Statement of Principles concerning Barrett oesophagus (Reasonable Hypothesis) (No. 93 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L01295 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

 BARRETT OESOPHAGUS

(REASONABLE HYPOTHESIS) (NO. 93 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning Barrett oesophagus (Reasonable Hypothesis) (No. 93 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. 67 of 2016 (Federal Register of Legislation No. F2016L01135) determined under subsection 196B(2) of the VEA concerning Barrett's oesophagus.
  2.              The Authority is of the view that there is sound medical-scientific evidence that indicates that Barrett oesophagus and death from Barrett oesophagus 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 Barrett oesophagus (Reasonable Hypothesis) (No. 93 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 This Instrument will in effect replace the repealed Statement of Principles.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 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 Barrett oesophagus or death from Barrett oesophagus, 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 25 June 2024 concerning Barrett's oesophagus 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 'Barrett oesophagus' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factor in subsection 9(1) concerning having gastro-oesophageal reflux disease;
  • revising the factor in subsection 9(3) concerning a Body Mass Index (BMI) of 30 or greater;
  • new factor in subsection 9(4) concerning having systemic sclerosis; and
  • deleting the definitions of 'being obese' and 'BMI'.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to Barrett's oesophagus in the Government Notices Gazette of 25 June 2024, 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.  One submission was received for consideration by the Authority in relation to the investigation. 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 Barrett's oesophagus as advertised in the Government Notices Gazette of 25 June 2024.

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. 93 of 2025

Kind of Injury, Disease or Death: Barrett oesophagus

 

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 Barrett oesophagus;
  • 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 Barrett oesophagus with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 67 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning Barrett oesophagus 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 Barrett oesophagus (Reasonable Hypothesis) (No. 93 of 2025) is a legislative instrument established under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This Instrument was enacted by the Repatriation Medical Authority in response to the need for updated and comprehensive guidelines concerning the relationship between Barrett oesophagus, a condition of the oesophagus, and military service. The primary policy objective of this legislation is to facilitate the claims process for veterans and current or former Defence Force members suffering from Barrett oesophagus by setting out the minimum factors that must be present to establish a reasonable hypothesis linking the condition to specific types of service. This legislative instrument replaces the previous Statement of Principles No. 67 of 2016, reflecting advancements in medical-scientific evidence. The Statement of Principles aims to ensure that claimants and the relevant authorities have a clear understanding of the criteria needed to connect Barrett oesophagus or death from Barrett oesophagus with certain types of service, including operational, peacekeeping, hazardous, and British nuclear test defence service under the Veterans' Entitlements Act, and warlike or non-warlike service under the Military Rehabilitation and Compensation Act. By outlining these criteria, the legislation seeks to enhance the transparency and efficiency of the claims process, thereby promoting the human rights of veterans and their dependents by ensuring they have access to appropriate social security benefits and healthcare services.

Scope and Application

The Statement of Principles concerning Barrett oesophagus (Reasonable Hypothesis) (No. 93 of 2025) applies to veterans and current or former Defence Force members who have been diagnosed with Barrett oesophagus or who have died from the condition, seeking compensation or medical treatment under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004. This Instrument specifies the circumstances in which a reasonable hypothesis can be raised connecting Barrett oesophagus with service rendered by a person, such as operational, peacekeeping, hazardous, or British nuclear test defence service, as well as warlike or non-warlike service. The Instrument facilitates the assessment and determination of claims by the Repatriation Commission and the Military Rehabilitation and Compensation Commission and ensures that the qualifying conditions for the benefit are reasonable, proportionate, and transparent. The Instrument also promotes the human rights of veterans and Defence Force members by facilitating the assessment and determination of social security benefits and ensuring that those rights are exercised without discrimination. The Instrument is applicable across the Commonwealth of Australia and supersedes the previously determined Instrument No. 67 of 2016, reflecting developments in the available sound medical-scientific evidence concerning Barrett oesophagus. This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights, including the right to social security, the right to an adequate standard of living, the right to the enjoyment of the highest attainable standard of physical and mental health, and the rights of persons with disabilities. The Instrument ensures 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." The Authority considered one submission during the consultation process and made changes to the proposed Instrument accordingly. The contents of this Instrument are in similar terms as the repealed Instrument, with specified changes including the definition of 'Barrett oesophagus,' the inclusion of a new factor concerning systemic sclerosis, and the deletion of the definitions of 'being obese' and 'BMI.'

Key Provisions

The Statement of Principles concerning Barrett oesophagus (Reasonable Hypothesis) (No. 93 of 2025) is an important legislative instrument that replaces the previously repealed Instrument No. 67 of 2016. It is 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 instrument outlines the circumstances under which a reasonable hypothesis can be raised connecting Barrett oesophagus or death from Barrett oesophagus with specific kinds of service, including operational, peacekeeping, hazardous, and British nuclear test defence service under the VEA, and warlike and non-warlike service under the MRCA. The Statement of Principles sets out several factors that must exist to establish a connection between Barrett oesophagus and the service rendered. These factors include the presence of gastro-oesophageal reflux disease, a Body Mass Index (BMI) of 30 or greater, and having systemic sclerosis. It also specifies the types of service that must be related to these factors for a claim to be considered. The document revises certain definitions and factors from the repealed instrument to reflect current medical-scientific evidence and ensures that the instrument is compatible with human rights, as recognised or declared in international instruments. The obligations imposed by this Act on the parties it governs include the requirement for claimants to provide evidence that meets the criteria set out in the Statement of Principles. The Repatriation Commission and the Military Rehabilitation and Compensation Commission must assess these claims based on the specified factors and evidence. The Veterans' Review Board and the Administrative Appeals Tribunal also have roles in reviewing the decisions made by these Commissions, ensuring that the process is fair and transparent. Breach of the provisions set out in the Statement of Principles, such as providing false information or failing to meet the required criteria for a claim, may lead to civil or criminal consequences. While the specific offences and penalties are not detailed in the text, breaches of veterans' entitlement legislation can generally result in fines and, in some cases, imprisonment. The maximum penalties would depend on the nature and severity of the breach, as well as any relevant jurisdictional guidelines. In summary, the Statement of Principles concerning Barrett oesophagus (Reasonable Hypothesis) (No. 93 of 2025) provides a framework for determining eligibility for claims related to Barrett oesophagus under the VEA and MRCA. It imposes specific obligations on claimants and the Commissions responsible for assessing claims, and breaches of its provisions may result in civil or criminal penalties. The instrument ensures that the process is grounded in sound medical-scientific evidence and is compatible with human rights.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations

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.