Overview

The Amendment Statement of Principles concerning malignant neoplasm of the eye (Balance of Probabilities) (No. 20 of 2020) is an instrument determined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), aimed at improving the medico-scientific quality of outcomes for veterans and Defence Force members with malignant neoplasm of the eye. The Repatriation Medical Authority has updated the existing Statement of Principles to reflect recent developments in medical-scientific evidence, thereby facilitating the assessment and determination of claims under the VEA and MRCA. This amendment replaces the existing factor concerning immunosuppressive drug treatment and revises the definition of 'immunosuppressive drug' to align with current evidence. The policy objective is to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting the human rights of veterans and their dependants, including their right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. This Legislative Instrument is compatible with human rights and does not derogate from any human rights. The instrument was finalised following an investigation into malignant neoplasm of the eye, which was advertised in the Government Notices Gazette on 29 October 2019. Although no submissions were received, the instrument is consistent with the human rights and freedoms recognised in international instruments, promoting the rights of veterans, current and former Defence Force members, and their dependents without discrimination. This Legislative Instrument is a technical amendment that improves the medico-scientific quality of outcomes under the VEA and MRCA, ensuring that the assessment and determination of claims are based on the most current and sound medical-scientific evidence.

Scope and Application

The Amendment Statement of Principles concerning Malignant Neoplasm of the Eye (Balance of Probabilities) (No. 20 of 2020) applies to the provisions of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) by amending the existing Statement of Principles concerning malignant neoplasm of the eye (Balance of Probabilities) (No. 28 of 2018). This amendment facilitates the assessment of claims and the review of decisions by the Repatriation Commission, Veterans' Review Board, and the Administrative Appeals Tribunal, particularly concerning the connection between malignant neoplasm of the eye and service circumstances. The amendment also reflects recent developments in medical-scientific evidence concerning malignant neoplasm of the eye, enhancing the medico-scientific quality of outcomes under the VEA and MRCA. It applies to individuals who have served in the Australian Defence Force and who may be eligible for benefits and compensation related to their service-connected malignant neoplasm of the eye. The geographic reach of this amendment is national, impacting veterans and service personnel across Australia. The amendment does not specify any exclusions, exemptions, or thresholds but rather revises existing factors and definitions to align with current sound medical-scientific evidence. It 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. The amendment promotes the human rights of veterans, current and former Defence Force members, and their dependents by ensuring reasonable, proportionate, and transparent qualifying conditions for benefits, facilitating the assessment and determination of social security and health benefits, and upholding the rights of persons with disabilities without discrimination.

Key Provisions

The main operative sections of this legislative instrument include the replacement of the existing factor in subsection 9(4) concerning being treated with an immunosuppressive drug, and the replacement of the existing definition of 'immunosuppressive drug' in Schedule 1 – Dictionary (sections 3 and 4). This instrument amends Statement of Principles concerning malignant neoplasm of the eye (Balance of Probabilities) (No. 28 of 2018) to reflect developments in the available sound medical-scientific evidence concerning malignant neoplasm of the eye, which have occurred since the earlier instrument was determined. This change facilitates 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). The new instrument includes a revised factor and a revised definition that the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, malignant neoplasm of the eye is connected with the circumstances of eligible service rendered by a person. The obligations imposed by this legislative instrument on the parties or entities it governs include the requirement for claimants to provide evidence that meets the revised criteria set out in the amended Statement of Principles. The Repatriation Commission must assess claims under the VEA and the MRCA in accordance with the revised criteria, ensuring that the assessment is based on the available sound medical-scientific evidence. The Veterans' Review Board and the Administrative Appeals Tribunal must also review such decisions in accordance with the revised criteria. Furthermore, the Repatriation Medical Authority must ensure that the instrument is compatible with human rights as it does not derogate from and 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. There are no specific offences, penalties, or civil/criminal consequences for breach outlined in this legislative instrument. However, failure to comply with the requirements of the instrument may result in the denial of claims for compensation and benefits under the VEA and the MRCA. Additionally, the Repatriation Commission, the Veterans' Review Board, and the Administrative Appeals Tribunal may face challenges in the review of decisions if they do not adhere to the revised criteria set out in the amended Statement of Principles. The Repatriation Medical Authority is responsible for ensuring that the instrument is compatible with human rights, and any failure to do so may result in legal challenges or scrutiny from relevant authorities. This legislative instrument is assessed as being a technical instrument which improves the medico-scientific quality of outcomes under the VEA and the MRCA. It does not derogate from any human rights and 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, the right to an adequate standard of living, and the right to the enjoyment of the highest attainable standard of physical and mental health. The 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.