Amendment Statement of Principles concerning ulnar neuropathy at the elbow (Balance of Probabilities) (No. 45 of 2020)

Administered by Department of Veterans' Affairs

Legislation au F2020L00508 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

ULNAR NEUROPATHY AT THE ELBOW  

(BALANCE OF PROBABILITIES) (NO. 45 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 ulnar neuropathy at the elbow  (Balance of Probabilities) (No. 45 of 2020).

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 ulnar neuropathy at the elbow (Balance of Probabilities) (No. 45 of 2020).

3.             This Instrument amends Statement of Principles concerning ulnar neuropathy at the elbow (Balance of Probabilities) (No. 66 of 2017) (Federal Register of Legislation No. F2017L01452) by:

  • replacing the existing definition of 'trauma to the affected elbow' 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 ulnar neuropathy at the elbow 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 ulnar neuropathy at the elbow  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. 45 of 2020

Kind of Injury, Disease or Death: Ulnar neuropathy at the elbow

 

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(3) 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. 66 of 2017;
  • 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 ulnar neuropathy at the elbow and in particular, includes a revised definition of 'trauma to the affected elbow' to ensure that the factors concerning trauma to the affected elbow 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 ulnar neuropathy at the elbow (Balance of Probabilities) (No. 45 of 2020) amends the Statement of Principles concerning ulnar neuropathy at the elbow (Balance of Probabilities) (No. 66 of 2017) under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This amendment, determined by the Repatriation Medical Authority, aims to facilitate the assessment and determination of claims for veterans and current or former Defence Force members suffering from ulnar neuropathy at the elbow. The primary objective is to ensure that the factors connecting this condition with service are determined based on sound medical-scientific evidence and to revise the definition of 'trauma to the affected elbow' to include scenarios where symptoms and signs are masked by unconsciousness or analgesic medication. This legislative instrument is compatible with human rights, promoting the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health for veterans, current and former Defence Force members, and their dependents. The Authority, prior to determining this instrument, conducted an investigation and invited submissions from relevant parties, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and organisations representing veterans and service personnel. The instrument finalises the investigation and is deemed compatible with human rights as it does not derogate from any human rights and promotes the rights of affected individuals. The Authority ensures that the rights of those with disabilities are facilitated and that claims are determined without discrimination.

Scope and Application

The Amendment Statement of Principles concerning ulnar neuropathy at the elbow (Balance of Probabilities) (No. 45 of 2020) applies to veterans and current or former members of the Australian Defence Force who are seeking medical treatment and compensation for ulnar neuropathy at the elbow under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument is designed to facilitate the assessment and determination of claims by providing a revised definition of 'trauma to the affected elbow', thereby ensuring that the factors concerning trauma to the affected elbow are available to claimants whose symptoms and signs are masked by unconsciousness or analgesic medication. The instrument also aims to enhance the quality of medico-scientific outcomes, and it facilitates the review of related decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. This instrument does not specify exclusions or exemptions but extends the scope of claims for ulnar neuropathy at the elbow. It complements the existing Statement of Principles concerning ulnar neuropathy at the elbow (Balance of Probabilities) (No. 66 of 2017), replacing the existing definition of 'trauma to the affected elbow' in Schedule 1 – Dictionary. The instrument is compatible with human rights and does not derogate from any rights, instead promoting several human rights including the right to social security and the right to the enjoyment of the highest attainable standard of physical and mental health.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning ulnar neuropathy at the elbow (Balance of Probabilities) (No. 45 of 2020) amend the existing definition of 'trauma to the affected elbow' in Schedule 1 – Dictionary, which was originally set out in Statement of Principles concerning ulnar neuropathy at the elbow (Balance of Probabilities) (No. 66 of 2017). The amendment aims to facilitate claimants in making, and the Repatriation Commission in assessing, claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This is achieved by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have ulnar neuropathy at the elbow, particularly by including a revised definition of 'trauma to the affected elbow' to ensure that the factors concerning trauma to the affected elbow are available to claimants whose symptoms and signs are masked by unconsciousness or analgesic medication (section 2(2)). The obligations and requirements imposed by this Act on the parties and entities it governs are primarily centred around the facilitation of claims for medical treatment and compensation for veterans and Defence Force members who have ulnar neuropathy at the elbow. The Repatriation Medical Authority (the Authority) is required to ensure that the determination of the amended Statement of Principles is based on the available sound medical-scientific evidence. The Authority must also facilitate the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. Furthermore, the Authority must ensure that the determination is compatible with human rights and freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Any breach of the provisions of this Act may lead to civil or criminal consequences, although specific offences and penalties are not explicitly outlined in the text. However, it is worth noting that the Act is compatible with human rights and does not derogate from any human rights. This suggests that any breach might result in proceedings under the Human Rights (Parliamentary Scrutiny) Act 2011, where appropriate. The maximum penalties for offences under the VEA and the MRCA, in general, can include fines and imprisonment, depending on the severity of the offence. However, these penalties are not directly stated in the text of this specific Amendment Statement of Principles.

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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.