Statement of Principles concerning accommodation disorder (Reasonable Hypothesis) (No. 21 of 2026)

Administered by Department of Veterans' Affairs

Legislation au F2026L00145 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

ACCOMMODATION DISORDER

(REASONABLE HYPOTHESIS) (NO. 21 OF 2026)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning accommodation disorder (Reasonable Hypothesis) (No. 21 of 2026).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 38 of 2017 (Federal Register of Legislation No. F2017L00888) determined under subsection 196B(2) of the VEA concerning accommodation disorder.
  2.              The Authority is of the view that there is sound medical-scientific evidence that indicates that accommodation disorder and death from accommodation disorder can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles concerning accommodation disorder (Reasonable Hypothesis) (No. 21 of 2026).  This Instrument will in effect replace the repealed Statement of Principles.

Purpose and Operation

  1.              The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).
  2.              The Statement of Principles sets out the factors that must as a minimum exist, and which of those factors must be related to the following kinds of service rendered by a person:

 operational service under the VEA;

 peacekeeping service under the VEA;

 hazardous service under the VEA;

 British nuclear test defence service under the VEA;

 warlike service under the MRCA;

 non-warlike service under the MRCA,

before it can be said that a reasonable hypothesis has been raised connecting accommodation disorder or death from accommodation disorder, with the circumstances of that service.  The Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

  1.              This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 28 April 2025 concerning accommodation disorder in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.
  2.              The contents of this Instrument are in similar terms as the repealed Instrument.  Comparing this Instrument and the repealed Instrument, the differences include:
  • specifying a day of commencement for the Instrument in section 2;
  • revising the factor in subsection 9(4) concerning taking atropine or an atropine-like medication;
  • revising the factor in subsection 9(5) concerning taking a medication from the specified list;
  • new factor in subsection 9(6) concerning taking a medication at the time of clinical onset or clinical worsening;
  • revising the definitions of medication from the specified list  in Schedule 1 - Dictionary.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to accommodation disorder in the Government Notices Gazette of 28 April 2025, 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.  No submissions were received for consideration by the Authority in relation to the investigation.

Human Rights

  1.              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

  1.          The determining of this Instrument finalises the investigation in relation to accommodation disorder as advertised in the Government Notices Gazette of 28 April 2025.

References

  1.          A list of references relating to the above condition is available on the Authority's website at: www.rma.gov.au. Any other document referred to in this Statement of Principles is available on request to the Repatriation Medical Authority at the following address:

              

Email:    info@rma.gov.au

Post:      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.:   Statement of Principles No. 21 of 2026

Kind of Injury, Disease or Death: accommodation disorder

 

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:-

  • facilitates claimants in making, and the Repatriation Commission and the Military Rehabilitation and Compensation 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 accommodation disorder;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • outlines the 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 accommodation disorder with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 38 of 2017; and
  • reflects developments in the available sound medical-scientific evidence concerning accommodation disorder 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, ICESCR; 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, ICESCR 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 Statement of Principles concerning accommodation disorder (Reasonable Hypothesis) (No. 21 of 2026), enacted under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was introduced to address the need for updated medical-scientific evidence regarding accommodation disorder and its relation to particular kinds of service. This Statement of Principles, determined by the Repatriation Medical Authority pursuant to subsection 196B(2) of the VEA, aims to facilitate claims and assessments for veterans and Defence Force members who have developed accommodation disorder. The Authority concluded that there is sufficient sound medical-scientific evidence to establish a connection between accommodation disorder and specific service circumstances, thus replacing the previous Statement of Principles from 2017 to reflect recent developments in the understanding of this condition. The policy objective of this legislative instrument is to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting the human rights of veterans and their dependents, including their rights to social security, adequate living standards, and health. This Legislative Instrument improves the quality of medico-scientific outcomes under the VEA and the MRCA by clearly outlining the factors that must exist for a reasonable hypothesis to be raised connecting accommodation disorder to eligible service. It facilitates the assessment and determination of claims, compensation, and benefits, ensuring these processes are conducted without discrimination and in accordance with international human rights standards. The instrument is compatible with human rights as it promotes the rights of veterans and their dependents, including their rights to social security, adequate living standards, and health, while ensuring these rights are exercised without discrimination.

Scope and Application

The Statement of Principles concerning accommodation disorder (Reasonable Hypothesis) (No. 21 of 2026) applies to veterans and Defence Force members who are making claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The principles are designed to facilitate the process by which claims for accommodation disorder, which is a condition related to particular kinds of service such as operational, peacekeeping, hazardous, British nuclear test defence service, warlike, and non-warlike service, can be assessed and approved. The instrument outlines the necessary factors that must exist to raise a reasonable hypothesis connecting accommodation disorder with the service circumstances. This legislation operates on a Commonwealth level and aims to ensure that claims are assessed based on the most current sound medical-scientific evidence. Exclusions or exemptions are not explicitly mentioned, but the instrument's application is limited to the specified service conditions and the presence of the outlined factors. The instrument can be extended or restricted through subordinate instruments, although no such extensions or restrictions are detailed in the explanatory statement.

Key Provisions

The primary operative sections of the Statement of Principles concerning accommodation disorder (Reasonable Hypothesis) (No. 21 of 2026) set out the circumstances under which a reasonable hypothesis may be considered to exist, connecting accommodation disorder or death from accommodation disorder to specific kinds of service rendered by a person, as outlined in section 5 of the Explanatory Statement (subsections 5(1) to 5(6)). These sections (subsections 9(1) to 9(6)) detail the factors that must be present and their relation to particular types of service, such as operational, peacekeeping, hazardous, British nuclear test defence, warlike, and non-warlike services under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This Instrument repeals the previous Statement of Principles (Instrument No. 38 of 2017) and incorporates revisions based on the latest available sound medical-scientific evidence. The obligations and requirements imposed by the Act on the parties and entities it governs include the necessity for claimants to demonstrate that the specified factors exist and are related to their service, as outlined in the Statement of Principles. This involves providing evidence that supports the connection between accommodation disorder and their service, ensuring that claims are assessed in a manner consistent with the latest medical-scientific evidence. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are tasked with evaluating these claims based on the principles set forth in the Act, ensuring that the assessment process is transparent and informed by the best available evidence. Additionally, the Veterans' Review Board and the Administrative Appeals Tribunal must review decisions made by the Commissions, ensuring that the process is fair and just. The Act also delineates various offences, penalties, and consequences for breaches of its provisions. While the Explanatory Statement does not explicitly detail criminal penalties, it is clear that non-compliance with the requirements for claiming benefits or providing evidence could lead to civil consequences, including the potential for claims to be denied. The Statement of Principles itself is a technical instrument designed to improve the quality of medico-scientific outcomes under the VEA and the MRCA, thereby ensuring that the rights of veterans and Defence Force members are upheld. The compatibility of the Instrument with human rights is affirmed, ensuring that it promotes the rights of veterans and their dependents without discrimination. In conclusion, the Statement of Principles concerning accommodation disorder (Reasonable Hypothesis) (No. 21 of 2026) serves to establish clear criteria for connecting accommodation disorder to specific types of military service, facilitating the claims process under the VEA and the MRCA. It imposes obligations on claimants to provide evidence supporting their claims and on the Commissions to assess these claims based on the latest medical-scientific evidence. While specific penalties are not detailed in the Statement, the implications of non-compliance could lead to civil consequences, including the denial of claims. The compatibility with human rights ensures that the rights of veterans and their dependents are protected and promoted.

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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.