Amendment Statement of Principles concerning morbid obesity No. 76 of 2019

Administered by Department of Veterans' Affairs

Legislation au F2019L00881 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

MORBID OBESITY

NO. 76 OF 2019

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning morbid obesity No. 76 of 2019.

Background

2.             The Repatriation Medical Authority (the Authority) has determined, under subsections 196B(8) of the Veterans' Entitlements Act 1986 (the VEA) Amendment Statement of Principles concerning morbid obesity No. 76 of 2019.

3.             This Instrument amends Statement of Principles concerning morbid obesity No. 6 of 2014) (Federal Register of Legislation No. F2014L00022) by:

  • replacing the definition of 'morbid obesity' in clause 3(b); and
  • revising the existing definition of 'BMI' in clause 9.

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.

Incorporation

5.             This Instrument incorporates at paragraph 3(b) a reference to the 2007 World Health Organisation Body Mass Index Charts, for Age and Gender. Those charts are set out in the National Health and Medical Research Council (2013) Clinical Practice Guidelines for the Management of Overweight and Obesity in Adults, Adolescents and Children in Australia, Melbourne, at pages 110 and 111. A copy of this publication is available from the offices of the Repatriation Medical Authority, Level 8, 259 Queen St, Brisbane, Queensland 4000, by contacting the Registrar on telephone (07) 3815 9404.

Consultation

6.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to morbid obesity in the Government Notices Gazette of 12 March 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 during the investigation.

Human Rights

7.             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

8.             The determining of this Instrument finalises the investigation in relation to morbid obesity as advertised in the Government Notices Gazette of 12 March 2019.

References

9.             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. 76 of 2019

Kind of Injury, Disease or Death: Morbid obesity

 

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(3) 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:-

  • amends Instrument No. 6 of 2014;
  • 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 morbid obesity and in particular, includes a revised definition which removes the requirement for the claimant to be morbidly obese at the date of claim; and
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal.

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 morbid obesity No. 76 of 2019 amends the Statement of Principles concerning morbid obesity No. 6 of 2014 under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This amendment was determined by the Repatriation Medical Authority (the Authority) and is intended to improve the medico-scientific quality of outcomes for claimants under the VEA and the MRCA, particularly concerning morbid obesity. The amendment modifies the definition of 'morbid obesity' and revises the existing definition of 'BMI', incorporating references to the 2007 World Health Organisation Body Mass Index Charts for Age and Gender. This change is designed to facilitate the assessment and determination of claims related to morbid obesity, ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting the right to social security and an adequate standard of living. The Authority consulted widely with relevant organisations and stakeholders but did not receive submissions during the investigation. The Legislative Instrument ensures compatibility with human rights, as it does not derogate from and promotes several human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. This amendment finalises the investigation into morbid obesity as advertised in the Government Notices Gazette on 12 March 2019.

Scope and Application

The Amendment Statement of Principles concerning morbid obesity No. 76 of 2019 amends the existing Statement of Principles concerning morbid obesity No. 6 of 2014, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This amendment applies to individuals who are veterans or current and former Defence Force members, focusing on those with morbid obesity. The amendment modifies the definition of 'morbid obesity' and 'BMI' to better align with current medical standards, incorporating the 2007 World Health Organisation Body Mass Index Charts. This legislative instrument is designed to facilitate the process of making claims and assessing the eligibility of veterans and Defence Force members for medical treatment and compensation related to morbid obesity, thereby ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. The amendment does not extend to any other conditions or diseases beyond those specified, and it incorporates a reference to the aforementioned WHO charts to standardise BMI measurements. The Act applies to the Commonwealth jurisdiction and is compatible with human rights as it does not derogate from any human rights and promotes several rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

Key Provisions

The Amendment Statement of Principles concerning morbid obesity No. 76 of 2019 amends the existing Statement of Principles concerning morbid obesity No. 6 of 2014, which was previously established under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Specifically, this amendment modifies the definition of 'morbid obesity' in clause 3(b) and revises the existing definition of 'BMI' in clause 9 (sections 3 and 9). It also incorporates a reference to the 2007 World Health Organisation Body Mass Index Charts, for Age and Gender, which are detailed in the National Health and Medical Research Council's (2013) Clinical Practice Guidelines for the Management of Overweight and Obesity in Adults, Adolescents and Children in Australia. This amendment aims to facilitate the assessment and determination of claims related to morbid obesity under the VEA and the MRCA, ensuring that claimants and the Repatriation Commission have clear guidelines for evaluating such claims. The parties governed by this Act, primarily veterans and current or former Defence Force members, must now adhere to the updated definitions and criteria for morbid obesity and BMI as set out in the amended Statement of Principles. These definitions are crucial for determining eligibility for medical treatment and compensation related to morbid obesity. The Repatriation Medical Authority, which is responsible for making these determinations, must follow the revised guidelines when assessing claims. This ensures that all parties involved in the claims process understand the criteria and can apply them consistently. Breach of the provisions outlined in this Amendment Statement of Principles can lead to various consequences. While specific offences and penalties are not explicitly detailed in the explanatory statement, any failure to comply with the new definitions and criteria for morbid obesity could result in the denial of claims for medical treatment and compensation. This could have significant implications for veterans and Defence Force members who rely on these benefits. Additionally, any actions taken by the Repatriation Medical Authority that do not adhere to the updated principles could be subject to review and potential overturning by the Veterans' Review Board and the Administrative Appeals Tribunal. The Repatriation Medical Authority is responsible for ensuring that all claims and determinations are made in accordance with the amended Statement of Principles. Failure to do so could result in legal challenges and the potential for claims to be overturned on the grounds of non-compliance with the legislative requirements. This underscores the importance of adhering to the updated definitions and criteria when assessing claims related to morbid obesity.

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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.