Amendment Statement of Principles concerning malignant neoplasm of the breast No. 82 of 2018

Administered by Department of Veterans' Affairs

Legislation au F2018L01167 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

MALIGNANT NEOPLASM OF THE BREAST

NO. 82 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 malignant neoplasm of the breast No. 82 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 malignant neoplasm of the breast No. 82 of 2018.

3.             This Instrument amends Statement of Principles concerning malignant neoplasm of the breast No. 97 of 2014 (Federal Register of Legislation No. F2017C00765) by:

  • replacing factor "(d)" in clause 6 concerning 'inability to breast feed', for parous women only.

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 malignant neoplasm of the breast in the Government Notices Gazette of 13 March 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.  One submission was 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 malignant neoplasm of the breast as advertised in the Government Notices Gazette of 13 March 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. 82 of 2018

Kind of Injury, Disease or Death: Malignant neoplasm of the breast

 

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 malignant neoplasm of the breast;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes an amended factor which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, malignant neoplasm of the breast is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 97 of 2014; and
  • reflects developments in the available sound medical-scientific evidence concerning malignant neoplasm of the breast 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 Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) were enacted to provide various benefits and compensation to veterans and members of the Australian Defence Force. These Acts aimed to address the gap in support and recognition of the health issues and disabilities that service personnel may encounter due to their service. The Repatriation Medical Authority, established under these Acts, determines the Statement of Principles concerning specific injuries, diseases, or deaths, which are crucial for the assessment and approval of claims for compensation and benefits. The Amendment Statement of Principles concerning malignant neoplasm of the breast No. 82 of 2018 was introduced to update the existing principles regarding malignant neoplasm of the breast, reflecting the latest medical-scientific evidence. This amendment aims to facilitate the assessment and review of claims by specifying the circumstances under which compensation and medical treatment can be extended to eligible persons affected by this condition. The policy objective is to ensure that the benefits and compensation are provided in a manner that is reasonable, proportionate, and transparent, promoting the human rights of veterans, current and former Defence Force members, and their dependents, including their rights to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

Scope and Application

This Amendment Statement of Principles, No. 82 of 2018, amends the Statement of Principles concerning malignant neoplasm of the breast No. 97 of 2014, and applies to persons who have served in the Australian Defence Force and who are affected by malignant neoplasm of the breast. The amendment reflects the latest sound medical-scientific evidence and facilitates the assessment and determination of claims for benefits under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The instrument is applicable nationally and provides for the removal of a specific factor concerning the inability to breast feed, applicable only to parous women. The authority to extend or restrict the application of this instrument is provided under the relevant Acts, and any subordinate instruments would be determined in accordance with the legislative frameworks governing the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act. The amendment does not exclude any specific groups or conditions and is compatible with human rights as it promotes the rights of veterans and Defence Force members, including their right to social security and an adequate standard of living.

Key Provisions

The Amendment Statement of Principles concerning malignant neoplasm of the breast No. 82 of 2018 (the Instrument) amends Statement of Principles concerning malignant neoplasm of the breast No. 97 of 2014 (F2017C00765). Specifically, it replaces factor "(d)" in clause 6 concerning 'inability to breast feed' for parous women only. The Instrument was determined under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986 (VEA) 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. The Instrument finalises an investigation into malignant neoplasm of the breast which was advertised in the Government Notices Gazette of 13 March 2018. The Instrument imposes obligations on the Repatriation Medical Authority, the Repatriation Commission, the Veterans' Review Board, and the Administrative Appeals Tribunal to facilitate claims and reviews under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). It also imposes obligations on claimants to provide evidence and information in support of their claims. The Instrument requires these parties to consider the available sound medical-scientific evidence when assessing claims and making decisions. Breaches of the obligations imposed by the Instrument may result in civil or administrative penalties. For example, the Repatriation Commission may decline to pay compensation or medical treatment if a claimant fails to provide the required evidence or information. The Veterans' Review Board and the Administrative Appeals Tribunal may set aside or vary decisions made under the VEA or the MRCA if they are satisfied that there has been a breach of the Instrument or any other relevant legislation. The maximum penalties for breaches of the VEA or the MRCA are set out in the respective Acts. For example, section 196D of the VEA provides for a penalty of up to 2,000 penalty units ($340,000) for fraudulent claims or statements. Section 11 of the MRCA provides for a penalty of up to 10,000 penalty units ($1.7 million) for fraudulent claims or statements.

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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.