Amendment Statement of Principles concerning tooth wear (Balance of Probabilities) (No. 86 of 2018)

Administered by Department of Veterans' Affairs

Legislation au F2018L01170 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

TOOTH WEAR

(BALANCE OF PROBABILITIES) (NO. 86 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 tooth wear (Balance of Probabilities) (No. 86 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 tooth wear (Balance of Probabilities) (No. 86 of 2018).

3.             This Instrument amends Statement of Principles concerning tooth wear (Balance of Probabilities) (No. 53 of 2017) (Federal Register of Legislation No. F2017L01062) by:

  • inserting new factors in subsections 8(2)(j) and 8(4)(j) concerning 'vomiting or regurgitating gastric contents'.

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 tooth wear in the Government Notices Gazette of 13 March 2018, 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.  Two 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 tooth wear as advertised in the Government Notices Gazette of 13 March 2018.

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. 86 of 2018

Kind of Injury, Disease or Death: Tooth wear

 

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 tooth wear;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes new factors which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, tooth wear is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 53 of 2017; and
  • reflects developments in the available sound medical-scientific evidence concerning tooth wear 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 Tooth Wear (Balance of Probabilities) (No. 86 of 2018) was enacted to amend the Statement of Principles concerning Tooth Wear (Balance of Probabilities) (No. 53 of 2017) under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislation was introduced by the Repatriation Medical Authority to address the evolving understanding of the medical conditions associated with tooth wear among veterans. The policy objective is to ensure that the principles governing the determination of veterans' entitlements and compensation are based on the most current and reliable medical-scientific evidence, thereby facilitating fair and accurate assessments and awards. This amendment specifically introduces new factors concerning vomiting or regurgitating gastric contents, which were identified through consultation with relevant stakeholders and in response to updated medical evidence. The authority’s determination concludes the investigation into tooth wear as advertised in the Government Notices Gazette, ensuring that the process is both transparent and grounded in the best available evidence.

Scope and Application

The Amendment Statement of Principles concerning tooth wear (Balance of Probabilities) (No. 86 of 2018) applies to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It is directed at facilitating claims and assessments of tooth wear related to service, particularly for veterans and current or former Defence Force members. This legislation aims to ensure that claims for medical treatment and compensation are assessed in accordance with the most recent sound medical-scientific evidence. The determination by the Repatriation Medical Authority amends the previous Statement of Principles concerning tooth wear (No. 53 of 2017), incorporating new factors concerning "vomiting or regurgitating gastric contents." The legislation applies nationally, given the federal nature of the Acts it amends. There are no specified exclusions or exemptions within the text, and the scope of the legislation is confined to the specified amendments regarding tooth wear and its link to service-related conditions. The application of this Act may be further refined through subordinate instruments, which could specify additional details or exceptions as necessary.

Key Provisions

The Amendment Statement of Principles concerning tooth wear (Balance of Probabilities) (No. 86 of 2018) primarily serves to update and refine the criteria for assessing claims related to tooth wear under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Specifically, the amendment introduces new factors related to vomiting or regurgitating gastric contents, which must exist for it to be determined, on the balance of probabilities, that tooth wear is connected to the service circumstances (subsections 8(2)(j) and 8(4)(j)). These factors are intended to enhance the accuracy and fairness of claims assessment and compensation for veterans and service personnel suffering from tooth wear. The obligations imposed by this amendment are primarily on the Repatriation Medical Authority (the Authority) and the Repatriation Commission, which must now consider the new factors when assessing claims. The Authority is tasked with ensuring that the new factors are properly incorporated into the assessment process, while the Commission is responsible for applying these factors in the evaluation of individual claims. This involves ensuring that claimants provide adequate evidence of the specified conditions and that these conditions are appropriately weighed in the determination of their entitlement to benefits. Failure to comply with the requirements set forth in this amendment could result in various legal consequences. For example, if the Repatriation Medical Authority fails to incorporate the new factors into its assessment process, it could potentially be held liable for any resulting claims that are unfairly denied or inadequately assessed. Similarly, the Repatriation Commission could face challenges if claimants argue that their cases were not properly evaluated according to the updated criteria. While specific penalties are not detailed in the text, breaches could lead to legal disputes, financial liabilities, and reputational damage for the authorities involved. In terms of civil consequences, claimants who do not provide sufficient evidence to support the new factors may face difficulties in having their claims approved. This could result in delayed or denied compensation, which may have significant financial and health impacts on the affected veterans and service personnel. Criminal penalties are not explicitly mentioned in the text, but any actions by the authorities that result from deliberate or negligent non-compliance could potentially lead to criminal charges under relevant Australian legislation. The precise nature and severity of such penalties would depend on the specific circumstances of the breach and the findings of any ensuing legal proceedings.

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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.