Amendment Statement of Principles concerning lumbar spondylosis No. 68 of 2018

Administered by Department of Veterans' Affairs

Legislation au F2018L00857 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

LUMBAR SPONDYLOSIS

NO. 68 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. 68 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 lumbar spondylosis No. 68 of 2018.

3.             This Instrument amends Statement of Principles concerning lumbar spondylosis Instrument No. 63 of 2014 (Federal Register of Legislation No. F2014L00930) by:

  • replacing the existing factors "(i)" and "(x)" in clause 6 concerning 'lifting loads'; and
  • replacing the existing factors "(j)" and "(y)" 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. 68 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 exist before it can be said that, on the balance of probabilities, lumbar spondylosis is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 63 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. 68 of 2018, enacted in 2018, amends the Statement of Principles concerning lumbar spondylosis Instrument No. 63 of 2014. This amendment was introduced to reflect developments in the available sound medical-scientific evidence concerning lumbar spondylosis that have occurred since the earlier instrument was determined. The objective of this legislative instrument is to facilitate claimants in making, and the Repatriation Commission in assessing, claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have lumbar spondylosis. The instrument is determined by the Repatriation Medical Authority, under the authority granted by the Veterans' Entitlements Act 1986, and aims to improve the medico-scientific quality of outcomes under the VEA and the MRCA. The instrument promotes various human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, while ensuring that these rights are exercised without discrimination. It is compatible with human rights as it does not derogate from and promotes a number of human rights, ensuring that veterans, current and former Defence Force members, and their dependents are treated fairly and with dignity.

Scope and Application

The Amendment Statement of Principles concerning lumbar spondylosis No. 68 of 2018 amends the Statement of Principles concerning lumbar spondylosis Instrument No. 63 of 2014, thereby facilitating claimants in making, and the Repatriation Commission in assessing, claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument applies to eligible veterans, current and former Defence Force members, and other persons such as their dependents who are affected by lumbar spondylosis, a condition linked to their service. The legislation reflects developments in the available sound medical-scientific evidence concerning lumbar spondylosis that have occurred since the previous instrument was determined, improving the medico-scientific quality of outcomes under the relevant Acts. The amendment replaces certain factors in clause 6 concerning 'lifting loads' and 'carrying loads' to align with the latest medical-scientific evidence. The instrument is compatible with the human rights and freedoms recognised or declared in the international instruments, promoting 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. The authority to extend or restrict application of this Act through subordinate instruments remains within the legislative framework established by the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.

Key Provisions

The Amendment Statement of Principles concerning lumbar spondylosis No. 68 of 2018 (the Instrument) amends the existing Statement of Principles concerning lumbar spondylosis Instrument No. 63 of 2014 (the 2014 Instrument) by replacing the existing factors in clause 6 that pertain to 'lifting loads' and 'carrying loads'. These amendments are intended to reflect the latest sound medical-scientific evidence regarding lumbar spondylosis, thereby facilitating the process of claimants making claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), and the Repatriation Commission assessing these claims. The changes also aim to ensure that the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal is conducted with up-to-date evidence in mind. The Instrument imposes specific obligations on parties involved in the assessment and review of claims related to lumbar spondylosis. For instance, it mandates the Repatriation Commission to consider the revised factors outlined in the Instrument when assessing claims. Furthermore, it requires the Veterans' Review Board and the Administrative Appeals Tribunal to review decisions made by the Repatriation Commission in light of the updated evidence and factors provided by the Instrument. These obligations are designed to ensure that claims are assessed and reviewed fairly and accurately, in line with the most current medical-scientific understanding. Breaching the requirements of the Instrument could lead to various consequences. While the Instrument itself does not explicitly outline specific offences or penalties, non-compliance with the amended factors in claims assessments could result in legal challenges or appeals. Parties may contest decisions made by the Repatriation Commission, the Veterans' Review Board, or the Administrative Appeals Tribunal if they believe that the decisions were not made in accordance with the updated evidence and factors stipulated by the Instrument. Additionally, the failure to adhere to the revised factors could potentially undermine the integrity of the compensation and rehabilitation processes for veterans and Defence Force members, thereby impacting their right to social security and health benefits. The Instrument also addresses the compatibility with human rights, stating that it promotes various human rights, including the right to social security, the right to an adequate standard of living, and the right to the highest attainable standard of physical and mental health. It ensures that these rights are exercised without discrimination. The compatibility statement underscores the importance of these rights in the context of the legislative instrument, reaffirming the commitment to uphold these rights while providing appropriate compensation and rehabilitation for veterans and Defence Force members with lumbar spondylosis.

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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.