Amendment Statement of Principles concerning restless legs syndrome (Balance of Probabilities) (No. 61 of 2023)

Administered by Department of Veterans' Affairs

Legislation au F2023L00558 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

RESTLESS LEGS SYNDROME

(BALANCE OF PROBABILITIES) (NO. 61 OF 2023)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning restless legs syndrome (Balance of Probabilities) (No. 61 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 restless legs syndrome (Balance of Probabilities) (No. 61 of 2023).

3.             This Instrument amends Statement of Principles concerning restless legs syndrome (Balance of Probabilities) (No. 114 of 2022) (Federal Register of Legislation No. F2022L01399) by:

  • replacing the existing definition of 'relevant service' 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.             Having already undertaken consultation in relation to instrument number 114 of 2022, "Statement of Principles concerning restless legs syndrome" (Federal Register of Legislation No. F2022L01399) the Authority became aware that the Statement of Principles contained an error in that the definition of "relevant service" was incorrect. As this error was clearly an administrative error and was not in accordance with the provisions of Section 196B(3) of the Veterans' Entitlements Act 1986, The Authority decided to amend the Statement of Principles so that it was in accordance with Section 196B(3) of the Veteran's Entitlements Act. The Amendment is a minor, technical correction. No consultation has therefore been undertaken by reason of the nature of the amendment.

 

 

 

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.


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. 61 of 2023

Kind of Injury, Disease or Death: Restless legs syndrome

 

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 restless legs syndrome;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • amends Instrument No. 114 of 2022; and

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 restless legs syndrome (Balance of Probabilities) (No. 61 of 2023) was determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This amendment addresses an error in the previously enacted Statement of Principles concerning restless legs syndrome (Balance of Probabilities) (No. 114 of 2022), specifically correcting an incorrect definition of "relevant service." This correction is intended to align the Statement of Principles with the provisions of Section 196B(3) of the VEA. The Repatriation Medical Authority identified this as a technical error and did not undertake further consultation due to the nature of the amendment. The legislative instrument facilitates claimants in making, and the Repatriation Commission and the Military Rehabilitation and Compensation Commission in assessing, claims related to restless legs syndrome. It also ensures that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting human rights such as the right to social security and an adequate standard of living.

Scope and Application

The Amendment Statement of Principles concerning restless legs syndrome (Balance of Probabilities) (No. 61 of 2023) amends the existing Statement of Principles concerning restless legs syndrome (Balance of Probabilities) (No. 114 of 2022) to correct an administrative error in the definition of "relevant service." This amendment applies to claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, facilitating the assessment and processing of claims for veterans, current and former Defence Force members, and their dependents. The amendment ensures that the correct definition of "relevant service" is applied, thereby upholding the accuracy and fairness of the compensation process. The amendment does not extend the scope or applicability of the original Statement of Principles but corrects a technical error, ensuring that the qualifying conditions for the benefit are reasonable, proportionate, and transparent. This aligns with the human rights obligations under the International Covenant on Economic, Social and Cultural Rights and other relevant conventions.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning restless legs syndrome (Balance of Probabilities) (No. 61 of 2023) are sections 2, 3, 4, and 5. Section 2 provides the background of the amendment, explaining that the Repatriation Medical Authority has determined this instrument under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986 (VEA). Section 3 details how the amendment replaces the existing definition of 'relevant service' in Schedule 1 – Dictionary. Section 4 specifies the day of commencement for the amendment, in accordance with subsection 12(3) of the Legislation Act 2003. Section 5 addresses the consultation process, stating that no additional consultation was necessary due to the minor, technical nature of the amendment. The obligations and requirements imposed by this Act include the replacement of the incorrect definition of "relevant service" in the Schedule to correct an administrative error. This ensures the Statement of Principles is in accordance with Section 196B(3) of the VEA. The Repatriation Medical Authority is responsible for determining the amendment and ensuring that it facilitates claimants and the relevant Commissions in assessing claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). It also ensures that the amendment improves the medico-scientific quality of outcomes under the VEA and the MRCA. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, any failure by the Repatriation Medical Authority to correctly determine the amendment, or to ensure it is in compliance with the VEA, could potentially lead to legal challenges or administrative reviews. Given the technical nature of this amendment, the primary consequence would likely be the need for further correction or clarification rather than a specific penalty. The focus of the Act is on ensuring that the correct conditions are in place for assessing claims related to restless legs syndrome, thereby promoting the human rights of veterans and Defence Force members, as well as their dependents.

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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.