Amendment Statement of Principles concerning seborrhoeic keratosis (Reasonable Hypothesis) (No. 38 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L00489 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

SEBORRHOEIC KERATOSIS

(REASONABLE HYPOTHESIS) (NO. 38 OF 2024)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning seborrhoeic keratosis (Reasonable Hypothesis) (No. 38 of 2024).

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 seborrhoeic keratosis (Reasonable Hypothesis) (No. 38 of 2024).

3.             This Instrument amends Statement of Principles concerning seborrhoeic keratosis (Reasonable Hypothesis) (No. 19 of 2024) (Federal Register of Legislation No. F2024L00214) by:

  • Correcting a typographical error in subsection 9(2) which incorrectly omitted the word "onset".

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

In April 2024 it came to the attention of the Authority that the Statement of Principles concerning seborrhoeic keratosis (Reasonable Hypothesis) (No. 19 of 2024) contained a typographical error, in that the ultimate word of the subsection "onset" was missing.

As this was clearly a typographical error, it was considered that there was no utility in engaging in a further formal consultation process and delay correction of the error.  The error if allowed to remain will cause confusion and affect the utility of the section.

Prior to the Statement of Principles concerning seborrhoeic keratosis (Reasonable Hypothesis) No. 66 of 2023 originally being adopted there was consultation through a notice of investigation and writing to associations representing veterans’ interests seeking submissions in relation to the Statement of Principles that is the subject of this amendment. That consultative process is outlined in the explanatory statement to the original Statement of Principles.

Human Rights

5.             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.

References

6.             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. 38 of 2024

Kind of Injury, Disease or Death: Seborrhoeic keratosis

 

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) and (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 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 seborrhoeic keratosis;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • amends Instrument No. 19 of 2024.

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 seborrhoeic keratosis (Reasonable Hypothesis) (No. 38 of 2024) was enacted to correct a typographical error in the previously issued Statement of Principles concerning seborrhoeic keratosis (Reasonable Hypothesis) (No. 19 of 2024). This amendment was determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The primary objective of this instrument is to enhance the accuracy and clarity of the legislative framework, ensuring that claimants and the authorities involved in assessing and reviewing claims have access to correct and reliable information. By rectifying the omission of the word "onset" in the original document, the amendment aims to facilitate smoother claim processing and decision-making while upholding the rights of veterans and their families under international human rights instruments. This technical correction is intended to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby supporting the right to social security and the right to an adequate standard of living for affected individuals.

Scope and Application

The Amendment Statement of Principles concerning seborrhoeic keratosis (Reasonable Hypothesis) (No. 38 of 2024) pertains to veterans, current and former Defence Force members, and their dependents who are seeking benefits under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument aims to ensure that the conditions for the provision of medical treatment and compensation for veterans and Defence Force members diagnosed with seborrhoeic keratosis are reasonable, proportionate, and transparent. It addresses a typographical error in the previously issued Statement of Principles, ensuring the accuracy and effectiveness of the legislation. The instrument is applicable nationally, as it is determined under the auspices of the Commonwealth of Australia and applies to all relevant claimants across the country. There are no exclusions or exemptions outlined in the instrument, as it serves to correct a technical error that could potentially impede the assessment and processing of claims. The instrument does not extend or restrict the application through subordinate instruments but stands alone in its purpose to amend the original Statement of Principles. This amendment promotes various human rights by facilitating the provision of social security benefits, ensuring the highest attainable standard of physical and mental health, and upholding the rights of persons with disabilities without discrimination.

Key Provisions

The Amendment Statement of Principles concerning seborrhoeic keratosis (Reasonable Hypothesis) (No. 38 of 2024) corrects a typographical error in the previous Statement of Principles concerning seborrhoeic keratosis (Reasonable Hypothesis) (No. 19 of 2024) by reinstating the word "onset" in subsection 9(2). This amendment is intended to ensure clarity and accuracy in the legislative text, which was originally flawed due to the omission of the term "onset" (subsection 9(2)). The correction is straightforward and aims to maintain the integrity of the legislative framework that governs claims related to seborrhoeic keratosis under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The obligations under this amendment primarily concern the Repatriation Medical Authority (the Authority), which is responsible for determining the correctness and accuracy of legislative instruments under the VEA. The Authority must ensure that the legislative instruments are free from typographical errors that could cause confusion or misinterpretation, particularly in the context of claims and entitlements. The correction of the typographical error in subsection 9(2) is a demonstration of this obligation, ensuring that the legislative provisions are accurately represented and easily understood by claimants, the Repatriation Commission, and other relevant authorities. Failure to correct such errors could lead to misinterpretations of the legislative provisions, potentially affecting the rights of claimants. While the specific consequences for non-compliance are not detailed in the text, it is implicit that any legislative instrument not accurately reflecting the intended legal framework could lead to disputes or invalid claims. The legislative intent is to facilitate the assessment and determination of claims related to seborrhoeic keratosis, and any ambiguity or error could undermine this objective. The absence of specific penalties in the text suggests that the focus is on ensuring the legislative text is precise and unambiguous rather than penalising errors. The amendment specifies that the corrected legislative instrument is compatible with human rights, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. 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 correcting the typographical error, the legislative instrument ensures that these rights are exercised without discrimination, thereby supporting the fair and accurate assessment of claims related to seborrhoeic keratosis.

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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.