Amendment Statement of Principles concerning sensorineural hearing loss (Reasonable Hypothesis) (No. 75 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00977 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

SENSORINEURAL HEARING LOSS

(REASONABLE HYPOTHESIS) (NO. 75 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 (Reasonable Hypothesis) (No. 75 of 2025).

Background

  1.              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 sensorineural hearing loss (Reasonable Hypothesis) (No. 75 of 2025).
  2.              This Instrument amends Statement of Principles concerning sensorineural hearing loss (Reasonable Hypothesis) (No. 98 of 2019) (Federal Register of Legislation No. F2019L01360) 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. 75 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(2) 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting sensorineural hearing loss with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 98 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 (Reasonable Hypothesis) (No. 75 of 2025), under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was enacted to address the need for a more precise and scientifically informed definition of sensorineural hearing loss in the context of veterans' entitlements. This amendment was determined by the Repatriation Medical Authority, which sought to refine the criteria for assessing claims related to sensorineural hearing loss by incorporating the most recent medical-scientific evidence. The primary policy objective of this legislative amendment is to enhance the accuracy and fairness of claims assessments, ensuring that veterans and other eligible persons receive appropriate compensation and medical treatment for their condition. This instrument aims to facilitate the process of claim assessment and review while respecting human rights, as evidenced by the Statement of Compatibility with Human Rights. The instrument represents a technical adjustment to the existing legislative framework, reflecting advancements in medical understanding and aiming to provide clearer guidance for both claimants and the relevant authorities. By amending the previous definition in the Statement of Principles concerning Sensorineural Hearing Loss (No. 98 of 2019), this legislative amendment seeks to ensure that the assessment of claims is based on the most current and reliable scientific evidence. The Authority's investigation and subsequent amendment were conducted with due consideration of the implications for human rights, particularly in relation to social security, adequate living standards, and the rights of persons with disabilities, ensuring that the legislative changes promote rather than hinder the rights of affected individuals.

Scope and Application

The Amendment Statement of Principles concerning sensorineural hearing loss (Reasonable Hypothesis) (No. 75 of 2025) pertains to veterans, current and former Defence Force members, and their dependants who are eligible for benefits under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The primary objective of this legislative amendment is to facilitate the assessment and determination of claims related to sensorineural hearing loss, which is now defined more precisely to include exposure as a factor necessary to establish a reasonable hypothesis connecting the hearing loss with the circumstances of service rendered. This amendment is intended to ensure that the benefits are awarded based on sound medical-scientific evidence and is applicable nationwide within Australia. While the amendment specifically addresses sensorineural hearing loss, it does not exclude other related claims or disabilities, and its application may be extended or clarified through subordinate instruments as required. The legislation is designed to enhance the quality of medico-scientific outcomes under the VEA and the MRCA, ensuring that the rights of veterans and their families are upheld in accordance with international human rights standards.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning sensorineural hearing loss (Reasonable Hypothesis) (No. 75 of 2025) focus on updating and refining the definition of 'sensorineural hearing loss' as it pertains to the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This amendment, detailed in section 7(2), replaces the previous definition in the Statement of Principles concerning sensorineural hearing loss (Reasonable Hypothesis) (No. 98 of 2019). This change is intended to reflect the most current medical-scientific evidence and to improve the clarity and accuracy of claims assessments for veterans and service personnel suffering from this condition. The Act imposes several obligations on the parties it governs, primarily the Repatriation Medical Authority (the Authority), the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and the claimants themselves. The Authority is responsible for determining and finalising investigations into the definitions of conditions such as sensorineural hearing loss. The Repatriation Commission and the Military Rehabilitation and Compensation Commission must then assess claims based on these updated principles. Claimants are required to provide accurate and relevant information regarding their service and condition to facilitate these assessments. Additionally, the Authority must ensure that any changes made are compatible with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2006. Breaches of the provisions outlined in this legislative instrument can lead to various consequences. While the specific offences and penalties are not detailed in the text, the document notes that the instrument is compatible with human rights and does not derogate from any human rights. The consequences of non-compliance or incorrect application of the principles would likely be addressed through the administrative processes outlined in the VEA and MRCA, potentially leading to the denial of claims or the requirement for further evidence and review. However, the precise civil or criminal penalties are not explicitly mentioned in the provided text. The Act also outlines the commencement date for the amendment, ensuring that all parties are aware of when the new definitions and principles will take effect. This allows for a smooth transition in how claims are assessed and ensures that all relevant parties can adapt to the changes. The process of amending these definitions and principles is thorough, involving extensive consultation with stakeholders, including veterans, service personnel, and relevant organisations, although in this instance, no submissions were received. In conclusion, the Amendment Statement of Principles concerning sensorineural hearing loss (Reasonable Hypothesis) (No. 75 of 2025) aims to refine the criteria for assessing claims related to sensorineural hearing loss, ensuring they are based on the most current medical-scientific evidence. It imposes clear obligations on the Authority, the relevant Commissions, and claimants, while ensuring compatibility with human rights and facilitating the review process for those affected by the condition.

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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.