Amendment Statement of Principles concerning rotator cuff syndrome No. 29 of 2021

Administered by Department of Veterans' Affairs

Legislation au F2021L00030 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

ROTATOR CUFF SYNDROME

(NO. 29 OF 2021)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning rotator cuff syndrome (No. 29 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 rotator cuff syndrome (No. 29 of 2021).

3.             This Instrument amends Statement of Principles concerning rotator cuff syndrome (No. 100 of 2014) (Federal Register of Legislation No. F2014L01376) by:

  • revising the factors in paragraphs 6(g) and 6(t) concerning 'regularly using the upper limbs for weight-bearing';
  • revising the definition of 'forceful activities' in clause 9;
  • deleting the definition of 'regularly using the upper limbs for transfer' in clause 9.

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 rotator cuff syndrome in the Government Notices Gazette of 9 November 2020, 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 rotator cuff syndrome as advertised in the Government Notices Gazette of 9 November 2020.

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. 29 of 2021

Kind of Injury, Disease or Death: Rotator cuff 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(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 rotator cuff syndrome;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • amends Instrument No. 100 of 2014; and
  • reflects developments in the available sound medical-scientific evidence concerning rotator cuff syndrome 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;
  • 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 rotator cuff syndrome (No. 29 of 2021) is an instrument determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It amends the Statement of Principles concerning rotator cuff syndrome (No. 100 of 2014) to incorporate recent developments in medical-scientific evidence, facilitating the assessment and determination of compensation and benefits for veterans and Defence Force members suffering from rotator cuff syndrome. The amendment reflects a commitment to ensuring the qualifying conditions for these benefits are reasonable, proportionate, and transparent, thereby promoting the human rights of veterans, current and former Defence Force members, and their dependents, including the rights to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. This legislative instrument is compatible with human rights and does not derogate from any, promoting a number of human rights as outlined in international instruments. The Repatriation Medical Authority, which undertook an investigation into rotator cuff syndrome and invited submissions from relevant organisations and experts, finalised this investigation with the determination of this instrument. The Authority advertised its intention to investigate in the Government Notices Gazette and circulated notices to a wide range of organisations representing veterans, service personnel, and their dependants. While no submissions were received, the instrument reflects the latest medical-scientific evidence and is designed to improve the quality of outcomes under the VEA and the MRCA. This legislative instrument is compatible with human rights as it does not derogate from any and promotes the rights of veterans and their dependents, ensuring these rights are exercised without discrimination.

Scope and Application

The Amendment Statement of Principles concerning rotator cuff syndrome (No. 29 of 2021) amends the Statement of Principles concerning rotator cuff syndrome (No. 100 of 2014) by updating the factors and definitions related to the condition, reflecting the most recent medical-scientific evidence. This legislative instrument applies to veterans, current and former Defence Force members, and their dependents who are eligible for benefits under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It facilitates the process of making claims, assessing them, and reviewing decisions by specifying the circumstances under which compensation and medical treatment can be extended to those affected by rotator cuff syndrome. The Instrument is a technical measure that improves the quality of outcomes under the VEA and MRCA. There are no stated exclusions or thresholds, and its application is not extended or restricted through subordinate instruments. The instrument has been assessed as compatible with human rights, promoting the rights of veterans and Defence Force members, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, without discrimination.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning rotator cuff syndrome (No. 29 of 2021) revise and amend the existing Statement of Principles concerning rotator cuff syndrome (No. 100 of 2014). Specifically, the new instrument revises the factors in paragraphs 6(g) and 6(t) that concern 'regularly using the upper limbs for weight-bearing', updates the definition of 'forceful activities' in clause 9, and deletes the definition of'regularly using the upper limbs for transfer' from clause 9 (subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986). This amendment aims to reflect the latest medical-scientific evidence and improve the quality of medico-scientific outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The obligations imposed by this Act primarily involve the Repatriation Medical Authority in determining and finalising the amendment to the Statement of Principles. The Authority is responsible for ensuring that the updated principles accurately reflect the current medical understanding of rotator cuff syndrome, thereby facilitating claims and assessments by the Repatriation Commission and the Military Rehabilitation and Compensation Commission. This includes revising and updating the criteria for what constitutes service-connected rotator cuff syndrome, ensuring that claimants and relevant authorities have clear guidelines to follow. Furthermore, this Act requires the Authority to consult with relevant stakeholders, such as veterans' organisations and experts in the field, although in this case, no submissions were received. In terms of consequences for breach, the Explanatory Statement does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the Act. However, it does state that the instrument is compatible with human rights, indicating that any actions taken under the authority of this Act should not infringe upon the rights of veterans or other affected parties. The compatibility with human rights suggests that the Act is designed to promote fair and equitable treatment of claimants, ensuring that their rights to social security and adequate living standards are protected. Any failure to comply with the principles set out in the amended Statement of Principles may result in disputes or appeals to the Veterans' Review Board and the Administrative Appeals Tribunal, which would adjudicate based on the provisions of the Act and the applicable legislation. Overall, the Amendment Statement of Principles concerning rotator cuff syndrome (No. 29 of 2021) serves to update and refine the criteria for assessing claims related to rotator cuff syndrome, ensuring that the determinations are based on the most current medical evidence. It facilitates the process for claimants and the relevant authorities, while also upholding human rights principles.

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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.