Statement of Principles concerning Achilles tendinopathy and bursitis (Reasonable Hypothesis) (No. 96 of 2015)

Administered by Department of Veterans' Affairs

Legislation au F2015L01336 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 96 of 2015

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), revokes Instrument No. 37 of 2007, determined under subsection 196B(2) of the VEA concerning Achilles tendinopathy and bursitis.
  2. The Authority is of the view that there is sound medical-scientific evidence that indicates that Achilles tendinopathy and bursitis and death from Achilles tendinopathy and bursitis 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 Achilles tendinopathy and bursitis (Reasonable Hypothesis) (No. 96 of 2015).  This Instrument will in effect replace the revoked Statement of Principles.

Purpose and Operation

3.             The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).

4.             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 Achilles tendinopathy or bursitis or death from Achilles tendinopathy or bursitis, with the circumstances of that service.  The Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

5.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 31 October 2012 concerning Achilles tendinopathy and bursitis 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.

6.             The contents of this Instrument are in similar terms as the revoked Instrument.  Comparing this Instrument and the revoked Instrument, the differences include:

  • adopting the latest revised Instrument format, which commenced in 2015;
  • specifying a day of commencement for the Instrument in section 2;
  • revising the definition of 'Achilles tendinopathy' in subsection 7(2);
  • new factors in subsections 9(1) & 9(12) concerning 'running or jogging';
  • revising factors in subsections 9(2) & 9(13) concerning 'weight bearing exercise';
  • new factors in subsections 9(3) & 9(14) concerning 'increasing the frequency, duration or intensity of weight bearing activity';
  • revising factors in subsections 9(4) & 9(15) concerning 'systemic arthritic diseases';
  • revised factors in subsections 9(5) & 9(16) concerning 'significant biomechanical abnormality';
  • new factors in subsections 9(8) & 9(19) concerning 'glucocorticoid drugs';
  • new factor in subsection 9(20) concerning 'glucocorticoid injection', for clinical worsening only;
  • new factors in subsection 9(9) & 9(21) concerning 'being obese';
  • new factors in subsection 9(10) & 9(22) concerning 'diabetes mellitus';
  • new factors in subsection 9(11) & 9(23) concerning 'an aromatase inhibitor';
  • new definitions of 'being obese', 'glucocorticoid drug as specified', 'MRCA', 'specified list of systemic arthritic diseases' and 'VEA' in Schedule 1 - Dictionary;
  • revising the definitions of 'relevant service' and 'significant biomechanical abnormality' in Schedule 1 - Dictionary; and
  • deleting the definitions of 'a systemic arthritic disease' and 'reactive arthropathy'.

Consultation

7.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to Achilles tendinopathy and bursitis in the Government Notices Gazette of 31 October 2012, 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.  No submissions were received for consideration by the Authority during the investigation.

Human Rights

8.             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

9.             The determining of this Instrument finalises the investigation in relation to Achilles tendinopathy and bursitis as advertised in the Government Notices Gazette of 31 October 2012.

References

10.         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.:   Statement of Principles No. 96 of 2015

Kind of Injury, Disease or Death: Achilles tendinopathy and bursitis

 

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).

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 Achilles tendinopathy or bursitis;
  • 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 Achilles tendinopathy or bursitis with the circumstances of eligible service rendered by a person, as set out in clause 4 of the Explanatory Notes;
  • replaces Instrument No. 37 of 2007; and
  • reflects developments in the available sound medical-scientific evidence concerning Achilles tendinopathy and bursitis 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; and
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD).

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 Repatriation Medical Authority Instrument No. 96 of 2015, published under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the medical condition of Achilles tendinopathy and bursitis, particularly in relation to veterans and Defence Force members. This legislative instrument was enacted to provide clarity and updated criteria for the assessment of claims related to these conditions, replacing the previous Instrument No. 37 of 2007. The primary objective is to ensure that claimants and the Repatriation Commission have a clear framework for assessing and determining eligibility for benefits and compensation. The instrument is based on the latest medical-scientific evidence and is designed to facilitate the review of decisions by relevant authorities. It reflects developments in the understanding of Achilles tendinopathy and bursitis since the previous instrument was determined, ensuring that the assessment process is both accurate and fair. This instrument promotes human rights by ensuring reasonable, proportionate, and transparent conditions for benefit eligibility, thereby supporting the right to social security and an adequate standard of living for veterans and Defence Force members.

Scope and Application

The Repatriation Medical Authority Instrument No. 96 of 2015, issued under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, revokes the previous Instrument No. 37 of 2007 concerning Achilles tendinopathy and bursitis. The new Instrument outlines the Statement of Principles that must be met for a reasonable hypothesis to be raised connecting Achilles tendinopathy or bursitis with certain kinds of service, including operational, peacekeeping, hazardous, and British nuclear test defence service under the Veterans' Entitlements Act, and warlike and non-warlike service under the Military Rehabilitation and Compensation Act. The Instrument aims to facilitate the assessment and determination of claims by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons. It is compatible with human rights, promoting various rights including social security, adequate living standards, and physical and mental health. The Instrument is a technical document that replaces the previous one, reflecting recent medical-scientific evidence and aims to improve the quality of outcomes under the VEA and MRCA.

Key Provisions

The primary provisions of the Repatriation Medical Authority Instrument No. 96 of 2015 concern the Statement of Principles (Reasonable Hypothesis) regarding Achilles tendinopathy and bursitis, as detailed in sections 2 to 9. This Instrument revokes the previous Statement of Principles (Instrument No. 37 of 2007) and sets out the new factors and definitions that must be considered in assessing claims related to Achilles tendinopathy and bursitis under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Instrument stipulates the types of service (such as operational, peacekeeping, hazardous, and warlike service) that must be related to the condition to establish a reasonable hypothesis connecting the condition with the service (section 4). The factors to be considered include running or jogging, weight-bearing exercises, biomechanical abnormalities, systemic arthritic diseases, and certain medications such as glucocorticoid drugs and aromatase inhibitors (sections 9(1) to 9(23)). The obligations imposed by the Act on parties and entities include the requirement for claimants to provide evidence linking their Achilles tendinopathy or bursitis to the specified types of service (sections 4 and 9). The Repatriation Commission must assess claims based on the factors outlined in the Statement of Principles, ensuring that the assessment process is informed by the latest sound medical-scientific evidence. Additionally, the Veterans' Review Board and the Administrative Appeals Tribunal are required to review decisions made under this Instrument, ensuring that the review process is fair and transparent. There are no explicit offences or penalties mentioned in the text for breaches of the Instrument itself. However, under the VEA and the MRCA, there may be broader obligations and potential consequences for misrepresentation or fraudulent claims, which could lead to civil or criminal penalties. These penalties could include fines and imprisonment, depending on the severity of the breach. The maximum penalties for such offences are outlined in the respective Acts, but the specific details are not provided in the text of this Instrument.

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Area of Law
Veterans Law
Health Law
Instrument
Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
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Achilles tendinopathy
bursitis

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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.