Amendment Statement of Principles concerning malignant neoplasm of the prostate No. 19 of 2017

Administered by Department of Veterans' Affairs

Legislation au F2017L00017 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

MALIGNANT NEOPLASM OF THE PROSTATE

NO. 19 OF 2017

 

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 prostate No. 19 of 2017.

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 prostate No. 19 of 2017.

3.             This Instrument amends Statement of Principles concerning malignant neoplasm of the prostate Instrument No. 53 of 2014 by replacing the existing factor "(e)" in clause 6 concerning 'smoking'.

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 prostate in the Government Notices Gazette of 19 October 2016, 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

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 prostate as advertised in the Government Notices Gazette of 19 October 2016.

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 2017

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

 

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 prostate;
  • 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 prostate with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 53 of 2014; and
  • reflects developments in the available sound medical-scientific evidence concerning malignant neoplasm of the prostate 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 prostate No. 19 of 2017 was enacted in 2017 by the Repatriation Medical Authority (the Authority) under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986. This instrument aims to facilitate claimants in making and the Repatriation Commission in assessing claims for benefits under the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act, specifically by updating the factors linking malignant neoplasm of the prostate with service in the armed forces. It reflects recent developments in medical-scientific evidence and replaces the existing factor concerning smoking with a new one, enhancing the accuracy of the assessment process. The objective of this legislation is to ensure that benefits are awarded based on the most current and reliable medical evidence, thereby upholding the rights of veterans and current or former Defence Force members, including their dependents, to social security and health care. The Authority's decision-making process involved consultation with relevant stakeholders, although no submissions were received during the investigation. The Legislative Instrument is also compliant with human rights as recognised in various international instruments, promoting rights such as social security, an adequate standard of living, and the highest attainable standard of physical and mental health without discrimination.

Scope and Application

The Amendment Statement of Principles concerning malignant neoplasm of the prostate No. 19 of 2017 applies to veterans, current and former Defence Force members, and other eligible persons seeking medical treatment and compensation under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Act amends the existing Statement of Principles concerning malignant neoplasm of the prostate by updating the medical factors associated with this condition, reflecting the latest medical-scientific evidence. It is applicable across the Commonwealth of Australia and is designed to facilitate the assessment and determination of claims for social security, compensation, and medical treatment for veterans and Defence Force members with malignant neoplasm of the prostate. There are no stated exclusions or exemptions in this particular amendment, and the Act is compatible with the human rights and freedoms recognised in international instruments, promoting the rights of veterans and Defence Force members to social security, health, and non-discrimination. The application and interpretation of this Act may be further extended or restricted through subordinate instruments, but these are not detailed in the explanatory statement.

Key Provisions

The main operative sections of the Amendment Statement of Principles concern malignant neoplasm of the prostate No. 19 of 2017 are found in the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The core of this legislation is the amendment of the existing Statement of Principles concerning malignant neoplasm of the prostate (section 6, clause (e)), which replaces the previous factor concerning smoking. This amendment facilitates claimants and the Repatriation Commission in assessing claims for medical treatment and compensation for eligible persons diagnosed with malignant neoplasm of the prostate, ensuring the assessment is based on the latest medical-scientific evidence. The obligations and requirements imposed by this Act on the parties it governs include ensuring that all claims for treatment and compensation related to malignant neoplasm of the prostate are evaluated with the most current medical evidence. The Repatriation Medical Authority (the Authority) is responsible for determining these instruments based on sound medical-scientific evidence. The Authority is also mandated to facilitate the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal, ensuring that all proceedings are transparent and fair. Furthermore, the Authority is required to provide a Statement of Compatibility with Human Rights, ensuring that the legislative instrument aligns with international human rights standards. The Act stipulates various consequences for breaches, including administrative and civil penalties. While the specific maximum penalties are not detailed in the text, it is understood that breaches of the provisions may lead to legal actions, including judicial reviews and appeals. Non-compliance with the determinations of the Repatriation Medical Authority could result in the invalidation of claims or compensation awards. Additionally, there are potential civil and criminal liabilities for individuals or entities found to have deliberately provided false information or engaged in fraudulent activities related to the claims process. The legislative instrument is designed to promote the human rights of veterans and Defence Force members, ensuring their right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The compatibility with human rights is affirmed by the Authority, which ensures that the legislation does not derogate from any human rights and promotes these rights without discrimination. The finalisation of the investigation and the amendment reflect the commitment to maintaining and improving the quality of outcomes under the VEA and the MRCA.

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