Amendment Statement of Principles concerning ulnar neuropathy at the elbow (Reasonable Hypothesis) (No. 44 of 2020)

Administered by Department of Veterans' Affairs

Legislation au F2020L00505 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

ULNAR NEUROPATHY AT THE ELBOW

(REASONABLE HYPOTHESIS) (NO. 44 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  (Reasonable Hypothesis) (No. 44 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 ulnar neuropathy at the elbow (Reasonable Hypothesis) (No. 44 of 2020).

3.             This Instrument amends Statement of Principles concerning ulnar neuropathy at the elbow (Reasonable Hypothesis) (No. 65 of 2017) (Federal Register of Legislation No. F2017L01451) 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. 44 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(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. 65 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 (Reasonable Hypothesis) (No. 44 of 2020) is an instrument determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument aims to address the need for a more precise and comprehensive definition of "trauma to the affected elbow" for claimants suffering from ulnar neuropathy at the elbow, ensuring that those whose symptoms and signs are masked by unconsciousness or analgesic medication can still qualify for benefits. This legislative amendment facilitates both the assessment and review processes for claimants, ensuring that they are evaluated fairly and comprehensively under the relevant Acts. The instrument is also designed to enhance the medico-scientific quality of outcomes by providing clearer criteria for eligibility, thus promoting the human rights of veterans and other eligible persons, including their right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. This amendment finalises the investigation into ulnar neuropathy at the elbow that was advertised in the Government Notices Gazette in February 2020. It also ensures compatibility with human rights, as it does not derogate from any human rights and actively promotes several, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

Scope and Application

The Amendment Statement of Principles concerning ulnar neuropathy at the elbow (Reasonable Hypothesis) (No. 44 of 2020) amends the existing Statement of Principles concerning ulnar neuropathy at the elbow (Reasonable Hypothesis) (No. 65 of 2017) under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative amendment applies to veterans and current or former Defence Force members who have been diagnosed with ulnar neuropathy at the elbow, a condition that may result from service, particularly in circumstances where symptoms and signs are masked by unconsciousness or analgesic medication. The amendment facilitates claims and assessments by ensuring that the definition of 'trauma to the affected elbow' is inclusive of such conditions, thereby improving the accuracy and fairness of benefits and compensation claims. The geographic reach of this Act is national, as it pertains to veterans and Defence Force members across Australia. The legislation does not specify any exclusions or exemptions, nor does it establish thresholds for eligibility. However, the authority to extend or restrict the application of this amendment may be provided through subordinate instruments under the relevant Acts. This instrument is compatible with human rights as it promotes the rights of veterans and their dependents, ensuring accessibility and fairness in the claims process.

Key Provisions

The Amendment Statement of Principles concerning ulnar neuropathy at the elbow (Reasonable Hypothesis) (No. 44 of 2020) amends the Statement of Principles concerning ulnar neuropathy at the elbow (Reasonable Hypothesis) (No. 65 of 2017). The key change is the revision of the definition of 'trauma to the affected elbow' in Schedule 1 – Dictionary (section 1). This revision ensures that factors concerning trauma to the affected elbow are available to claimants whose symptoms and signs are masked by unconsciousness or analgesic medication. 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). The Act imposes several obligations on the parties it governs. Firstly, it requires the Repatriation Medical Authority (the Authority) to conduct investigations and determine statements of principles concerning specific injuries, diseases, or deaths, such as ulnar neuropathy at the elbow. The Authority must base its determinations on available sound medical-scientific evidence and ensure compatibility with human rights. Secondly, it mandates the Authority to consult with relevant organisations and individuals, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and other stakeholders, before making its determinations. Thirdly, the Act requires the Authority to facilitate the review of its decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. Breaches of the provisions in the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004 can lead to various civil or criminal consequences. However, the Explanatory Statement does not specify maximum penalties for breaches in this particular context. Generally, penalties for breaches of these Acts can include fines and imprisonment, depending on the nature and severity of the breach. The specific penalties would be determined by the courts in individual cases, taking into account the relevant statutory provisions and the circumstances of the breach. The Act's focus is on ensuring that the rights and benefits of veterans, current and former Defence Force members, and their dependents are protected and facilitated.

Legal classification tags

Area of Law
Veterans' Law
Human Rights Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
Consultation Requirements
Human Rights Implications
Catchwords
Ulnar neuropathy at the elbow

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.