disc' to account for circumstances where symptoms and signs are masked by unconsciousness or analgesic medication, thereby promoting a more equitable assessment process.

Scope and Application

The Amendment Statement of Principles concerning Intervertebral Disc Prolapse (Reasonable Hypothesis) (No. 38 of 2020) is an instrument determined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It amends the Statement of Principles concerning Intervertebral Disc Prolapse (Reasonable Hypothesis) (No. 43 of 2016) to facilitate claims and assessments under these Acts, particularly by revising the definition of "trauma to the relevant disc" to include scenarios where symptoms are masked by unconsciousness or analgesic medication. This change aims to ensure that veterans and Defence Force members can more effectively claim benefits related to intervertebral disc prolapse. The instrument applies to veterans and current or former Defence Force members, as well as their dependents, who may seek compensation or medical treatment under the relevant Acts. The instrument's scope is limited to the specific medical condition of intervertebral disc prolapse and does not extend to other injuries, diseases, or deaths. The determination of this instrument concludes the investigation into intervertebral disc prolapse, which was advertised in the Government Notices Gazette of 26 February 2020. Additionally, this Legislative Instrument has been assessed as compatible with human rights, promoting the rights of veterans and Defence Force members to social security, adequate living standards, and health care without discrimination.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning intervertebral disc prolapse (Reasonable Hypothesis) (No. 38 of 2020) focus on amending the existing definition of 'trauma to the relevant disc' in the Schedule 1 – Dictionary of the Statement of Principles concerning intervertebral disc prolapse (Reasonable Hypothesis) (No. 43 of 2016). This amendment is designed to ensure that claimants whose symptoms and signs are masked by unconsciousness or analgesic medication can still have their conditions assessed accurately (section 3). The Act specifies the day of commencement for this amendment, ensuring that the changes take effect at a designated time (section 4). The Repatriation Medical Authority has been involved in a consultation process, inviting submissions from relevant parties, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and other organisations and individuals with expertise in the field (section 5). The Authority has also declared that this instrument is compatible with human rights as recognised or declared in international instruments (section 6). The obligations imposed by the Act on the parties it governs include ensuring that the revised definition of 'trauma to the relevant disc' is applied in the assessment of claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Repatriation Medical Authority is tasked with determining the factors connecting intervertebral disc prolapse with service based on available sound medical-scientific evidence (section 1). Claimants must provide necessary evidence to substantiate their claims, and the Repatriation Commission must assess these claims in accordance with the amended principles. Additionally, the Veterans' Review Board and the Administrative Appeals Tribunal are required to review decisions made under the amended principles, ensuring that the processes are fair and transparent. For breaches of the provisions outlined in the Act, the specific penalties or consequences are not explicitly stated within the text. However, under Australian law, breaches of legislation related to veterans' entitlements and compensation can result in various civil and criminal consequences, depending on the nature and severity of the breach. Civil penalties can include fines, and in more severe cases, criminal penalties may apply, including imprisonment. The exact penalties would be determined by the courts based on the specific circumstances of the breach and applicable law.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Amending Act
Concepts
Definitions & Interpretation
Regulatory Standards
Human Rights Law

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.