Amendment Statement of Principles concerning motor neurone disease No. 99 of 2018

Administered by Department of Veterans' Affairs

Legislation au F2018L01503 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

MOTOR NEURONE DISEASE

NO. 99 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 motor neurone disease No. 99 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 motor neurone disease No. 99 of 2018.

3.             This Instrument amends Statement of Principles concerning motor neurone disease No. 67 of 2013 (Federal Register of Legislation No. F2018C00590) by correcting a cross reference to another factor in the Statement of Principles.  The error occurs in paragraph 7 which contains an incorrect cross-reference to "paragraph 6(d)" when "paragraph 6(b)" was intended.  The error is plain on the face of the Instrument as there is no "paragraph 6(d)" in it.  It is however necessary to correct this error as the rights of claimants may be affected so as to disadvantage them.

4.             The error arose as the amendment to paragraph 7 should have been included as part of  Amendment Statement of Principles concerning motor neurone disease No. 88 of 2018.  That Instrument repealed the then existing factors numbered 6(b) and 6(c) and it was then necessary to adjust the cross-reference in paragraph 7.  

Day of Commencement

5.             In accordance with subsections 12(1A) and 12(2) of the Legislation Act 2003 the date of commencement will be 21 June 2018, the date of commencement of Amendment Statement of Principles concerning motor neurone disease No. 88 of 2018 which was the Amending Instrument originally containing the incorrect cross-reference.

6.             This earlier commencement date is necessary to ensure that the error in that earlier Instrument does not disadvantage claimants.

Consultation

7.             No consultation was undertaken by the Authority prior to determining this Instrument as it is solely necessary to correct an error that has resulted from an omission in the former Amendment Statement of Principles concerning motor neurone disease No. 88 of 2018.  

Human Rights

8.             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.

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. 99 of 2018

Kind of Injury, Disease or Death: Motor neurone disease

 

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 motor neurone disease;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • corrects an  error involving a cross-reference to a factor in the Statement of Principles;
  • amends Instrument No. 67 of 2013 (Federal Register of Legislation No. F2018C00590) to correct that error; and  

3. is assessed as being necessary to prevent unintended disadvantage to claimants under the VEA and the MRCA from that error. 

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 motor neurone disease No. 99 of 2018, enacted in 2018, addresses a specific error in the previously established Statement of Principles concerning motor neurone disease No. 67 of 2013. This legislative amendment was determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004. The primary objective of this amendment is to rectify a cross-reference error in paragraph 7 of the earlier Statement of Principles, where "paragraph 6(d)" was incorrectly referenced instead of "paragraph 6(b)". This correction is essential to ensure that claimants are not disadvantaged due to the error, facilitating the proper assessment and review of claims for compensation and medical treatment related to motor neurone disease. The commencement of this amendment aligns with the original error's introduction date, ensuring timely and effective rectification. The legislative instrument is also compatible with human rights, promoting the rights of veterans, current and former Defence Force members, and their dependents, including social security, adequate living standards, and health benefits.

Scope and Application

The Amendment Statement of Principles concerning motor neurone disease No. 99 of 2018 amends the Statement of Principles concerning motor neurone disease No. 67 of 2013, and it applies to the assessment and compensation of veterans and Defence Force members who have motor neurone disease. This legislative instrument is determined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It aims to correct an error in the cross-reference to a factor in the Statement of Principles, which ensures that claimants are not disadvantaged due to the previous oversight. The amendment is necessary to facilitate claims and reviews by the Repatriation Commission, Veterans' Review Board, and the Administrative Appeals Tribunal. The legislative instrument promotes human rights by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, and it facilitates the assessment and determination of social security benefits and compensation for the treatment and rehabilitation of veterans and Defence Force members. This instrument has a national jurisdictional reach, applying across Australia, as it pertains to federal veterans' and military compensation legislation. There are no specific exclusions or exemptions outlined in this particular amendment, but the overall principles and conditions for compensation and benefits are subject to the criteria and provisions set out in the VEA and MRCA. The scope of this legislative instrument is limited to the correction of a specific error in the Statement of Principles, and it does not extend to other conditions or diseases.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning motor neurone disease No. 99 of 2018 (section 2) correct an error in the cross-reference to another factor within the Statement of Principles. Specifically, the amendment rectifies a misreference in paragraph 7 from "paragraph 6(d)" to "paragraph 6(b)". This correction is essential to ensure the accuracy of the legal instrument and to prevent any potential disadvantages to claimants due to the error. The Act imposes specific obligations on the parties and entities it governs, primarily ensuring that the Repatriation Medical Authority (the Authority) makes determinations under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) based on available sound medical-scientific evidence. This includes facilitating the assessment and determination of claims related to motor neurone disease, ensuring that the rights of veterans, current and former Defence Force members, and their dependents are upheld. The Authority must also ensure that any amendments or corrections made to the Statement of Principles are communicated effectively to all relevant parties to prevent any unintended disadvantages. Breach of the provisions set forth in this Amendment Statement of Principles could lead to civil or administrative consequences, particularly if claimants are disadvantaged due to errors in the legal documentation. While the specific legal text does not detail penalties, it is implied that maintaining the integrity and accuracy of the Statement of Principles is crucial. The Authority's role in ensuring these standards are met is critical to upholding the rights of claimants under the VEA and MRCA. Ensuring compliance with these provisions is essential for the proper administration of veterans' entitlements and compensation claims. The maximum penalties for breaches of the VEA and MRCA are not explicitly stated in the Amendment Statement of Principles; however, general provisions under these Acts may apply. Offences under these Acts can result in both civil and criminal penalties, depending on the nature and severity of the breach. For example, fraudulent claims or misrepresentation could lead to fines or imprisonment, as stipulated under the relevant sections of the VEA and MRCA. The Authority is tasked with enforcing these provisions to maintain the integrity of the claims process and ensure that benefits are awarded fairly and justly to those who meet the qualifying criteria.

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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.