Overview

The Amendment Statement of Principles concerning rotator cuff syndrome (No. 30 of 2021) amends the Statement of Principles concerning rotator cuff syndrome (No. 101 of 2014) under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument was introduced to facilitate claims and assessments for compensation and medical treatment related to rotator cuff syndrome among veterans and service personnel. The Repatriation Medical Authority, which is responsible for determining these instruments, conducted an investigation into rotator cuff syndrome, leading to the revision of certain factors and definitions in the amended principles. The purpose of this amendment is to reflect the most recent medical-scientific evidence and to ensure the assessment process is transparent and reasonable, thereby promoting human rights and facilitating the provision of social security and health-related benefits to eligible claimants. The Legislative Instrument, determined under subsection 196B(3) of the Veterans' Entitlements Act 1986, is compatible with human rights as it does not derogate from any human rights and promotes several rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. By ensuring the qualifying conditions for benefits are reasonable, proportionate, and transparent, the Instrument supports the rights of veterans, current and former Defence Force members, and their dependents, ensuring these rights are exercised without discrimination.

Scope and Application

The Amendment Statement of Principles concerning rotator cuff syndrome (No. 30 of 2021) amends the Statement of Principles concerning rotator cuff syndrome (No. 101 of 2014) under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative instrument applies to veterans and current or former Defence Force members who have developed rotator cuff syndrome as a result of their service. It specifically addresses the circumstances under which medical treatment and compensation can be extended to eligible persons, facilitating claims and assessments by the Repatriation Commission and the Military Rehabilitation and Compensation Commission respectively. Additionally, it assists in the review of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. The amendment reflects recent developments in medical-scientific evidence concerning rotator cuff syndrome, enhancing the quality of outcomes under the VEA and the MRCA. The instrument is compatible with human rights, promoting the rights of veterans and Defence Force members to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, without discrimination. This legislative instrument is determined by the Repatriation Medical Authority (the Authority) and applies nationwide within Australia. It does not specify any exclusions or exemptions, but rather provides a framework for the assessment and determination of benefits for eligible persons. The instrument does not extend or restrict its application through subordinate instruments, as it is a standalone legislative amendment. The Authority consulted with relevant organisations and experts before determining this instrument, although no submissions were received. The instrument is compatible with human rights and freedoms as recognised or declared in the international instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Amendment Statement of Principles concerning rotator cuff syndrome (No. 30 of 2021) amends the Statement of Principles concerning rotator cuff syndrome (No. 101 of 2014) by revising certain factors and definitions related to the condition. Specifically, it revises the factors in paragraphs 6(e) and 6(o) concerning 'regularly using the upper limbs for weight-bearing', revises the definition of 'forceful activities' in clause 9, and deletes the definition of'regularly using the upper limbs for transfer' in clause 9 (section 3). This amendment is intended to reflect developments in the available sound medical-scientific evidence concerning rotator cuff syndrome since the earlier instrument was determined. The determination of this Instrument finalises the investigation in relation to rotator cuff syndrome as advertised in the Government Notices Gazette of 9 November 2020 (section 7). The Act imposes obligations on the parties it governs by facilitating claimants in making, and the Repatriation Commission and the Military Rehabilitation and Compensation Commission in assessing, claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 respectively. It specifies the circumstances in which medical treatment and compensation can be extended to eligible persons who have rotator cuff syndrome. It also facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal (section 2). There are no specific offences, penalties, or civil/criminal consequences for breach stated in the text. However, the determination of this Instrument is a technical instrument which improves the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Instrument is assessed as being 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. 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, the right to an adequate standard of living, the right to the enjoyment of the highest attainable standard of physical and mental health, the rights of persons with disabilities, and the right to non-discriminatory treatment (section 4). This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights. It helps to ensure that the qualifying conditions for the benefit are'reasonable, proportionate and transparent'. It facilitates the assessment and determination of social security benefits and the assessment and determination of compensation and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members. It facilitates the determination of claims relating to treatment and rehabilitation. It ensures 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" (section 4).