Amendment Statement of Principles concerning sensorineural hearing loss (Balance of Probabilities) (No. 56 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L00673 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

SENSORINEURAL HEARING LOSS

(BALANCE OF PROBABILITIES) (NO. 56 OF 2022)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning sensorineural hearing loss (Balance of Probabilities) (No. 56 of 2022).

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 sensorineural hearing loss (Balance of Probabilities) (No. 56 of 2022).

3.             This Instrument amends Statement of Principles concerning sensorineural hearing loss (Balance of Probabilities) (No. 99 of 2019) (Federal Register of Legislation No. F2019L01361) by:

  • replacing paragraph (h) in the definition of 'specified list of chemical agents' 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.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to xylene as a factor in sensorineural hearing loss in the Government Notices Gazette of 6 July 2021, 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 xylene as a factor in sensorineural hearing loss as advertised in the Government Notices Gazette of 6 July 2021.

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. 56 of 2022

Kind of Injury, Disease or Death: Sensorineural hearing loss

 

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 sensorineural hearing loss;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal; and
  • amends Instrument No. 99 of 2019 to ensure that it better reflects the available sound medical-scientific evidence concerning sensorineural hearing loss. 

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 sensorineural hearing loss (Balance of Probabilities) (No. 56 of 2022) was enacted to address the gap in the existing Statement of Principles concerning sensorineural hearing loss (Balance of Probabilities) (No. 99 of 2019) by amending the definition of 'specified list of chemical agents' in the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Repatriation Medical Authority determined this amendment under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986, with the policy objective of improving the medico-scientific quality of outcomes and facilitating the assessment and determination of claims and benefits for veterans, current and former Defence Force members, and their dependents. This instrument aims to ensure that the qualifying conditions for the benefit are reasonable, proportionate, and transparent, promoting the human rights of these individuals by facilitating the assessment and determination of social security benefits and ensuring that these rights are exercised without discrimination.

Scope and Application

This Amendment Statement of Principles concerning sensorineural hearing loss (Balance of Probabilities) (No. 56 of 2022) amends the existing Statement of Principles concerning sensorineural hearing loss (Balance of Probabilities) (No. 99 of 2019) by replacing paragraph (h) in the definition of 'specified list of chemical agents' in the Schedule 1 – Dictionary. The amendment applies to veterans and current or former Defence Force members who are seeking medical treatment and compensation for sensorineural hearing loss under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The amendment specifies the circumstances in which medical treatment and compensation can be extended to eligible persons and facilitates the assessment and determination of social security benefits and compensation. The amendment is technically focused on improving the medico-scientific quality of outcomes under the VEA and MRCA, and it does not derogate from any human rights, promoting the human rights of veterans, current and former Defence Force members, and other persons such as their dependents. The amendment is compatible with human rights as it promotes a number of 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. The amendment does not extend or restrict application through subordinate instruments.

Key Provisions

The primary operative sections of this Amendment Statement of Principles concern the modification of the definition of "specified list of chemical agents" under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Specifically, this amendment replaces paragraph (h) in the definition of "specified list of chemical agents" in Schedule 1 – Dictionary (section 2). This change aims to provide clarity and ensure that the legal framework accurately reflects the available sound medical-scientific evidence regarding sensorineural hearing loss. The amended definition is crucial for facilitating the assessment of claims by veterans and Defence Force members, ensuring that the right claimants receive appropriate medical treatment and compensation. The obligations and requirements imposed by this Act on the parties it governs include the necessity for the Repatriation Medical Authority (the Authority) to ensure that the determination of this Instrument is based on available sound medical-scientific evidence. The Authority must facilitate the assessment and determination of claims by veterans and Defence Force members for sensorineural hearing loss, ensuring that the conditions for benefit are reasonable, proportionate, and transparent. This involves the Repatriation Commission and the Military Rehabilitation and Compensation Commission accurately assessing claims, and the Veterans' Review Board and the Administrative Appeals Tribunal reviewing such decisions. Additionally, the Act ensures that the rights of veterans, current and former Defence Force members, and their dependents, including the right to social security and an adequate standard of living, are protected and promoted. In terms of consequences for breach, this Amendment Statement of Principles does not explicitly detail specific offences, penalties, or consequences for non-compliance. However, the overarching legislative framework under the VEA and MRCA may impose civil or criminal penalties for any actions that contravene the provisions aimed at ensuring the fair and accurate assessment of claims. Non-compliance could potentially lead to legal actions against the Authority, the Repatriation Commission, or the Military Rehabilitation and Compensation Commission for failing to adhere to the standards set by the Act, potentially impacting the rights of veterans and Defence Force members to receive appropriate benefits and treatment. The compatibility of this Legislative Instrument with human rights is explicitly stated, affirming that it does not derogate from any human rights and promotes several human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. This ensures that the rights of veterans, current and former Defence Force members, and their dependents are protected, facilitating the assessment and determination of claims without discrimination. This legislative approach underscores the importance of ensuring that the legislative framework supports the rights and well-being of those who have served or are serving in the Defence Force.

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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.