Amendment Statement of Principles concerning non-Hodgkin lymphoma (Balance of Probabilities) (No. 76 of 2021)

Administered by Department of Veterans' Affairs

Legislation au F2021L00612 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

NON-HODGKIN LYMPHOMA

(BALANCE OF PROBABILITIES) (NO. 76 OF 2021)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning non-Hodgkin lymphoma (Balance of Probabilities) (No. 76 of 2021).

Background

2.             The Repatriation Medical Authority (the Authority) has determined, under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986 (the VEA), Amendment Statement of Principles concerning non-Hodgkin lymphoma (Balance of Probabilities) (No. 76 of 2021).

3.             This Instrument amends Statement of Principles concerning non-Hodgkin lymphoma (Balance of Probabilities) (No. 91 of 2018) (Federal Register of Legislation No. F2018L01490) by:

  • replacing the existing factor in subsection 9(9) concerning 'having infection with Epstein-Barr virus'.

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 non-Hodgkin lymphoma in the Government Notices Gazette of 9 March 2021, 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 non-Hodgkin lymphoma as advertised in the Government Notices Gazette of 9 March 2021.

References

8.             A list of references relating to the above condition is available on the Authority’s website at: www.rma.gov.au. Any other document referred to in this Statement of Principles is available on request to the Repatriation Medical Authority at the following address:

              

Email:    info@rma.gov.au

Post:      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 2021

Kind of Injury, Disease or Death: Non-Hodgkin lymphoma

 

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:-

  • facilitates claimants in making, and the Repatriation Commission and the Military Rehabilitation and Compensation 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 non-Hodgkin lymphoma;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • replaces an existing factor which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, non-Hodgkin lymphoma is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 91 of 2018; and
  • reflects developments in the available sound medical-scientific evidence concerning non-Hodgkin lymphoma 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, ICESCR; 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, ICESCR 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 non-Hodgkin lymphoma (Balance of Probabilities) (No. 76 of 2021) was enacted to refine the criteria for non-Hodgkin lymphoma under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addressing the evolving understanding of the disease's connections to service. This legislative instrument was determined by the Repatriation Medical Authority under the authority conferred by the Veterans' Entitlements Act 1986, aiming to facilitate more accurate assessments and claims processing for veterans and service personnel affected by non-Hodgkin lymphoma. The policy objective is to ensure that the criteria for compensation and medical treatment reflect the latest medical-scientific evidence, thereby promoting fairness and accessibility in the entitlements process for affected individuals. This instrument was developed following a public consultation process, with an invitation for submissions from relevant stakeholders, though no submissions were received. It is compatible with human rights as it does not infringe upon any rights and promotes several rights, including the right to social security, an adequate standard of living, and health, without discrimination. The instrument finalises an investigation into the disease, ensuring that the legislative framework remains current with medical-scientific advancements.

Scope and Application

This Amendment Statement of Principles, numbered 76 of 2021, pertains to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It specifically amends the Statement of Principles concerning non-Hodgkin lymphoma (Balance of Probabilities) (No. 91 of 2018), addressing the connection between the disease and service circumstances by modifying the existing factor related to Epstein-Barr virus infection. The amendment facilitates the process for claimants, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission in assessing claims, and supports the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. The changes reflect updated medical-scientific evidence and are intended to enhance the quality of outcomes under the mentioned Acts. The legislative instrument is designed to be a technical amendment, ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting the human rights of veterans and their dependents. This includes rights to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, without discrimination. The Instrument is compatible with human rights as it does not derogate from them but rather promotes their exercise. The Amendment applies nationally across Australia, as it pertains to federal acts and is determined under the authority of the Repatriation Medical Authority. The amendment replaces an existing factor concerning non-Hodgkin lymphoma and Epstein-Barr virus infection, thereby ensuring that the qualifying conditions for benefits are 'reasonable, proportionate, and transparent'. The Instrument reflects the latest medical-scientific evidence and is aimed at improving the accuracy and fairness of claims and assessments under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. No submissions were received during the consultation period, indicating a clear and direct approach to the amendment based on available evidence. The Legislative Instrument does not impose any exclusions or exemptions but focuses on aligning the legislative framework with contemporary medical understanding.

Key Provisions

The primary sections of the Amendment Statement of Principles concerning non-Hodgkin lymphoma (Balance of Probabilities) (No. 76 of 2021) (the Instrument) amend the Statement of Principles concerning non-Hodgkin lymphoma (Balance of Probabilities) (No. 91 of 2018) by replacing the existing factor in subsection 9(9) that concerns 'having infection with Epstein-Barr virus' (subsection 9(9)). This amendment is intended to reflect current sound medical-scientific evidence and to facilitate the process of making, assessing, and reviewing claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) for veterans and Defence Force members who have non-Hodgkin lymphoma (subsection 2). The Instrument specifies a commencement date in accordance with the Legislation Act 2003 (subsection 12(3)). The obligations imposed by the Instrument on the parties and entities it governs include the requirement for the Repatriation Medical Authority (the Authority) to ensure that the determination of the Instrument is compatible with human rights, as recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (subsection 6). The Authority must also facilitate the process of claimants making claims and the Repatriation Commission and the Military Rehabilitation and Compensation Commission assessing those claims by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have non-Hodgkin lymphoma (subsection 2). Additionally, the Authority is required to ensure that the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal is facilitated (subsection 2). There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of the Instrument. However, the compatibility of the Instrument with human rights, as stated in the Statement of Compatibility with Human Rights, suggests that any actions or decisions made under the authority of this Instrument must not derogate from human rights and must promote the rights of veterans, current and former Defence Force members, and their dependents. The Instrument promotes rights such as the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, ensuring that these rights are exercised without discrimination (subsection 4). The Instrument finalises the investigation into non-Hodgkin lymphoma as advertised in the Government Notices Gazette of 9 March 2021 (subsection 7).

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Area of Law
Veterans' Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Rights & Protections
Catchwords
Veterans' Entitlements Act 1986
Military Rehabilitation and Compensation Act 2004

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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.