Statement of Principles concerning arachnoid cyst (Balance of Probabilities) (No. 12 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2024L01706 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

ARACHNOID CYST

(BALANCE OF PROBABILITIES) (NO. 12 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning arachnoid cyst (Balance of Probabilities) (No. 12 of 2025).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 92 of 2015 (Federal Register of Legislation No. F2015L00925) determined under subsection 196B(3) of the VEA concerning arachnoid cyst.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that arachnoid cyst and death from arachnoid cyst 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 arachnoid cyst (Balance of Probabilities) (No. 12 of 2025).  This Instrument will in effect replace the repealed Statement of Principles.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 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, arachnoid cyst or death from arachnoid cyst 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.

  1.              This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 1 November 2022 concerning arachnoid cyst 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:
  • adopting the latest revised Instrument format, which commenced in 2015;
  • specifying a day of commencement for the Instrument in section 2;
  • revising the factor in subsection 9(1) concerning having a moderate to severe traumatic brain injury, for clinical onset only;
  • revising the factor in subsection 9(2) concerning having concussion or a moderate to severe traumatic brain injury, for clinical worsening only;
  • revising the factors in subsection 9(3) & 9(4) concerning having trauma in the region of the affected site;
  • revising the factor in subsection 9(5) & 9(6) concerning undergoing spinal surgery;
  • revising the factor in subsection 9(7) concerning having intrathecal catheter placement;
  • revising the factor in subsection 9(8) concerning having a myelogram;
  • revising the factor in subsection 9(9) concerning having one of the following infections;
  • revising the factor in subsection 9(10) concerning having a subarachnoid haemorrhage within the cranium or spinal canal;
  • revising the factor in subsection 9(11) concerning having spinal adhesive arachnoiditis;
  • deleting cranial or vertebral osteomyelitis at the affected site from specified list of infections;
  • deleting factor concerning having autosomal dominant polycystic kidney disease; and
  • deleting the definition of 'specified list of infections'.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to arachnoid cyst 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.
  2.              On 27 September 2024, 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:
  • 8(2) & 8(8) deleting “cranial or vertebral osteomyelitis at the affected site” from specified list of infections;
  • 8(4) & 8(10) having autosomal dominant polycystic kidney disease;

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.  No changes were made to the proposed Instrument following this consultation process.

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 arachnoid cyst 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. 12 of 2025

Kind of Injury, Disease or Death: Arachnoid cyst

 

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 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 arachnoid cyst;
  • 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, arachnoid cyst 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. 92 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning arachnoid cyst 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 Arachnoid Cyst (Balance of Probabilities) (No. 12 of 2025) was enacted to address the need for a comprehensive understanding of the connection between arachnoid cysts and military service, thereby ensuring that veterans and service members receive appropriate compensation and medical treatment. This legislative instrument was introduced by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The primary objective is to outline the specific factors that must exist for arachnoid cysts or death from such cysts to be considered related to particular kinds of military service, thus facilitating claims and assessments under these Acts. By replacing the previous Instrument No. 92 of 2015, this new statement incorporates the latest medical-scientific evidence, ensuring that the criteria for compensation remain current and accurate. The Repatriation Medical Authority, through this Statement of Principles, aims to clarify and specify the circumstances under which arachnoid cysts can be connected to military service, thereby promoting the human rights of affected individuals. The instrument promotes rights such as social security, adequate living standards, and the highest attainable standard of physical and mental health, ensuring that these benefits are accessible without discrimination. This legislative instrument is fully compatible with human rights, as it neither derogates from any human rights nor discriminates against any group, thus supporting the fair treatment and compensation of veterans and service members with arachnoid cysts.

Scope and Application

The Statement of Principles concerning arachnoid cyst (Balance of Probabilities) (No. 12 of 2025) applies to claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It outlines the factors that must exist, and which of those factors must be related to eligible war service, defence service, or peacetime service, for it to be said that, on the balance of probabilities, arachnoid cyst or death from arachnoid cyst is connected with the circumstances of that service. This instrument serves to replace the previously repealed Instrument No. 92 of 2015, reflecting developments in the available sound medical-scientific evidence concerning arachnoid cyst since the earlier instrument was determined. The instrument is applicable across the Commonwealth of Australia and has been determined by the Repatriation Medical Authority under subsection 196B(3) of the VEA. There are no stated exclusions, exemptions, or thresholds in this instrument, although its application may be extended or restricted through subordinate instruments. This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights. The Statement of Principles has been developed following an investigation into arachnoid cyst, as notified by the Authority in the Government Notices Gazette of 1 November 2022. The Authority considered sound medical-scientific evidence available to it, including the evidence it had previously considered. The Authority advertised its intention to undertake the investigation and invited submissions from a wide range of organisations and individuals with relevant expertise, although no submissions were received. The Authority also provided an opportunity for organisations representing veterans, service personnel, and their dependants to make representations on the proposed instrument prior to its determination, again with no submissions received. The instrument finalises the investigation in relation to arachnoid cyst as advertised.

Key Provisions

The main operative sections of this Statement of Principles outline the circumstances under which arachnoid cyst or death from arachnoid cyst can be connected with service in the armed forces, based on the available sound medical-scientific evidence (subsections 9(1) to 9(11)). Specifically, section 2 of the Instrument specifies the commencement date, while subsections 9(1) to 9(11) detail various medical conditions and events that must exist for a connection to be considered on the balance of probabilities. These include moderate to severe traumatic brain injury, concussion, trauma in the region of the affected site, spinal surgery, intrathecal catheter placement, myelogram, certain infections, subarachnoid haemorrhage, and spinal adhesive arachnoiditis. Additionally, this Statement of Principles sets out the kinds of service that must be related to these factors for a connection to be established (subsection 5). The obligations and requirements imposed by this Act on the parties or entities it governs include the necessity for claimants to provide evidence that meets the criteria outlined in the Statement of Principles when seeking medical treatment or compensation under the Veterans' Entitlements Act 1986 (VEA) or the Military Rehabilitation and Compensation Act 2004 (MRCA). The Repatriation Commission and the Military Rehabilitation and Compensation Commission are required to assess these claims based on the factors specified in the Statement of Principles. This ensures that decisions regarding the eligibility for benefits are made in a consistent and evidence-based manner. Any offences, penalties, or civil/criminal consequences for breach of this legislation are not explicitly stated in the text provided. However, breaches of the requirements to provide accurate and truthful information when making claims under the VEA or MRCA could potentially lead to legal consequences such as fines or imprisonment under the relevant acts. The maximum penalties for such offences would be determined by the provisions of the VEA and MRCA. Additionally, any failure to comply with the obligations set out in the Statement of Principles could result in the denial of claims, which would have significant implications for the affected individuals. In summary, the Statement of Principles sets out the medical and service-related factors that must be present for a connection to be made between arachnoid cyst or death from arachnoid cyst and armed forces service. It imposes obligations on claimants to provide evidence meeting these criteria and on the relevant Commissions to assess claims accordingly. While specific penalties for breach are not mentioned, failure to comply with the requirements could lead to the denial of claims and potential legal consequences under the VEA and MRCA.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Consultation Requirements

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.