Amendment Statement of Principles concerning Parkinson's disease and secondary parkinsonism (Balance of Probabilities) (No. 104 of 2023)

Administered by Department of Veterans' Affairs

Legislation au F2023L01435 Not in force Legislative Instrument

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REPLACEMENT EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

PARKINSON's DISEASE AND SECONDARY PARKINSONISM

(BALANCE OF PROBABILITIES) (NO. 104 OF 2023)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Replacement Explanatory Statement to the Amendment Statement of Principles concerning Parkinson's disease and secondary parkinsonism (Balance of Probabilities) (No. 104 of 2023).

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 Parkinson's disease and secondary parkinsonism (Balance of Probabilities) (No. 104 of 2023).

3.             This Instrument amends Statement of Principles concerning Parkinson's disease and secondary parkinsonism (Balance of Probabilities) (No. 56 of 2016) (Federal Register of Legislation No. F2016L00570) by:

  • inserting a new factor in subsection 9(1A) concerning 'For Parkinson's disease only: having moderate to severe traumatic brain injury more than 15 years before the clinical onset of Parkinson's disease'.

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 exposure as a factor in Parkinson's disease and secondary parkinsonism in the Government Notices Gazette of 3 July 2023, 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.  On the 25th of September 2023 a written submission was received by the Authority for consideration by the Authority in relation to the investigation. That submission concerned mild traumatic brain injury as a factor for Parkinson's disease and secondary parkinsonism. The submission provided details of reference material in support of the submission. The written submission and accompanying references were considered by the Authority at its meeting in October 2023. The Authority decided that there was insufficient evidence to support a factor for mild traumatic brain injury.

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 exposure as a factor in Parkinson's disease and secondary parkinsonism as advertised in the Government Notices Gazette of 3 July 2023.

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. 104 of 2023

Kind of Injury, Disease or Death: Parkinson's disease and secondary parkinsonism

 

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 Parkinson's disease and secondary parkinsonism;
  • 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, Parkinson's disease and secondary parkinsonism is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 56 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning Parkinson's disease and secondary parkinsonism 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 Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 were amended by the Amendment Statement of Principles concerning Parkinson's disease and secondary parkinsonism (Balance of Probabilities) (No. 104 of 2023) to address gaps in the recognition of contributing factors for Parkinson's disease and secondary parkinsonism among veterans and service personnel. Enacted by the Repatriation Medical Authority under the authority granted by the Veterans' Entitlements Act 1986, the policy objective of this amendment is to refine the criteria for the connection between service and these conditions, ensuring that compensation and medical treatment are available to those who are genuinely affected. The amendment introduces a new factor concerning moderate to severe traumatic brain injury more than 15 years prior to the clinical onset of Parkinson's disease, reflecting advancements in medical-scientific evidence. This change aims to facilitate both the application process for claimants and the assessment process for the Repatriation Commission and the Military Rehabilitation and Compensation Commission, ensuring that the benefits are accessible to those who meet the updated criteria.

Scope and Application

The Amendment Statement of Principles concerning Parkinson's disease and secondary parkinsonism (Balance of Probabilities) (No. 104 of 2023) is a legislative instrument determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument applies to veterans and current or former Defence Force members who have Parkinson's disease or secondary parkinsonism, and it specifies new factors that must be considered in the assessment of claims for medical treatment and compensation. In particular, it introduces a new factor regarding moderate to severe traumatic brain injury more than 15 years before the clinical onset of Parkinson's disease. This legislative instrument is designed to facilitate the process of making and assessing claims, as well as reviewing decisions, by incorporating the most recent sound medical-scientific evidence. It also ensures that the human rights of affected individuals are upheld, promoting their rights to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, among others. The instrument is applicable on a national level, as it amends a previous statement of principles under the VEA and MRCA, and it reflects the geographic reach of these Acts.

Key Provisions

The main operative sections of the Amendment Statement of Principles concern Parkinson's disease and secondary parkinsonism, particularly as it relates to service-connected disabilities. This amendment introduces a new factor, specifically "having moderate to severe traumatic brain injury more than 15 years before the clinical onset of Parkinson's disease" (section 9(1A)), which must exist for it to be determined that Parkinson's disease and secondary parkinsonism are connected with the service circumstances on the balance of probabilities (subsection 196B(3) of the Veterans' Entitlements Act 1986). This change aims to improve the assessment and compensation process for veterans and service personnel suffering from these conditions. The obligations and requirements imposed by the Act focus on the Repatriation Medical Authority's responsibility to determine and finalise the Statement of Principles concerning Parkinson's disease and secondary parkinsonism. This includes conducting an investigation into exposure as a factor, soliciting submissions from relevant parties, and considering the latest medical-scientific evidence. The Repatriation Medical Authority must ensure that these principles are consistent with human rights and are transparent, proportionate, and reasonable. Furthermore, it must facilitate the assessment and review of claims related to these conditions by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, and the Administrative Appeals Tribunal. The Amendment Statement of Principles does not introduce new offences or penalties but underscores the importance of compliance with the determined factors for eligibility of medical treatment and compensation. Breaches of the requirements or non-compliance with the newly introduced factor could lead to disputes in claim assessments, potentially resulting in legal challenges before the Veterans' Review Board and the Administrative Appeals Tribunal. While the Act does not specify maximum penalties for non-compliance, the implications of not adhering to the determined factors could result in denial of benefits or compensation, adversely affecting the affected veterans and their families. The overarching goal is to ensure that the rights of veterans, including the right to social security and the highest attainable standard of health, are upheld without discrimination.

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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.