Amendment Statement of Principles concerning lumbar spondylosis No. 67 of 2018

Administered by Department of Veterans' Affairs

Legislation au F2018L00856 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

LUMBAR SPONDYLOSIS

(REASONABLE HYPOTHESIS) (NO. 67 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 lumbar spondylosis No. 67 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 lumbar spondylosis No. 67 of 2018.

3.             This Instrument amends Statement of Principles concerning lumbar spondylosis Instrument No. 62 of 2014 (Federal Register of Legislation No. F2014L00933) by:

  • replacing the existing factors "(j)" and "(y)" in clause 6 concerning 'lifting loads'; and
  • replacing the existing factors "(k)" and "(z)" in clause 6 concerning 'carrying loads'.

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 lumbar spondylosis in the Government Notices Gazette of 14 November 2017, 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 lumbar spondylosis as advertised in the Government Notices Gazette of 14 November 2017.

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. 67 of 2018

Kind of Injury, Disease or Death: Lumbar spondylosis

 

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 lumbar spondylosis;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes revised 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 lumbar spondylosis with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 62 of 2014; and
  • reflects developments in the available sound medical-scientific evidence concerning lumbar spondylosis 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 Lumbar Spondylosis No. 67 of 2018 was enacted to address the need for updated and scientifically sound principles governing the assessment and compensation of lumbar spondylosis claims by veterans under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument was determined by the Repatriation Medical Authority under the authority granted by the VEA and is intended to facilitate both the making and assessment of claims, as well as the review of such decisions. The Authority considered new medical-scientific evidence in amending the previous Statement of Principles No. 62 of 2014, focusing on the specific factors associated with lifting and carrying loads. The policy objective of this amendment is to ensure that the assessment of lumbar spondylosis claims is based on the most current and reliable medical-scientific evidence, thereby supporting the human rights of veterans and their dependents, including their rights to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. This instrument is also compliant with the human rights recognised in international instruments, ensuring that the rights of claimants are exercised without discrimination.

Scope and Application

The Amendment Statement of Principles concerning lumbar spondylosis No. 67 of 2018 applies to veterans and current or former members of the Defence Force who have been diagnosed with lumbar spondylosis, and who are seeking compensation and medical treatment under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Instrument amends Instrument No. 62 of 2014 by replacing existing factors in clauses 6 concerning 'lifting loads' and 'carrying loads', reflecting developments in the available sound medical-scientific evidence since the earlier instrument was determined. This Amendment Instrument is applicable nationally across Australia, as it is determined under the Commonwealth legislative framework. There are no stated exclusions, exemptions, or thresholds in this Instrument, but it does extend the application of the VEA and the MRCA to include revised factors for lumbar spondylosis. This Legislative Instrument does not derogate from any human rights and 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, as it promotes various human rights of veterans, current and former Defence Force members, and their dependents. The Amendment Statement of Principles concerning lumbar spondylosis No. 67 of 2018 is a technical instrument that improves the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It facilitates claimants in making, and the Repatriation Commission in assessing, claims under these Acts by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have lumbar spondylosis. The Instrument also facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. The Repatriation Medical Authority has determined this Instrument in accordance with subsection 196B(8) of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, finalising the investigation in relation to lumbar spondylosis as advertised in the Government Notices Gazette of 14 November 2017.

Key Provisions

The key operative sections of this legislation, specifically Amendment Statement of Principles concerning lumbar spondylosis No. 67 of 2018, involve the amendment of the existing Statement of Principles concerning lumbar spondylosis Instrument No. 62 of 2014 (F2014L00933). This amendment is done by replacing the existing factors "(j)" and "(y)" in clause 6 concerning 'lifting loads', and replacing the existing factors "(k)" and "(z)" in clause 6 concerning 'carrying loads'. This amendment is aimed at reflecting developments in the available sound medical-scientific evidence concerning lumbar spondylosis that have occurred since the earlier instrument was determined. The Act imposes several obligations and requirements on the parties it governs. For instance, it requires the Repatriation Medical Authority to facilitate claimants in making, and the Repatriation Commission in assessing, claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) respectively. It also requires these authorities to specify the circumstances in which medical treatment and compensation can be extended to eligible persons who have lumbar spondylosis. Furthermore, it mandates that these decisions be made based on the available sound medical-scientific evidence, and that they be reviewed by the Veterans' Review Board and the Administrative Appeals Tribunal. Breach of the provisions of this Act can lead to civil and criminal consequences. However, the Explanatory Statement does not provide specific details about the offences, penalties, or other consequences for breach. It is important to note that the Act 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. This means that the Act does not derogate from any human rights, and it promotes a number of human rights, including the right to social security, the right to an adequate standard of living, and the right to the enjoyment of the highest attainable standard of physical and mental health.

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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.