Amendment Statement of Principles concerning loss of teeth (Balance of Probabilities) (No. 84 of 2018)

Administered by Department of Veterans' Affairs

Legislation au F2018L01176 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

LOSS OF TEETH

(BALANCE OF PROBABILITIES) (NO. 84 OF 2018)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning loss of teeth (Balance of Probabilities) (No. 84 of 2018).

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 loss of teeth (Balance of Probabilities) (No. 84 of 2018).

3.             This Instrument amends Statement of Principles concerning loss of teeth (Balance of Probabilities) (No. 125 of 2015) (Federal Register of Legislation No. F2015L01679) by:

  • inserting a new factor in subsection 9(9a) concerning 'tooth wear'.

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 loss of teeth in the Government Notices Gazette of 8 May 2018, 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, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field.  Three submissions were received for consideration by the Authority during 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 loss of teeth as advertised in the Government Notices Gazette of 8 May 2018.

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. 84 of 2018

Kind of Injury, Disease or Death: Loss of teeth

 

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(8) 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 linking 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 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 loss of teeth;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes a new factor which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, loss of teeth is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 125 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning loss of teeth which have occurred since that earlier instrument was determined. 

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 loss of teeth (Balance of Probabilities) (No. 84 of 2018) was enacted to address the need for updated medical-scientific evidence regarding the connection between service and loss of teeth among veterans and Defence Force members. This amendment was made under the authority of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Repatriation Medical Authority, acting in accordance with the provisions of these Acts, introduced this instrument to incorporate the latest medical-scientific evidence and to facilitate the assessment of claims related to loss of teeth. The policy objective of the amendment is to ensure that the determination of entitlements is based on sound medical-scientific evidence, thereby improving the quality of outcomes and facilitating the provision of appropriate compensation and treatment for affected veterans and Defence Force members. This instrument reflects developments in medical-scientific evidence concerning loss of teeth since the previous Statement of Principles was determined in 2015. By introducing a new factor related to 'tooth wear', the amendment aims to assist claimants and the Repatriation Commission in making and assessing claims. It also supports the review of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. The instrument is consistent with human rights, promoting the rights of veterans, 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.

Scope and Application

The Amendment Statement of Principles concerning loss of teeth (Balance of Probabilities) (No. 84 of 2018) applies to veterans, current and former Defence Force members, and other eligible persons who have suffered a loss of teeth and are seeking compensation or medical treatment under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative instrument is determined under subsections 196B(3) and (8) of the VEA and aims to facilitate the assessment and determination of claims by incorporating the most recent medical-scientific evidence. The amendment introduces a new factor concerning 'tooth wear' to improve the medico-scientific quality of outcomes. This instrument operates on a national level, applying across Australia, and it reflects developments in the available sound medical-scientific evidence concerning loss of teeth since the previous instrument was determined in 2015. The application of this amendment can be extended or restricted through subordinate instruments as necessary. The instrument is compatible with human rights as it promotes various rights of veterans, Defence Force members, and their dependents, without derogation from any human rights.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning loss of teeth (Balance of Probabilities) (No. 84 of 2018) (section 2) are the provisions that introduce a new factor in subsection 9(9a) concerning 'tooth wear'. This amendment is made to the Statement of Principles concerning loss of teeth (Balance of Probabilities) (No. 125 of 2015), which is itself an instrument determined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The new factor aims to reflect the most recent sound medical-scientific evidence regarding the connection between loss of teeth and military service. The obligations and requirements imposed by this Act on the parties and entities it governs are primarily concerned with the assessment of claims under the VEA and the MRCA. The Repatriation Medical Authority, as the determining authority, is required to specify circumstances in which medical treatment and compensation can be extended to eligible persons who have lost teeth. This includes the introduction of the new factor concerning 'tooth wear', which must exist before it can be said that, on the balance of probabilities, loss of teeth is connected with the circumstances of eligible service rendered by a person. The Repatriation Commission is then tasked with assessing claims in accordance with these principles, while the Veterans' Review Board and the Administrative Appeals Tribunal are responsible for reviewing these decisions. In terms of offences, penalties, or consequences for breach, the Act itself does not explicitly outline specific penalties for non-compliance. However, the implications of not adhering to the specified principles and factors could result in the denial of compensation and benefits for eligible claimants. The Act is designed to ensure that claims are assessed based on the most current and sound medical-scientific evidence, and any deviation from these principles could potentially lead to legal challenges or reviews by the relevant tribunals. The maximum penalties, if any, would likely be determined by the applicable sections of the VEA and the MRCA, which may include fines or other administrative penalties for non-compliance with legislative requirements.

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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.