Amendment Statement of Principles concerning sensorineural hearing loss (Balance of Probabilities) (No. 76 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00978 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

SENSORINEURAL HEARING LOSS

(BALANCE OF PROBABILITIES) (NO. 76 OF 2025)

 

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. 76 of 2025).

Background

  1.              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. 76 of 2025).
  2.              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 the definition of 'sensorineural hearing loss' in subsection 7(2).

Day of Commencement

  1.              This Instrument also specifies a day of commencement for the amendment in accordance with subsection 12(3) of the Legislation Act 2003.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation into the definition of sensorineural hearing loss in the Government Notices Gazette of 28 April 2025, 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

  1.              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

  1.              The determining of this Instrument finalises the investigation into the definition of sensorineural hearing loss as advertised in the Government Notices Gazette of 28 April 2025.

References

  1.              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. 76 of 2025

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;
  • includes exposure as a new factor which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, sensorineural hearing loss is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 99 of 2019; and
  • reflects developments in the available sound medical-scientific evidence concerning sensorineural hearing loss 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, 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. 76 of 2025) is an amendment made under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It was determined by the Repatriation Medical Authority to address the need for an updated definition of sensorineural hearing loss, reflecting the most recent medical-scientific evidence. The amendment aims to facilitate the assessment of claims related to sensorineural hearing loss, ensuring that compensation and treatment are accessible to eligible veterans and service personnel. This legislative instrument was finalised after a period of consultation with relevant stakeholders, although no submissions were received. It is designed to be compatible with human rights, supporting veterans' rights to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The Repatriation Medical Authority undertook this amendment to enhance the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. By incorporating exposure as a new factor in the definition of sensorineural hearing loss, the amendment ensures that claims are assessed based on the most current medical evidence. This change is expected to aid the Repatriation Commission and the Military Rehabilitation and Compensation Commission in their respective roles, as well as support the review processes of the Veterans' Review Board and the Administrative Appeals Tribunal. This legislative update does not infringe upon human rights and, in fact, promotes the rights of veterans, service members, and their dependents, ensuring these rights are exercised without discrimination.

Scope and Application

The Amendment Statement of Principles concerning sensorineural hearing loss (Balance of Probabilities) (No. 76 of 2025) amends the existing Statement of Principles concerning sensorineural hearing loss (Balance of Probabilities) (No. 99 of 2019) under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This amendment applies to veterans, current and former Defence Force members, and their dependants who may be eligible for medical treatment and compensation for sensorineural hearing loss. The instrument introduces exposure as a new factor, which must exist for it to be said that, on the balance of probabilities, sensorineural hearing loss is connected with the circumstances of service. The amendment aims to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby facilitating the assessment and determination of social security benefits and ensuring the enjoyment of the highest attainable standard of physical and mental health. The instrument is compatible with human rights and does not derogate from any rights, further promoting the rights of veterans, current and former Defence Force members, and other persons such as their dependents. The amendment reflects recent developments in the available sound medical-scientific evidence concerning sensorineural hearing loss.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning sensorineural hearing loss (Balance of Probabilities) (No. 76 of 2025) involve the replacement of the definition of 'sensorineural hearing loss' in subsection 7(2) of the existing Statement of Principles concerning sensorineural hearing loss (Balance of Probabilities) (No. 99 of 2019). This amendment aims to incorporate new medical-scientific evidence into the definition, thereby facilitating more accurate assessments and claims related to sensorineural hearing loss under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The amendment also specifies the day of commencement for these changes, ensuring the updated provisions take effect as intended. The Act imposes several obligations and requirements on the parties it governs. For instance, the Repatriation Medical Authority (the Authority) is required to ensure that the updated Statement of Principles reflects the latest medical-scientific evidence. Additionally, the Repatriation Commission and the Military Rehabilitation and Compensation Commission are obligated to use this updated definition in their assessments and claims processes. Furthermore, the Authority must facilitate a transparent and accessible process for claimants, ensuring that the new provisions are effectively communicated and implemented. These obligations are intended to streamline the claims process and provide clearer criteria for assessing eligibility for benefits related to sensorineural hearing loss. Breach of the provisions outlined in this Act can lead to various civil or criminal consequences. While the specific penalties for non-compliance are not detailed in the text, it is reasonable to infer that any failure to adhere to the updated definitions and criteria could result in legal challenges or disputes regarding the validity of claims. Additionally, if the Authority does not adequately implement the new provisions or fails to communicate them effectively, it may face scrutiny or complaints from claimants or their representatives. In such cases, the Authority could be required to take corrective actions to ensure compliance and maintain the integrity of the claims process. In summary, the Amendment Statement of Principles concerning sensorineural hearing loss (Balance of Probabilities) (No. 76 of 2025) introduces critical changes to the definition of sensorineural hearing loss, ensuring that it aligns with the latest medical-scientific evidence. This amendment imposes clear obligations on the Repatriation Medical Authority, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission to implement and use the updated criteria effectively. While the specific penalties for non-compliance are not explicitly stated, any failure to adhere to the new provisions could lead to legal challenges or the need for corrective actions to maintain the integrity of the claims process.

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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.