Amendment Statement of Principles concerning malignant neoplasm of the pancreas No. 51 of 2018

Administered by Department of Veterans' Affairs

Legislation au F2018L00565 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

MALIGNANT NEOPLASM OF THE PANCREAS

NO. 51 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 pancreas No. 51 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 malignant neoplasm of the pancreas No. 51 of 2018.

This Instrument amends Statement of Principles concerning malignant neoplasm of the pancreas No. 73 of 2013 (Federal Register of Legislation No. F2013L01891) by replacing the existing factor "(e)" in clause 6 concerning 'inhaling, ingesting or having cutaneous contact with DDT'.

Day of Commencement

3.             This Instrument also specifies a day of commencement for the amendment in accordance with subsection 12(3) of the Legislation Act 2003.

Consultation

4.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to malignant neoplasm of the pancreas in the Government Notices Gazette of 9 January 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.  No submissions were received for consideration by the Authority during the investigation.

Human Rights

5.             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

6.             The determining of this Instrument finalises the investigation in relation to malignant neoplasm of the pancreas as advertised in the Government Notices Gazette of 9 January 2018.

References

7.             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. 51 of 2018

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

 

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 pancreas;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes a revised factor 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 pancreas with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 73 of 2013; and
  • reflects developments in the available sound medical-scientific evidence concerning malignant neoplasm of the pancreas 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 amended in 2018 through the Amendment Statement of Principles concerning malignant neoplasm of the pancreas No. 51 of 2018. This amendment was introduced to address the evolving medical-scientific understanding of the connection between malignant neoplasm of the pancreas and military service. The Repatriation Medical Authority, under subsections 196B(2) and (8) of the VEA, determined this amendment to reflect the latest evidence and improve the quality of medico-scientific outcomes under the VEA and the MRCA. The policy objective of this amendment is to facilitate claims and assessments by specifying the circumstances under which medical treatment and compensation can be extended to eligible persons with malignant neoplasm of the pancreas, thereby promoting the human rights of veterans and their dependents. The amendment revises the factors that must exist to raise a reasonable hypothesis linking the disease with military service, updating the 2013 Instrument No. 73 to reflect new medical-scientific evidence. This change ensures that the qualifying conditions for benefits remain reasonable, proportionate, and transparent, promoting social security and the right to an adequate standard of living. Additionally, it supports the right to the highest attainable standard of physical and mental health by facilitating the assessment and determination of compensation and benefits.

Scope and Application

The Amendment Statement of Principles concerning malignant neoplasm of the pancreas No. 51 of 2018 applies to veterans, current and former Defence Force members, and their dependents, as it pertains to claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The amendment specifically addresses the conditions under which medical treatment and compensation can be extended to eligible individuals diagnosed with malignant neoplasm of the pancreas. This legislative instrument replaces an existing factor in the Statement of Principles concerning malignant neoplasm of the pancreas No. 73 of 2013, reflecting updated sound medical-scientific evidence. The amendment aims to facilitate the assessment and review of claims, ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. The instrument, which is assessed as a technical one, enhances the medico-scientific quality of outcomes under the VEA and the MRCA. The amendment does not derogate from any human rights and is compatible with various international human rights instruments, promoting the rights of veterans, current and former Defence Force members, and their dependents. This instrument is subject to the Commonwealth jurisdiction and extends its application to those who meet the eligibility criteria under the VEA and the MRCA. The amendment does not specify any exclusions, exemptions, or thresholds beyond the scope of the legislative framework it operates within. While the instrument itself does not extend or restrict application through subordinate instruments, related regulations or guidelines may further elaborate on the practical implementation of the amendment. This legislative instrument finalises the investigation concerning malignant neoplasm of the pancreas, which was advertised in the Government Notices Gazette on 9 January 2018.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning malignant neoplasm of the pancreas No. 51 of 2018 involve replacing the existing factor "(e)" in clause 6 concerning 'inhaling, ingesting or having cutaneous contact with DDT' in the Statement of Principles concerning malignant neoplasm of the pancreas No. 73 of 2013. This amendment is made under the authority of subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The amendment reflects updated sound medical-scientific evidence regarding malignant neoplasm of the pancreas and facilitates the assessment and review of claims related to this condition under the VEA and the MRCA. The obligations imposed by this legislation primarily concern the Repatriation Medical Authority (the Authority) and the Repatriation Commission. The Authority must determine amendments to the Statement of Principles based on available sound medical-scientific evidence and must consult with relevant stakeholders, including veterans' organisations, service personnel, and experts in the field, as per section 196E of the VEA. The Repatriation Commission is responsible for assessing claims made by eligible veterans and service personnel based on the updated principles. The Veterans' Review Board and the Administrative Appeals Tribunal are also tasked with reviewing decisions made by the Repatriation Commission. The legislation does not explicitly outline specific offences, penalties, or consequences for breach. However, any failure by the Authority or the Repatriation Commission to adhere to the legislative requirements or to base decisions on sound medical-scientific evidence could result in administrative and judicial review processes. The Authority is mandated to ensure compatibility with human rights, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2006, and any non-compliance could lead to scrutiny and potential legal challenges. The compatibility statement affirms that the legislative instrument does not derogate from any human rights and promotes several rights, including the right to social security and the right to health.

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Veterans' Law
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Human Rights Law
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Malignant neoplasm of the pancreas

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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.