EXPLANATORY STATEMENT
AMENDMENT Statement of Principles concerning
NON-HODGKIN LYMPHOMA
(REASONABLE HYPOTHESIS) (NO. 75 OF 2021)
VETERANS' ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
- This is the Explanatory Statement to the Amendment Statement of Principles concerning non-Hodgkin lymphoma (Reasonable Hypothesis) (No. 75 of 2021).
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 non-Hodgkin lymphoma (Reasonable Hypothesis) (No. 75 of 2021).
3. This Instrument amends Statement of Principles concerning non-Hodgkin lymphoma (Reasonable Hypothesis) (No. 90 of 2018) (Federal Register of Legislation No. F2018L01489) by:
- revising the existing factor in subsection 9(8) 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. 75 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(2) 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;
- revises an existing 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 non-Hodgkin lymphoma with the circumstances of eligible service rendered by a person;
- amends Instrument No. 90 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 (Reasonable Hypothesis) (No. 75 of 2021) was enacted by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This amendment addresses the evolving understanding of the connection between non-Hodgkin lymphoma and service circumstances, particularly in relation to the factor of infection with the Epstein-Barr virus. The legislative instrument aims to improve the medico-scientific quality of outcomes under the VEA and MRCA, ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby facilitating the assessment and determination of social security benefits and compensation for veterans and Defence Force members. It aligns with international human rights standards by promoting the rights to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. This amendment also reflects recent developments in medical-scientific evidence concerning non-Hodgkin lymphoma, enhancing the accuracy and fairness of the compensation process for eligible claimants.
This legislative instrument does not derogate from any human rights, instead promoting the rights of veterans, current and former Defence Force members, and their dependents by facilitating the assessment and determination of claims in a manner that ensures accessibility and non-discrimination. It reflects the commitment to upholding human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, as recognised in international instruments such as the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities.
Scope and Application
The Amendment Statement of Principles concerning non-Hodgkin lymphoma (Reasonable Hypothesis) (No. 75 of 2021) is determined under the Veterans' Entitlements Act 1986 and applies to veterans and current or former Defence Force members who have developed non-Hodgkin lymphoma. This legislative instrument amends the existing Statement of Principles concerning non-Hodgkin lymphoma (Reasonable Hypothesis) (No. 90 of 2018) by revising the existing factor concerning infection with Epstein-Barr virus. It aims to facilitate the assessment and determination of claims for social security benefits and compensation by the Repatriation Commission and the Military Rehabilitation and Compensation Commission, and ensures that the process is aligned with the latest sound medical-scientific evidence. The instrument is applicable nationally and is compatible with human rights, promoting various rights such as the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.
This legislative instrument is a technical amendment that improves the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It reflects the developments in the available sound medical-scientific evidence concerning non-Hodgkin lymphoma that have occurred since the previous instrument was determined. The Repatriation Medical Authority determined this instrument after advertising its intention to undertake an investigation in the Government Notices Gazette, although no submissions were received for consideration. The instrument is assessed as being 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.
Key Provisions
The Amendment Statement of Principles concerning non-Hodgkin lymphoma (Reasonable Hypothesis) (No. 75 of 2021) amends the Statement of Principles concerning non-Hodgkin lymphoma (Reasonable Hypothesis) (No. 90 of 2018). It specifically revises the existing factor in subsection 9(8) concerning 'having infection with Epstein-Barr virus'. This revision is based on the latest sound medical-scientific evidence, which has developed since the earlier instrument was determined. The amendment aims to improve the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) by providing clearer guidelines for assessing claims related to non-Hodgkin lymphoma.
The Act imposes several obligations and requirements on the Repatriation Medical Authority (the Authority), the Repatriation Commission, and the Military Rehabilitation and Compensation Commission. The Authority is required to determine statements of principles based on sound medical-scientific evidence, facilitating the assessment and determination of claims by veterans and service personnel. The Repatriation Commission and the Military Rehabilitation and Compensation Commission must then assess claims in accordance with these statements of principles. The Veterans' Review Board and the Administrative Appeals Tribunal are responsible for reviewing decisions made by these commissions, ensuring that the processes are fair and evidence-based.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the document for breach of the provisions of this instrument. However, failure to comply with the requirements of the VEA and MRCA could potentially lead to legal challenges and reviews by the Veterans' Review Board and the Administrative Appeals Tribunal. Non-compliance might result in the overturning of decisions regarding compensation and benefits for veterans and service personnel, as well as potential reputational damage to the Authority and the Commissions.
The compatibility statement ensures that the Legislative Instrument is in line with human rights and freedoms recognised or declared in the international instruments. It promotes various human rights, such as the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The instrument is designed to facilitate the assessment and determination of social security benefits and compensation for veterans and service personnel, without discrimination. This approach aligns with the principles of the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities.