Amendment Statement of Principles concerning thoracic spondylosis No. 70 of 2018

Administered by Department of Veterans' Affairs

Legislation au F2018L00915 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

THORACIC SPONDYLOSIS

NO. 70 OF 2018

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning thoracic spondylosis No. 70 of 2018.

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 thoracic spondylosis No. 70 of 2018.

3.             This Instrument amends Statement of Principles concerning thoracic spondylosis No. 65 of 2014 (Federal Register of Legislation No. F2014L00929) by:

  • replacing the existing factors "h" and "t" in clause 6 concerning 'lifting loads'; and
  • replacing the existing factors "i" and "u" in clause 6 concerning 'carrying loads'.

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 thoracic spondylosis in the Government Notices Gazette of 14 November 2017, 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.  Three 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 thoracic spondylosis as advertised in the Government Notices Gazette of 14 November 2017.

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. 70 of 2018

Kind of Injury, Disease or Death: Thoracic spondylosis

 

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 thoracic spondylosis;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes revised factors which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, thoracic spondylosis is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 65 of 2014; and
  • reflects developments in the available sound medical-scientific evidence concerning thoracic spondylosis 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 thoracic spondylosis No. 70 of 2018 was enacted in 2018 to address the need for updated medical criteria in the assessment of claims related to thoracic spondylosis for veterans and service personnel under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument was determined by the Repatriation Medical Authority, which operates under the authority of the Australian Government, to reflect advancements in medical-scientific evidence since the previous instrument was issued in 2014. The policy objective of this amendment is to facilitate the assessment and determination of claims by ensuring the criteria are both medically accurate and proportionate, thereby promoting the human rights of veterans and service personnel, including their right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. This legislative instrument does not infringe upon any human rights and 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 thoracic spondylosis No. 70 of 2018, as outlined in the Explanatory Statement, applies to the determination of veterans' entitlements and military rehabilitation compensation under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It specifically addresses the conditions under which medical treatment and compensation can be extended to eligible persons diagnosed with thoracic spondylosis, which is a condition that must be linked to service rendered by a person to qualify for benefits. The instrument amends the Statement of Principles concerning thoracic spondylosis No. 65 of 2014 by replacing certain factors concerning lifting and carrying loads with new ones based on the latest medical-scientific evidence. This amendment aims to ensure that the determination of benefits remains scientifically sound and current. The instrument is applicable nationally as it pertains to federal legislation, and its provisions are designed to facilitate claims and reviews of such claims by the Repatriation Commission, the Veterans' Review Board, and the Administrative Appeals Tribunal. The instrument does not specify exclusions or exemptions but reflects the most recent medical-scientific evidence in determining eligibility for compensation and treatment. The Repatriation Medical Authority, which is responsible for determining these instruments, undertook an investigation and consultation process involving various stakeholders including veterans' organisations, service personnel, and experts in the field. The Authority ensures the instrument's compatibility with human rights, promoting rights such as the right to social security, adequate standard of living, and highest attainable standard of physical and mental health. The instrument is classified as a technical one, enhancing the quality of medico-scientific outcomes under the relevant Acts. The human rights implications are addressed, confirming that the instrument promotes rather than derogates from human rights, ensuring that benefits are accessible and non-discriminatory.

Key Provisions

The key provisions of the Amendment Statement of Principles concerning Thoracic Spondylosis No. 70 of 2018 (sections 1-8) pertain to the amendment of the existing Statement of Principles concerning thoracic spondylosis No. 65 of 2014. Specifically, this amendment replaces the existing factors "h" and "t" in clause 6 concerning 'lifting loads' and replaces the existing factors "i" and "u" in clause 6 concerning 'carrying loads'. This amendment aims to reflect the most recent medical-scientific evidence regarding thoracic spondylosis and facilitate the assessment and determination of claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The obligations and requirements imposed by the Act on the parties it governs are primarily focused on the Repatriation Medical Authority's responsibility to determine these instruments, outlining the factors linking particular kinds of injury, disease or death with service. This is to be done solely on the basis of the available sound medical-scientific evidence. The Authority must ensure that these instruments are compatible with human rights and facilitate the assessment and determination of claims by eligible veterans, current and former Defence Force members, and their dependents. The Repatriation Medical Authority must also ensure that the qualifying conditions for the benefit are 'reasonable, proportionate, and transparent'. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, the Repatriation Medical Authority must ensure that the determining of 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. If the Authority fails to comply with this requirement, it may face legal challenges or other consequences related to the incompatibility of the instrument with human rights. Additionally, any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA can request a list of references relating to the above condition, which must be provided in writing to the Repatriation Medical Authority. Failure to provide such information may result in non-compliance with the requirements of the Act.

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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.