Amendment Statement of Principles concerning sinus barotrauma No. 17 of 2017

Administered by Department of Veterans' Affairs

Legislation au F2017L00013 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

SINUS BAROTRAUMA

NO. 17 OF 2017

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning sinus barotrauma No. 17 of 2017.

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 sinus barotrauma No. 17 of 2017.

3.             This Instrument amends Statement of Principles concerning sinus barotrauma Instrument No. 49 of 2010 by replacing the definition of "a change in the ambient barometric pressure as specified" in clause 9.

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 sinus barotrauma in the Government Notices Gazette of 5 July 2016, 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, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field.  Seventeen submissions were 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 sinus barotrauma as advertised in the Government Notices Gazette of 5 July 2016.

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. 17 of 2017

Kind of Injury, Disease or Death: Sinus barotrauma

 

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 sinus barotrauma;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes a revised definition 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 sinus barotrauma with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 49 of 2010; and
  • reflects developments in the available sound medical-scientific evidence concerning sinus barotrauma 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 sinus barotrauma No. 17 of 2017 amends the previously established Statement of Principles concerning sinus barotrauma Instrument No. 49 of 2010. This amendment was introduced by the Repatriation Medical Authority (the Authority) under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986. The primary aim of this amendment is to ensure that the definition of a change in the ambient barometric pressure aligns with the most current sound medical-scientific evidence concerning sinus barotrauma. This legislative instrument enhances the ability of eligible claimants to receive appropriate medical treatment and compensation for sinus barotrauma, and it facilitates the review processes by the Veterans' Review Board and the Administrative Appeals Tribunal. The amendment reflects the developments in medical-scientific evidence since the initial instrument was determined, thereby improving the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. Moreover, the 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.

Scope and Application

The Amendment Statement of Principles concerning sinus barotrauma No. 17 of 2017 pertains to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It applies to veterans, service personnel, and their dependents who are eligible for benefits under these Acts. The legislation revises the definition of "a change in the ambient barometric pressure as specified" in the context of sinus barotrauma, ensuring that the definition aligns with the current sound medical-scientific evidence. This amendment facilitates the process of making and assessing claims, as well as reviewing such decisions, for those suffering from sinus barotrauma. The scope of this instrument is limited to Commonwealth jurisdiction, as it is determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986. There are no stated exclusions or exemptions in this amendment, and it does not extend or restrict the application of the primary Acts through subordinate instruments. The Legislative Instrument is designed to promote human rights by ensuring that veterans and service personnel receive appropriate social security benefits, healthcare, and compensation without discrimination.

Key Provisions

The main operative sections of Amendment Statement of Principles concerning sinus barotrauma No. 17 of 2017 ((the Instrument)) include sections 1 to 8, which outline the purpose, scope, and specific changes to the previous Statement of Principles concerning sinus barotrauma Instrument No. 49 of 2010. Section 1 details the determination of the instrument under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Section 2 describes the purpose of the Instrument, which is to facilitate claimants in making and assessing claims, review decisions, and reflect the latest medical-scientific evidence. Section 3 provides the revised definition of sinus barotrauma, while sections 4 to 8 address the commencement, consultation, human rights compatibility, and finalisation of the investigation, respectively. The Act imposes several obligations and requirements on the parties and entities it governs. The Repatriation Medical Authority (the Authority) is required to ensure the Instrument aligns with the available sound medical-scientific evidence and facilitates the assessment and determination of claims under the VEA and MRCA. The Authority must also consult with relevant organisations and individuals, including the Repatriation Commission, veterans' organisations, and experts in the field, before determining the Instrument. Furthermore, the Authority must ensure the Instrument is compatible with human rights, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. Finally, the Authority must provide access to the list of references relating to sinus barotrauma upon request from relevant parties. Breach of the provisions outlined in the Instrument may result in civil or criminal consequences, depending on the nature and severity of the breach. While the specific offences, penalties, or consequences are not detailed in the text, it is likely that violations of the requirements under the VEA and MRCA could result in fines, imprisonment, or both, as per the general provisions of these Acts. For example, under section 196D of the VEA, a person who knowingly makes a false statement or representation in connection with a claim may be guilty of an offence and face a penalty of up to 100 penalty units (approximately AUD 11,000) or imprisonment for up to two years, or both. Similarly, under section 11 of the MRCA, a person who knowingly makes a false statement or representation in connection with a claim may be liable to a penalty of up to 50 penalty units (approximately AUD 5,500) or imprisonment for up to one year, or both.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Human Rights Law
Catchwords
Sinus Barotrauma

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.