Amendment Statement of Principles concerning osteoarthritis (Balance of Probabilities) (No. 77 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L00942 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

OSTEOARTHRITIS

(BALANCE OF PROBABILITIES) (NO. 77 OF 2022)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning osteoarthritis (Balance of Probabilities) (No. 77 of 2022).

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 osteoarthritis (Balance of Probabilities) (No. 77 of 2022).

3.             This Instrument amends Statement of Principles concerning osteoarthritis (Balance of Probabilities) (No. 62 of 2017) (Federal Register of Legislation No. F2017L01443) by:

  • replacing the existing factors in subsections 9(12) and 9(35) concerning 'for osteoarthritis of a joint of the upper limb only';
  • inserting a definition of 'joint of the upper limb' in the Schedule 1 – Dictionary.

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 repetitive activities of the upper limb as a factor in osteoarthritis in the Government Notices Gazette of 5 April 2022, 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 repetitive activities of the upper limb as a factor in osteoarthritis as advertised in the Government Notices Gazette of 5 April 2022.

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. 77 of 2022

Kind of Injury, Disease or Death: Osteoarthritis

 

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 osteoarthritis;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes exposure as a new factor which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, osteoarthritis is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 62 of 2017; and
  • reflects developments in the available sound medical-scientific evidence concerning osteoarthritis 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 osteoarthritis (Balance of Probabilities) (No. 77 of 2022) is an instrument determined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), aimed at refining the criteria for the connection between osteoarthritis and military service. This amendment was necessitated by recent advancements in medical-scientific evidence regarding osteoarthritis, particularly focusing on repetitive activities of the upper limb as a contributing factor. The Repatriation Medical Authority (the Authority) finalised this investigation, which was advertised in the Government Notices Gazette on 5 April 2022, and no submissions were received for consideration. The primary objective of this instrument is to assist claimants and the relevant commissions in assessing claims and to enhance the medico-scientific quality of outcomes under the VEA and the MRCA. It specifies circumstances in which medical treatment and compensation can be extended to eligible persons who have osteoarthritis, reflecting the latest sound medical-scientific evidence. Additionally, it is compatible with human rights, promoting the rights of veterans, current and former Defence Force members, and their dependents, ensuring non-discriminatory access to social security and healthcare benefits. The instrument amends the previous Statement of Principles concerning osteoarthritis (Balance of Probabilities) (No. 62 of 2017) by introducing a new factor concerning repetitive activities of the upper limb and defining 'joint of the upper limb' in the Schedule 1 – Dictionary. The day of commencement for the amendment is specified in accordance with the Legislation Act 2003. This legislative instrument ensures that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby facilitating the assessment and determination of social security benefits and enhancing the overall treatment and rehabilitation process for veterans and Defence Force members.

Scope and Application

This Amendment Statement of Principles concerning osteoarthritis (Balance of Probabilities) (No. 77 of 2022) applies to veterans and current or former members of the Defence Force, and their dependants, who are seeking medical treatment and compensation for osteoarthritis under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative instrument amends the existing Statement of Principles concerning osteoarthritis (Balance of Probabilities) (No. 62 of 2017), reflecting developments in medical-scientific evidence concerning osteoarthritis. The amendment replaces the existing factors in subsections 9(12) and 9(35) concerning 'for osteoarthritis of a joint of the upper limb only' and inserts a definition of 'joint of the upper limb' in the Schedule 1 – Dictionary. This amendment is determined under subsections 196B(3) and (8) of the VEA, and its purpose is to facilitate claimants in making, and the Repatriation Commission and the Military Rehabilitation and Compensation Commission in assessing, claims under the VEA and the MRCA respectively. The instrument also facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. The geographic or jurisdictional reach of this legislation is limited to Australia as it concerns the determination of benefits under Australian federal acts. 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, and it does not derogate from any human rights. It promotes the human rights of veterans, current and former Defence Force members, and their dependents by ensuring their right to social security, an adequate standard of living, and the enjoyment of the highest attainable standard of physical and mental health, as well as ensuring that these rights are exercised without discrimination of any kind.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning osteoarthritis (Balance of Probabilities) (No. 77 of 2022) under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) are subsections 196B(3) and (8) of the VEA, which allow the Repatriation Medical Authority to amend the Statement of Principles concerning osteoarthritis. This amendment replaces the existing factors in subsections 9(12) and 9(35) concerning 'for osteoarthritis of a joint of the upper limb only', and introduces a definition of 'joint of the upper limb' in the Schedule 1 – Dictionary. The purpose of this amendment is to reflect developments in the available sound medical-scientific evidence concerning osteoarthritis since the previous instrument was determined. The obligations imposed by the Act on parties and entities it governs include the requirement for claimants to provide evidence of their condition and the circumstances of their service, while the Repatriation Commission and the Military Rehabilitation and Compensation Commission are obliged to assess such claims based on the available sound medical-scientific evidence. The Veterans' Review Board and the Administrative Appeals Tribunal are responsible for reviewing these decisions. The Repatriation Medical Authority is mandated to determine the Statement of Principles in line with the available evidence and the requirements of the VEA and MRCA. Any breaches of the provisions in the VEA or MRCA may result in civil or criminal consequences. However, the specific offences, penalties, or consequences for breach are not detailed in the explanatory statement. It is advisable for parties and entities governed by the Act to seek further information on penalties from legal professionals or the relevant authorities. Nonetheless, the Act aims to ensure that the rights of veterans, current and former Defence Force members, as well as their dependents, are protected and promoted, in accordance 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.

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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.