Amendment Statement of Principles concerning loss of teeth (Reasonable Hypothesis) (No. 83 of 2018)

Administered by Department of Veterans' Affairs

Legislation au F2018L01171 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

LOSS OF TEETH

(REASONABLE HYPOTHESIS) (NO. 83 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 (Reasonable Hypothesis) (No. 83 of 2018).

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 loss of teeth (Reasonable Hypothesis) (No. 83 of 2018).

3.             This Instrument amends Statement of Principles concerning loss of teeth (Reasonable Hypothesis) (No. 124 of 2015) (Federal Register of Legislation No. F2015L01678) 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. 83 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting loss of teeth with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 124 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 (Reasonable Hypothesis) (No. 83 of 2018) was enacted to address the gap in the existing legislative framework governing the eligibility for benefits related to loss of teeth among veterans and Defence Force members. The Repatriation Medical Authority determined this amendment under the provisions of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The policy objective of this legislative instrument is to improve the medico-scientific quality of outcomes for claimants by incorporating the latest sound medical-scientific evidence concerning loss of teeth. This amendment facilitates the assessment of claims and ensures that compensation and benefits are awarded in a manner that is reasonable, proportionate, and transparent, thereby promoting the human rights of veterans, current and former Defence Force members, and their dependents. The Legislative Instrument was determined to be compatible with the human rights and freedoms recognised in international instruments, such as the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. This amendment ensures that the qualifying conditions for benefits are fair and non-discriminatory, reflecting the Authority's commitment to upholding human rights in the administration of veterans' entitlements.

Scope and Application

The Amendment Statement of Principles concerning loss of teeth (Reasonable Hypothesis) (No. 83 of 2018) applies to veterans and current or former Defence Force members who have suffered loss of teeth and are seeking medical treatment and compensation under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It introduces a new factor concerning 'tooth wear' which must be present to raise a reasonable hypothesis linking the loss of teeth with service circumstances. The instrument is applicable on a Commonwealth level and serves to facilitate claims and assessments by the Repatriation Commission, as well as reviews by the Veterans' Review Board and the Administrative Appeals Tribunal. There are no stated exclusions or exemptions, and the instrument reflects advancements in medical-scientific evidence since the previous statement of principles was issued. The Repatriation Medical Authority is responsible for determining such instruments, and this particular amendment is a technical measure to enhance the quality of medico-scientific outcomes under the Acts. The instrument is compatible with human rights, promoting various rights including social security, an adequate standard of living, and the highest attainable standard of physical and mental health, without discrimination.

Key Provisions

The Amendment Statement of Principles concerning loss of teeth (Reasonable Hypothesis) (No. 83 of 2018) amends the existing Statement of Principles concerning loss of teeth (Reasonable Hypothesis) (No. 124 of 2015) by incorporating a new factor related to 'tooth wear' in subsection 9(9a) (paragraph 3). This amendment aims to reflect the most recent sound medical-scientific evidence concerning loss of teeth and to facilitate the process of making and assessing claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The obligations imposed by this Act on the parties or entities it governs include the Repatriation Medical Authority's responsibility to determine the new factor concerning tooth wear based on the available sound medical-scientific evidence. This requirement is intended to ensure that the determination of claims is based on the most current and reliable evidence. The Repatriation Commission is also obligated to consider this new factor when assessing claims, ensuring that claimants who meet the criteria for loss of teeth receive appropriate medical treatment and compensation. Furthermore, the Veterans' Review Board and the Administrative Appeals Tribunal are tasked with reviewing decisions made under the VEA and MRCA, including those that incorporate the new factor concerning tooth wear. The Act does not explicitly outline specific offences, penalties, or consequences for breach. However, the failure to comply with the requirements of the VEA and MRCA, including the new factor concerning tooth wear, could lead to legal challenges regarding the validity of claims and the assessment of benefits. Such challenges could result in the overturning of decisions by the Veterans' Review Board or the Administrative Appeals Tribunal, leading to potential financial and procedural repercussions for claimants and the Repatriation Commission. Additionally, non-compliance with the principles outlined in the Act could impact the human rights of veterans, current and former Defence Force members, and their dependents, particularly their right to social security and an adequate standard of living.

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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.