Amendment Statement of Principles concerning tooth wear (Reasonable Hypothesis) (No. 85 of 2018)

Administered by Department of Veterans' Affairs

Legislation au F2018L01169 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

TOOTH WEAR

(REASONABLE HYPOTHESIS) (NO. 85 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 (Reasonable Hypothesis) (No. 85 of 2018).

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 tooth wear (Reasonable Hypothesis) (No. 85 of 2018).

3.             This Instrument amends Statement of Principles concerning tooth wear (Reasonable Hypothesis) (No. 52 of 2017) (Federal Register of Legislation No. F2017L01059) by:

  • inserting new factors in subsections 8(3)(j) & 8(6)(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. 85 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting tooth wear with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 52 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 (Reasonable Hypothesis) (No. 85 of 2018) is an instrument made by the Repatriation Medical Authority under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986 (VEA) to amend the Statement of Principles concerning tooth wear (Reasonable Hypothesis) (No. 52 of 2017). The purpose of this amendment is to include new factors relating to 'vomiting or regurgitating gastric contents' in the criteria for determining the connection between tooth wear and service circumstances, thereby facilitating the assessment and approval of claims under the VEA and the Military Rehabilitation and Compensation Act 2004. The instrument is designed to reflect advancements in medical-scientific evidence since the previous statement of principles was made, ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. It also promotes various human rights, including the right to social security, adequate living standards, and health, by streamlining the process for assessing and determining social security benefits and compensation for veterans and Defence Force members. The Authority consulted widely with relevant organisations and experts before determining this instrument, inviting submissions from the Repatriation Commission, veteran and service personnel organisations, and individuals with expertise in the field. The Authority received two submissions during the investigation phase. This Legislative Instrument is compatible with human rights as it does not derogate from any human rights and promotes the rights of veterans, current and former Defence Force members, and their dependents. It ensures that benefits are accessible and non-discriminatory, facilitating the assessment and determination of claims relating to treatment and rehabilitation.

Scope and Application

The Amendment Statement of Principles concerning tooth wear (Reasonable Hypothesis) (No. 85 of 2018) amends the Statement of Principles concerning tooth wear (Reasonable Hypothesis) (No. 52 of 2017) to address the circumstances in which medical treatment and compensation can be extended to eligible persons who have tooth wear, under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative instrument applies to veterans, current and former Defence Force members, and their dependents, who may be eligible for compensation and benefits related to tooth wear. The amendment specifies new factors, including 'vomiting or regurgitating gastric contents', which must exist to raise a reasonable hypothesis linking tooth wear to the circumstances of service. The instrument, determined by the Repatriation Medical Authority, reflects recent advancements in medical-scientific evidence. It facilitates claims, assessments, and reviews under the VEA and MRCA, promoting accessibility and fairness in the provision of benefits. This amendment operates at a Commonwealth level and does not introduce any exclusions or exemptions, while ensuring compatibility with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Amendment Statement of Principles concerning tooth wear (Reasonable Hypothesis) (No. 85 of 2018) introduces key changes to the existing provisions concerning tooth wear under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) (sections 196B(2) and (8) of the VEA). This instrument specifies new factors related to 'vomiting or regurgitating gastric contents' that must be considered when linking tooth wear with service circumstances (subsections 8(3)(j) and 8(6)(j)). These amendments are intended to enhance the accuracy of claims and assessments regarding compensation and medical treatment for tooth wear among eligible persons, reflecting the most recent medical-scientific evidence available. The Act imposes several obligations on parties involved, including claimants, the Repatriation Commission, and the Veterans' Review Board. Claimants must provide evidence that aligns with the newly specified factors, while the Repatriation Commission is required to assess these claims based on the updated principles. The Veterans' Review Board and the Administrative Appeals Tribunal must also review these decisions using the amended criteria. These obligations ensure that the claims process is thorough and based on the latest medical evidence, thereby maintaining the integrity of the compensation system. Failure to comply with the provisions of the Act can lead to various consequences. While the Act does not explicitly detail specific offences or penalties, breaches of the outlined principles and requirements can result in the denial of claims or the overturning of previous decisions during reviews or appeals. The implications for claimants could include the loss of compensation and medical treatment for tooth wear if their claims do not meet the updated criteria. Therefore, adherence to the legislative requirements is crucial for all parties involved to avoid such adverse outcomes. The Legislative Instrument ensures compatibility with human rights by not derograting from any human rights and promoting several rights of veterans and their dependents. It facilitates the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. Additionally, it ensures that these rights are exercised without discrimination. This compatibility underscores the importance of the Act in supporting the welfare of eligible individuals, aligning with international human rights standards.

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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.