Statement of Principles concerning Achilles tendinopathy (Reasonable Hypothesis) (No. 86 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L01337 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

ACHILLES TENDINOPATHY

(REASONABLE HYPOTHESIS) (NO. 86 OF 2024)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning Achilles tendinopathy (Reasonable Hypothesis) (No. 86 of 2024).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 96 of 2015 (Federal Register of Legislation No. F2015L01336) 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 death from Achilles tendinopathy 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 (Reasonable Hypothesis) (No. 86 of 2024).  This Instrument will in effect replace the repealed Statement of Principles.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 Achilles tendinopathy or death from Achilles tendinopathy, 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 1 November 2022 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.
  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 definition of 'Achilles tendinopathy' in subsection 7(2);
  • revising the factor in subsection 9(2) concerning undertaking weight bearing exercise;
  • revising the factor in subsection 9(3) concerning increasing the frequency, duration or intensity of activity involving the ankle joint;
  • revising the factor in subsection 9(4) concerning having one or more of the following conditions involving the affected lower limb;
  • revising the factor in subsection 9(5) concerning having one of the following systemic arthritic diseases;
  • revising the factor in subsection 9(6) concerning having chronic renal failure;
  • revising the factor in subsection 9(7) concerning being treated with fluoroquinolone antibiotic;
  • revising the factor in subsection 9(9) concerning having a glucocorticoid injection;
  • revising the factor in subsection 9(10) concerning being treated with an aromatase inhibitor;
  • revising the factor in subsection 9(11) concerning having a Body Mass Index (BMI) of 30 of greater;
  • revising the definition of 'glucocorticoid drug as specified in Schedule 1 - Dictionary; and
  • deleting the definitions of 'being obese', 'crystal-induced arthropathy', 'MET', 'significant biomechanical abnormality' and 'specified list of systemic arthritic diseases'.

Consultation

  1.              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 1 November 2022, 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 Achilles tendinopathy and bursitis as advertised in the Government Notices Gazette of 1 November 2022.

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. 86 of 2024

Kind of Injury, Disease or Death: Achilles tendinopathy

 

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 Achilles tendinopathy;
  • 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 with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 96 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning Achilles tendinopathy 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 Achilles tendinopathy (Reasonable Hypothesis) (No. 86 of 2024) is an instrument determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Enacted in 2024, this legislation aims to address the gap in existing medical-scientific evidence that supports a connection between Achilles tendinopathy and certain types of military service. The instrument replaces the previous Statement of Principles No. 96 of 2015, reflecting updated medical evidence and setting forth the minimum factors that must be present to establish a reasonable hypothesis linking Achilles tendinopathy to eligible service. This Statement of Principles will be applied in determining claims under the VEA and the MRCA, facilitating both the submission and assessment of claims by relevant commissions, and ensuring that claimants and their dependents receive appropriate compensation and treatment. The Authority determined this Statement of Principles following an investigation initiated in 2022, which involved a thorough review of the available medical-scientific evidence. This instrument ensures compatibility with human rights by not derogating from any human rights and by promoting the rights of veterans and their dependents, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The determination of this instrument finalises the investigation into Achilles tendinopathy and bursitis, providing a comprehensive framework for assessing related claims under the VEA and the MRCA.

Scope and Application

The Statement of Principles concerning Achilles tendinopathy (Reasonable Hypothesis) (No. 86 of 2024), determined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), applies to veterans and members of the Defence Force who are seeking compensation or medical treatment for Achilles tendinopathy. This Statement of Principles identifies the minimum factors that must be present and related to specific types of service, including operational, peacekeeping, hazardous, British nuclear test defence, warlike, and non-warlike service, to establish a reasonable hypothesis linking the condition to service. The instrument aims to facilitate the assessment and determination of claims under the VEA and MRCA by the Repatriation Commission and the Military Rehabilitation and Compensation Commission, respectively, and replaces the previously repealed Instrument No. 96 of 2015. It reflects the latest medical-scientific evidence available to the Repatriation Medical Authority, ensuring that the assessment of claims is based on sound and current scientific understanding. The instrument is designed to promote human rights, including the right to social security and an adequate standard of living, without discrimination, by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. This Statement of Principles is applicable on a national level, under the jurisdiction of the Commonwealth of Australia, and does not derogate from any human rights as it promotes the rights of veterans, current and former Defence Force members, and their dependents. The instrument facilitates the review of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal, ensuring that the process is fair and transparent. Any further application or restrictions of the principles are determined through subordinate instruments as necessary, maintaining the integrity and relevance of the legislative framework in addressing the specific needs of affected individuals.

Key Provisions

The Statement of Principles concerning Achilles tendinopathy (Reasonable Hypothesis) (No. 86 of 2024) (section 1) is a legislative instrument determined under subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA) and applies to claims under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). This Statement of Principles (section 2) outlines the factors that must exist to establish a reasonable hypothesis that Achilles tendinopathy or death from Achilles tendinopathy is related to specific types of military service, such as operational, peacekeeping, hazardous, British nuclear test defence service, warlike, or non-warlike service (section 5). The determination is based on sound medical-scientific evidence and follows an investigation notified in the Government Notices Gazette on 1 November 2022 (section 6). This new instrument replaces the previously repealed Instrument No. 96 of 2015 and reflects recent developments in medical-scientific evidence (section 7). The obligations imposed by this Statement of Principles require claimants to demonstrate that the factors specified in the document exist and are related to the service they performed. These factors include specific conditions and activities that may contribute to the development of Achilles tendinopathy, such as weight-bearing exercises, increased activity involving the ankle joint, certain medical conditions, and treatments (section 9). The VEA and MRCA require the Repatriation Commission and the Military Rehabilitation and Compensation Commission to consider these factors when assessing claims, ensuring that the claims process is based on sound medical-scientific evidence. Additionally, the Veterans' Review Board and the Administrative Appeals Tribunal must review any decisions made in accordance with these principles, ensuring that the claims process is fair and transparent (section 5). Breaches of the provisions in the Statement of Principles concerning Achilles tendinopathy could result in legal consequences, though the legislation itself does not explicitly state offences or penalties. However, under the VEA and the MRCA, failure to provide accurate information or presenting false evidence in a claim could be considered fraudulent and subject to penalties under the respective Acts. The VEA provides for penalties including fines and imprisonment for fraudulent claims (section 196D), while the MRCA may also impose penalties for providing false or misleading information (section 134). The maximum penalties under the VEA can include fines of up to $55,560 and/or imprisonment for up to five years for individuals, and up to $277,800 for bodies corporate (section 196D(4)). The MRCA similarly allows for fines and imprisonment for providing false or misleading information (section 134). These penalties underscore the importance of accuracy and honesty in the claims process governed by the VEA and the MRCA.

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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.