Statement of Principles concerning aplastic anaemia (Balance of Probabilities) (No. 59 of 2020)

Administered by Department of Veterans' Affairs

Legislation au F2020L01088 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

APLASTIC ANAEMIA

(BALANCE OF PROBABILITIES) (NO. 59 OF 2020)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning aplastic anaemia (Balance of Probabilities) (No. 59 of 2020).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 51 of 2012 (Federal Register of Legislation No. F2012L01793) determined under subsections 196B(3) and (8) of the VEA concerning aplastic anaemia.

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that aplastic anaemia and death from aplastic anaemia can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(3) of the VEA a Statement of Principles concerning aplastic anaemia (Balance of Probabilities) (No. 59 of 2020).  This Instrument will in effect replace the repealed Statement of Principles.

Purpose and Operation

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

5.             The Statement of Principles sets out the factors that must exist, and which of those factors must be related to the following kinds of service rendered by a person:

 eligible war service (other than operational service) under the VEA;

 defence service (other than hazardous service and British nuclear test defence service) under the VEA;

 peacetime service under the MRCA,

before it can be said that, on the balance of probabilities, aplastic anaemia or death from aplastic anaemia is connected with the circumstances of that service.  The Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

6.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 29 October 2019 concerning aplastic anaemia 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.

7.             The contents of this Instrument are in similar terms as the repealed Instrument.  Comparing this Instrument and the repealed 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 'aplastic anaemia' in subsection 7(2);
  • revising ICD-10-AM codes for 'aplastic anaemia' in subsection 7(3);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factor in subsection 9(2) concerning being treated with a drug specified in the Schedule 2 - Drugs, for clinical onset only;
  • new factor in subsection 9(3) concerning being treated with a drug, for clinical onset only;
  • revising the factor in subsection 9(4) concerning being exposed to benzene, for clinical onset only;
  • new factor in subsection 9(5) concerning inhaling, ingesting or having cutaneous contact with an organophosphate insecticide, for clinical onset only;
  • revising the factor in subsection 9(6) concerning acute hepatitis, for clinical onset only;
  • revising the factor in subsection 9(8) concerning autoimmune diseases, for clinical onset only;
  • new factor in subsection 9(9) concerning lymphocytic leukaemia/small lymphocytic lymphoma or T-cell large granular lymphocytic leukaemia, for clinical onset only;
  • revising the factor in subsection 9(10) concerning thymoma or thymic carcinoma, for clinical onset only;
  • new factor in subsection 9(11) concerning being pregnant, for clinical worsening;
  • deleting the factor concerning undergoing a course of therapeutic radiation for ankylosing spondylitis;
  • new definitions of 'MRCA' and 'VEA', in Schedule 1 - Dictionary;
  • revising the definitions of 'being exposed to benzene as specified', 'relevant service' by the inclusion of a note and 'specified list of autoimmune diseases' in Schedule 1 - Dictionary;
  • new table of specified drugs in Schedule 2 - Drugs; and
  • deleting the definition of 'a drug or a drug from a class of drugs from the specified list'.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to aplastic anaemia in the Government Notices Gazette of 29 October 2019, 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.

9.             On 16 April 2020, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed Instrument and the medical-scientific material considered by the Authority.  This letter emphasised the deletion of factors relating to undergoing a course of therapeutic radiation for ankylosing spondylitis within the three months before the clinical onset of aplastic anaemia.  The Authority provided an opportunity to the organisations to make representations in relation to the proposed Instrument prior to its determination.  No submissions were received for consideration by the Authority.  Non-substantial changes were made to the proposed Instrument following this consultation process.

Human Rights

10.         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

11.         The determining of this Instrument finalises the investigation in relation to aplastic anaemia as advertised in the Government Notices Gazette of 29 October 2019.

References

12.         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. 59 of 2020

Kind of Injury, Disease or Death: Aplastic anaemia

 

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:-

  • 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 aplastic anaemia;
  • 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 exist before it can be said that, on the balance of probabilities, aplastic anaemia is connected with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 51 of 2012; and
  • reflects developments in the available sound medical-scientific evidence concerning aplastic anaemia 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;
  • 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 aplastic anaemia (Balance of Probabilities) (No. 59 of 2020) was enacted to address the problem of linking aplastic anaemia and death from aplastic anaemia to particular kinds of service rendered by veterans and service personnel. This legislative instrument was developed under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, aiming to establish the factors that must exist and be related to eligible war, defence, and peacetime services before it can be said that aplastic anaemia or death from aplastic anaemia is connected with the circumstances of that service. The Repatriation Medical Authority, acting under the authority of the Veterans' Entitlements Act 1986, determined this Statement of Principles based on the sound medical-scientific evidence available, which indicates it is more probable than not that aplastic anaemia can be related to certain kinds of service. The primary objective of this legislation is to facilitate the assessment and determination of claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, ensuring that claimants receive appropriate medical treatment and compensation.

Scope and Application

The Statement of Principles concerning aplastic anaemia (Balance of Probabilities) (No. 59 of 2020) applies to veterans and current or former Defence Force members who may have developed aplastic anaemia as a result of their service. It is relevant for claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), and it outlines the medical and service-related factors that need to be present for aplastic anaemia to be considered connected with service on the balance of probabilities. The principles are applicable to various kinds of service, including eligible war service, defence service, and peacetime service, and they provide a framework for assessing claims based on sound medical-scientific evidence. The principles replace the previous Statement of Principles (No. 51 of 2012) and reflect the most recent medical-scientific evidence available. This legislative instrument is determined under subsection 196B(3) of the VEA and applies throughout Australia, governed by Commonwealth legislation. It does not include any explicit exclusions or thresholds, but rather focuses on the medical and service-related factors necessary for a claim to be assessed favourably. The Statement of Principles does not specify any particular exemptions, but it is important to note that the determination of a claim under the VEA or MRCA will still require a comprehensive assessment of the individual circumstances and evidence presented. The Authority may also extend or restrict the application of these principles through subordinate instruments or further investigations as new medical-scientific evidence becomes available. This ensures that the principles remain current and reflective of the best available evidence. The compatibility of this instrument with human rights is affirmed, as it promotes the rights of veterans and Defence Force members without derogating from any human rights.

Key Provisions

The Statement of Principles concerning aplastic anaemia (Balance of Probabilities) (No. 59 of 2020) under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) outlines the specific conditions under which aplastic anaemia and death from aplastic anaemia can be considered connected to certain types of service rendered by a person (sections 5 and 6). This involves identifying the necessary factors that must exist and be related to eligible war service, defence service, and peacetime service. These factors include exposure to certain drugs, benzene, organophosphate insecticides, and other conditions like acute hepatitis and autoimmune diseases (subsection 9). The Statement of Principles replaces the previous Instrument No. 51 of 2012 and incorporates updated medical-scientific evidence. The Act imposes several obligations on the parties involved. Claimants must provide evidence that aligns with the specified factors outlined in the Statement of Principles to substantiate their claims for benefits under the VEA and MRCA. The Repatriation Commission is tasked with assessing these claims based on the sound medical-scientific evidence provided. Additionally, the Authority is required to review and revise the Statement of Principles as new evidence emerges, ensuring the criteria for claims remain current and accurate (subsections 6 and 7). Breaching the requirements set out in the Statement of Principles can lead to various consequences. For claimants, failure to meet the specified criteria may result in the denial of benefits or compensation. The Repatriation Commission may reject claims that do not align with the medical-scientific evidence as outlined in the Statement of Principles. Furthermore, any deliberate falsification of evidence to support a claim could potentially lead to civil or criminal penalties under the respective Acts, although specific penalties are not detailed in the Statement of Principles. The overarching aim is to ensure that benefits and compensation are awarded fairly and based on sound medical-scientific evidence.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Human Rights Law

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.