Amendment Statement of Principles concerning temporomandibular disorder (Reasonable Hypothesis) (No. 42 of 2020)

Administered by Department of Veterans' Affairs

Legislation au F2020L00506 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

TEMPOROMANDIBULAR DISORDER

(REASONABLE HYPOTHESIS) (NO. 42 OF 2020)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning temporomandibular disorder (Reasonable Hypothesis) (No. 42 of 2020).

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 temporomandibular disorder (Reasonable Hypothesis) (No. 42 of 2020).

3.             This Instrument amends Statement of Principles concerning temporomandibular disorder (Reasonable Hypothesis) (No. 47 of 2018) (Federal Register of Legislation No. F2018L00539) by:

  • replacing the existing definition of 'acute trauma' in 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 temporomandibular disorder in the Government Notices Gazette of 26 February 2020, 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.  One submission was 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 temporomandibular disorder as advertised in the Government Notices Gazette of 26 February 2020.

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. 42 of 2020

Kind of Injury, Disease or Death: Temporomandibular disorder

 

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:-

  • amends Instrument No. 47 of 2018;
  • 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 temporomandibular disorder and in particular, includes a revised definition of 'acute trauma' to ensure that the factors concerning acute trauma are available to claimants whose symptoms and signs are masked by unconsciousness or analgesic medication; and
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal.

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 temporomandibular disorder (Reasonable Hypothesis) (No. 42 of 2020) is an instrument determined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument was introduced to amend the existing definition of 'acute trauma' in the Statement of Principles concerning temporomandibular disorder, ensuring that claimants whose symptoms and signs are masked by unconsciousness or analgesic medication are considered. The Repatriation Medical Authority, in determining this instrument, followed an investigation that commenced in February 2020 and concluded with the receipt of one submission. This instrument is compatible with the human rights recognised in the International Instruments, promoting the rights of veterans, current and former Defence Force members, and their dependents. The instrument facilitates the assessment and determination of benefits and compensation, thereby enhancing the overall quality of medico-scientific outcomes under the Acts.

Scope and Application

The Amendment Statement of Principles concerning temporomandibular disorder (Reasonable Hypothesis) (No. 42 of 2020) pertains to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, applying to veterans and current or former Defence Force members who may suffer from temporomandibular disorder. The Amendment aims to facilitate the assessment and approval of claims by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby supporting the human rights of veterans and their dependents. This includes the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The amendment specifies the circumstances under which medical treatment and compensation can be extended to eligible persons, particularly by revising the definition of 'acute trauma'. It is a technical instrument designed to enhance the medico-scientific quality of outcomes under the VEA and MRCA, ensuring that claimants whose symptoms and signs are masked by unconsciousness or analgesic medication can still be appropriately assessed. The instrument promotes human rights by ensuring that these rights are exercised without discrimination, in accordance with international standards.

Key Provisions

The Amendment Statement of Principles concerning temporomandibular disorder (Reasonable Hypothesis) (No. 42 of 2020) amends the existing Statement of Principles concerning temporomandibular disorder (Reasonable Hypothesis) (No. 47 of 2018) by replacing the definition of 'acute trauma' in Schedule 1 – Dictionary. This change is intended to ensure that the factors concerning acute trauma are available to claimants whose symptoms and signs are masked by unconsciousness or analgesic medication. The new definition of 'acute trauma' (section 1) aims to provide clarity and facilitate the assessment of claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) (section 2). The amendment also seeks to facilitate the review of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal (section 3). The Act imposes obligations on the Repatriation Medical Authority (the Authority) to ensure that the determinations made under the VEA and MRCA are based on sound medical-scientific evidence. The Authority is required to consult with relevant organisations and individuals, including veterans, service personnel, and those with expertise in the field, before determining any instrument (section 5). The Authority must also ensure that any legislative instrument is compatible with human rights and freedoms as recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (section 6). Breach of any obligations under the VEA or MRCA can lead to various consequences. While the specific offences and penalties are not detailed in the provided text, it is likely that breaches could result in civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for offences under the VEA and MRCA can vary, but typically include fines and/or imprisonment. The exact penalties would depend on the specific provisions of the Acts and the circumstances of the breach. In summary, the Amendment Statement of Principles concerning temporomandibular disorder (Reasonable Hypothesis) (No. 42 of 2020) amends the definition of 'acute trauma' to facilitate the assessment of claims under the VEA and MRCA. The Repatriation Medical Authority has an obligation to consult with relevant parties and ensure compatibility with human rights before determining any instrument. Breaches of the obligations imposed by the Act can lead to civil or criminal penalties, although the exact penalties are not specified in the provided text.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Statutory Instrument
Concepts
Commencement Provisions
Repeal & Amendment
Rights & Protections

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.