Amendment Statement of Principles concerning sarcoidosis (Reasonable Hypothesis) (No. 13 of 2019)

Administered by Department of Veterans' Affairs

Legislation au F2019L00003 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

SARCOIDOSIS

(REASONABLE HYPOTHESIS) (NO. 13 OF 2019)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning sarcoidosis (Reasonable Hypothesis) (No. 13 of 2019).

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 sarcoidosis (Reasonable Hypothesis) (No. 13 of 2019).

3.             This Instrument amends Statement of Principles concerning sarcoidosis (Reasonable Hypothesis) (No. 59 of 2016) (Federal Register of Legislation No. F2016L01144) by:

  • replacing the existing factors in subsections 9(1) & 9(6) concerning 'being treated with a drug';
  • inserting new factors in subsections 9(1a) & 9(6a) concerning 'immunotherapy for cancer or targeted therapy for cancer';
  • inserting new factors in subsections 9(3a) & 9(8a) concerning 'malignant neoplasm'; and
  • inserting definitions of 'immunotherapy for cancer', 'specified list of drugs' and 'targeted therapy for cancer' in 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 sarcoidosis in the Government Notices Gazette of 4 September 2018, 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.  One submission was received for consideration by the Authority during 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 sarcoidosis as advertised in the Government Notices Gazette of 4 September 2018.

References

8.             A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA.  Any such request must be made in writing to the Repatriation Medical Authority at the following address:

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. 13 of 2019

Kind of Injury, Disease or Death: Sarcoidosis

 

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(8) 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 linking 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 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 sarcoidosis;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes new and amended factors, and new definitions, which the current sound medical-scientific evidence indicates must as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting sarcoidosis with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 59 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning sarcoidosis 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 sarcoidosis (Reasonable Hypothesis) (No. 13 of 2019) was enacted in 2019 to amend the existing Statement of Principles concerning sarcoidosis (Reasonable Hypothesis) (No. 59 of 2016) in light of new medical-scientific evidence. This instrument is determined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, with the objective of facilitating the assessment and determination of claims for veterans and other eligible persons who have sarcoidosis. It introduces new factors and definitions to better reflect the current understanding of the disease and its connection to service circumstances. The Repatriation Medical Authority consulted with relevant stakeholders before determining this instrument and has concluded that it is compatible with human rights, promoting the rights of veterans and their dependents to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. This legislative instrument aims to improve the medico-scientific quality of outcomes under the relevant Acts by providing clearer and more accurate factors for the connection between sarcoidosis and service, thereby ensuring that qualifying conditions for benefits are reasonable, proportionate, and transparent. By doing so, it supports the rights of veterans, current and former Defence Force members, and their dependents, ensuring that these rights are exercised without discrimination.

Scope and Application

The Amendment Statement of Principles concerning sarcoidosis (Reasonable Hypothesis) (No. 13 of 2019) amends the existing Statement of Principles concerning sarcoidosis (Reasonable Hypothesis) (No. 59 of 2016) under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This amendment applies to veterans and current or former Defence Force members who have sarcoidosis and are seeking compensation or benefits under these Acts. The new and amended factors in the instrument concern treatment with specific drugs and therapies for cancer, as well as malignant neoplasm, reflecting the most recent medical-scientific evidence on the condition. The instrument incorporates new definitions for terms such as 'immunotherapy for cancer' and 'targeted therapy for cancer'. This legislative instrument is applicable nationally, as it pertains to federal acts that have jurisdiction across Australia. While the instrument does not explicitly state exclusions or thresholds, it focuses on ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. The instrument is a technical one, aimed at improving the quality of medico-scientific outcomes under the VEA and the MRCA. There is no indication that the application of this Act extends or restricts through subordinate instruments.

Key Provisions

The Amendment Statement of Principles concerning sarcoidosis (Reasonable Hypothesis) (No. 13 of 2019) amends the Statement of Principles concerning sarcoidosis (Reasonable Hypothesis) (No. 59 of 2016) under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This amendment introduces new factors and definitions that are based on the latest sound medical-scientific evidence concerning sarcoidosis. Specifically, it replaces existing factors concerning 'being treated with a drug' with new factors concerning 'immunotherapy for cancer or targeted therapy for cancer' and introduces new factors concerning'malignant neoplasm'. Additionally, the amendment includes new definitions for 'immunotherapy for cancer','specified list of drugs', and 'targeted therapy for cancer' in Schedule 1 – Dictionary. These changes are designed to facilitate claimants in making, and the Repatriation Commission in assessing, claims under the VEA and MRCA, and to ensure that the qualifying conditions for the benefit are 'reasonable, proportionate and transparent'. The Amendment Statement imposes obligations on claimants and the Repatriation Commission to consider the new factors and definitions when assessing claims for compensation and benefits related to sarcoidosis. Claimants must provide evidence that satisfies the new criteria for a reasonable hypothesis to be raised concerning the link between their service and their sarcoidosis. The Repatriation Commission, in turn, is required to evaluate the claims based on the updated medical-scientific evidence, ensuring that their assessments are fair and consistent with the latest research. These changes aim to improve the medico-scientific quality of outcomes under the VEA and MRCA by ensuring that the determination of benefits is grounded in the most current and reliable evidence. Failure to comply with the provisions of the Amendment Statement may result in claims being assessed incorrectly, which could lead to either overcompensation or denial of benefits. The consequences of such breaches are primarily civil, as the Repatriation Commission may need to review and potentially adjust claims that were assessed under the previous Statement of Principles. While the Amendment Statement itself does not specify criminal or civil penalties for non-compliance, the underlying Acts, the VEA and the MRCA, do provide for penalties in cases of fraud or misrepresentation. These penalties can include fines and, in severe cases, imprisonment, depending on the nature and extent of the breach. The Amendment Statement is compatible with human rights as it does not derogate from any human rights and promotes several human rights, including the right to social security, the right to an adequate standard of living, and the right to the enjoyment of the highest attainable standard of physical and mental health. It ensures that these rights are exercised without discrimination, facilitating the assessment and determination of compensation and benefits for veterans and Defence Force members. The compatibility with human rights is further affirmed by the Statement of Compatibility with Human Rights, which indicates that the Legislative Instrument is consistent with the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities.

Legal classification tags

Area of Law
Veterans' Law
Health Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Consultation Requirements

Interactions

Authorises

All Versions

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.