Amendment Statement of Principles concerning malignant neoplasm of the eye (Reasonable Hypothesis) (No. 19 of 2020)

Administered by Department of Veterans' Affairs

Legislation au F2020L00198 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

MALIGNANT NEOPLASM OF THE EYE

(REASONABLE HYPOTHESIS) (NO. 19 OF 2020)

 

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 eye (Reasonable Hypothesis) (No. 19 of 2020).

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 malignant neoplasm of the eye (Reasonable Hypothesis) (No. 19 of 2020).

3.             This Instrument amends Statement of Principles concerning malignant neoplasm of the eye (Reasonable Hypothesis) (No. 27 of 2018) (Federal Register of Legislation No. F2018L00196) by:

  • replacing the existing factor in subsection 9(4) concerning being treated with an immunosuppressive drug; and
  • replacing the existing definition of 'immunosuppressive drug' in Schedule 1 – Dictionary.

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 eye in the Government Notices Gazette of 29 October 2019, 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, the Military Rehabilitation and Compensation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field.  No submissions were received for consideration by the Authority in relation to 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 eye as advertised in the Government Notices Gazette of 29 October 2019.

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. 19 of 2020

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

 

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(2) 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 connecting 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 eye;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes a revised factor and a revised definition 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 malignant neoplasm of the eye with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 27 of 2018; and
  • reflects developments in the available sound medical-scientific evidence concerning malignant neoplasm of the eye 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 malignant neoplasm of the eye (Reasonable Hypothesis) (No. 19 of 2020) was enacted to address a gap in the available sound medical-scientific evidence concerning the connection between malignant neoplasm of the eye and military service. This amendment was introduced by the Repatriation Medical Authority under the provisions of the Veterans' Entitlements Act 1986. The primary policy objective is to facilitate claimants in making and 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. This legislative instrument reflects the most recent medical-scientific evidence and amends the previous Statement of Principles concerning malignant neoplasm of the eye (Reasonable Hypothesis) (No. 27 of 2018). The Authority ensured that the instrument is compatible with human rights and freedoms, promoting the 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

The Amendment Statement of Principles concerning malignant neoplasm of the eye (Reasonable Hypothesis) (No. 19 of 2020) applies to veterans and current or former Defence Force members who have developed a malignant neoplasm of the eye and are seeking benefits or compensation under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004. The amendment revises the criteria for establishing a connection between such a condition and the service rendered by the individual, reflecting updated medical-scientific evidence. It replaces the existing factor concerning treatment with an immunosuppressive drug and revises the definition of 'immunosuppressive drug'. This instrument is part of the Commonwealth's legislative framework and operates across Australia, impacting individuals who are eligible for benefits or compensation due to their service. The amendment ensures that the criteria for such benefits are consistent with the latest medical understanding, thereby improving the quality of medico-scientific outcomes under the relevant Acts. The instrument is compatible with human rights, promoting various rights such as the right to social security, adequate standard of living, and the highest attainable standard of physical and mental health. It ensures that these rights are exercised without discrimination, aligning with the principles of the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities.

Key Provisions

The main provisions of the Amendment Statement of Principles concerning malignant neoplasm of the eye (Reasonable Hypothesis) (No. 19 of 2020) are outlined in section 2, which amends the existing Statement of Principles concerning malignant neoplasm of the eye (Reasonable Hypothesis) (No. 27 of 2018). The amendment specifically replaces the existing factor in subsection 9(4) regarding treatment with an immunosuppressive drug and updates the definition of 'immunosuppressive drug' in Schedule 1 – Dictionary. This change aims to ensure that the principles governing the connection between malignant neoplasm of the eye and service are based on the most current medical-scientific evidence. The Act imposes several obligations on the parties and entities it governs. Firstly, the Repatriation Medical Authority (the Authority) must determine the Statement of Principles in accordance with the relevant provisions of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This determination process involves considering the available sound medical-scientific evidence. Secondly, the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and other relevant entities must use the amended principles when assessing claims and providing compensation. The Authority also has a responsibility to facilitate claimants in making their claims and to ensure that the review processes are conducted fairly and transparently. The legislation also outlines several potential consequences for non-compliance or breaches. Although the text does not specify particular offences or penalties, it is clear that failure to adhere to the amended Statement of Principles could lead to invalid claims or improper denial of benefits. Claimants who do not meet the criteria set out in the amended principles may not be eligible for the compensation and medical treatment they seek. Additionally, the authorities involved in the assessment and review processes must ensure that their actions are consistent with the updated principles to avoid any legal challenges or disputes. The precise civil or criminal consequences for non-compliance are not explicitly stated in the provided text, but they may include legal actions for improper denial of benefits or compensation. The Repatriation Medical Authority must ensure that the amended principles are compatible with human rights, as outlined in the Statement of Compatibility with Human Rights. This compatibility is crucial for upholding 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. By facilitating the assessment and determination of benefits, the amended principles promote these human rights without derogating from any international human rights standards.

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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.