Amendment Statement of Principles concerning non-Hodgkin's lymphoma No. 57 of 2014

Administered by Department of Veterans' Affairs

Legislation au F2014L00485 Not in force Legislative Instrument

Legislation content

REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 57 OF 2014

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(2) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Amendment Statement of Principles Instrument No. 57 of 2014 concerning non-Hodgkin's lymphoma.
  2. This Instrument amends Statement of Principles Instrument No. 28 of 2010 concerning non-Hodgkin's lymphoma by:
  • replacing factor 6(t) concerning 'being exposed to benzene'; and
  • inserting new definitions of 'being exposed to benzene' and '8-hour time-weighted average ' in clause 9.

3.             This Instrument also specifies a date of effect for the amendment in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003.

4.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to non-Hodgkin's lymphoma in the Government Notices Gazette of 16 October 2013, 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.  Four submissions were received for consideration by the Authority during the investigation.

5.             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.

6.             The determining of this Instrument finalises the investigation in relation to non-Hodgkin's lymphoma as advertised in the Government Notices Gazette of 16 October 2013.


7.             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. 57 of 2014

Kind of Injury, Disease or Death: Non-Hodgkin's 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(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).

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 non-Hodgkin's lymphoma;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes a new 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's lymphoma with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 28 of 2010; and
  • reflects developments in the available sound medical-scientific evidence concerning non-Hodgkin's 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, 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; and
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD).

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 Repatriation Medical Authority Instrument No. 57 of 2014 amends Statement of Principles Instrument No. 28 of 2010 concerning non-Hodgkin's lymphoma under the Veterans’ Entitlements Act 1986. This legislative instrument aims to address the need for an updated assessment of the medical conditions related to non-Hodgkin's lymphoma for veterans and former Defence Force members, ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. The Instrument was enacted by the Repatriation Medical Authority, in accordance with subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986. The policy objective is to facilitate both the making of claims and the assessment of those claims by the Repatriation Commission, as well as the review of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. Additionally, the instrument reflects advancements in medical-scientific evidence concerning non-Hodgkin's lymphoma that have emerged since the previous instrument was determined, ensuring that the criteria for compensation remain current and evidence-based.

Scope and Application

The Repatriation Medical Authority Instrument No. 57 of 2014 pertains to amendments concerning non-Hodgkin's lymphoma under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument applies to veterans, service personnel, and their dependants who may be eligible for compensation and benefits related to non-Hodgkin's lymphoma as a result of their service. The Authority amends the earlier Statement of Principles Instrument No. 28 of 2010 by replacing and refining the criteria for exposure to benzene, providing clearer definitions and conditions under which claims can be assessed and approved. The instrument is applicable nationally as it amends federal acts, thus affecting all states and territories within Australia. The legislative instrument does not specify any exclusions or exemptions but refines the eligibility criteria based on updated medical-scientific evidence. The Repatriation Medical Authority extends its application through subordinate instruments, ensuring that the determination process remains aligned with the latest medical research and veterans' needs.

Key Provisions

The Repatriation Medical Authority Instrument No. 57 of 2014 (the Instrument) amends the existing Statement of Principles concerning non-Hodgkin's lymphoma, which was previously established by Instrument No. 28 of 2010. This amendment primarily involves replacing factor 6(t) concerning exposure to benzene and introducing new definitions for 'being exposed to benzene' and '8-hour time-weighted average' (section 9.3). These changes are intended to align the legislative framework with the most recent sound medical-scientific evidence regarding non-Hodgkin's lymphoma, thereby ensuring that the assessment and compensation processes under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) are as accurate and fair as possible. The Instrument imposes specific obligations on the parties it governs, notably the Repatriation Commission, the Veterans' Review Board, and the Administrative Appeals Tribunal. These entities are required to adhere to the updated criteria and definitions set out in the Instrument when making decisions about claims related to non-Hodgkin's lymphoma. This includes assessing whether the claimants meet the new criteria for exposure to benzene and applying the updated definitions in their evaluations. Additionally, the Instrument facilitates the review process by ensuring that the new factors and definitions are transparent and reasonable, which aids in the fair and efficient resolution of claims. Breaches of the provisions outlined in the Instrument can lead to civil or criminal consequences, although the specific offences and penalties are not detailed within the Instrument itself. Generally, under Australian legislation, failure to comply with statutory requirements can result in legal action, including fines and other penalties as prescribed by the applicable Acts. For instance, non-compliance with the VEA or the MRCA could lead to penalties as stipulated in those respective Acts. The maximum penalties can vary depending on the specific breach and the severity of the non-compliance. This Legislative Instrument is designed to ensure that the human rights of veterans and Defence Force members, as well as those of their dependents, are upheld. It promotes rights such as the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. By improving the medico-scientific quality of outcomes under the VEA and the MRCA, the Instrument supports the fair and equitable assessment and determination of benefits and compensation. It does not derogate from any human rights and, in fact, facilitates the enjoyment of these rights by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent.

Legal classification tags

Area of Law
Veterans' Affairs
Instrument
Regulation
Concepts
Definitions & Interpretation
Civil Penalty Provisions
Enforcement Powers
Catchwords
Statement of Principles
Human Rights Implications

Interactions

Authorises

All Versions

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.