Statement of Principles concerning benign prostatic hyperplasia (Reasonable Hypothesis) (No. 13 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2024L01707 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

BENIGN PROSTATIC HYPERPLASIA

(REASONABLE HYPOTHESIS) (NO. 13 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning benign prostatic hyperplasia (Reasonable Hypothesis) (No. 13 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. 17 of 2016 (Federal Register of Legislation No. F2016L00240) determined under subsection 196B(2) of the VEA concerning benign prostatic hyperplasia.
  2.              The Authority is of the view that there is sound medical-scientific evidence that indicates that benign prostatic hyperplasia and death from benign prostatic hyperplasia 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 benign prostatic hyperplasia (Reasonable Hypothesis) (No. 13 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  This Instrument will in effect replace the repealed Statement of Principles.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 benign prostatic hyperplasia or death from benign prostatic hyperplasia, 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 7 November 2023 concerning benign prostatic hyperplasia 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 'benign prostatic hyperplasia' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4) (where applicable);
  • revising the factor in subsection 9(1) concerning inability to undertake any physical activity, for clinical onset only;
  • new factor in subsection 9(2) concerning having chronic prostatitis;
  • deleting factor concerning inability to undertake any physical activity, for clinical worsening only; and
  • deleting the definitions of 'MET'.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to benign prostatic hyperplasia in the Government Notices Gazette of 7 November 2023, 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 factor relating to inability to undertake any physical activity, for clinical worsening only.  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 benign prostatic hyperplasia as advertised in the Government Notices Gazette of 7 November 2023.

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. 13 of 2025

Kind of Injury, Disease or Death: Benign prostatic hyperplasia

 

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 benign prostatic hyperplasia;
  • 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 benign prostatic hyperplasia with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 17 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning benign prostatic hyperplasia 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 benign prostatic hyperplasia (Reasonable Hypothesis) (No. 13 of 2025) was determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans' Entitlements Act 1986 and is applicable for the purposes of both the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This Instrument was introduced to address the gap in the existing legislation concerning the connection between benign prostatic hyperplasia and specific service rendered by veterans. The Statement of Principles outlines the minimum factors that must exist, and which of those factors must be related to certain types of service, before it can be said that a reasonable hypothesis has been raised connecting benign prostatic hyperplasia or death from benign prostatic hyperplasia with the circumstances of that service. The purpose of this Instrument is to facilitate claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have benign prostatic hyperplasia. It replaces the previously repealed Statement of Principles No. 17 of 2016 and reflects developments in the available sound medical-scientific evidence concerning benign prostatic hyperplasia. The Instrument is compatible with human rights and promotes the rights of veterans, current and former Defence Force members, and their dependents by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, and by facilitating the assessment and determination of social security benefits and compensation.

Scope and Application

The Statement of Principles concerning benign prostatic hyperplasia (Reasonable Hypothesis) (No. 13 of 2025) applies to veterans and current or former members of the Australian Defence Force who are seeking benefits under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It specifies the factors that must exist for a reasonable hypothesis to be raised connecting benign prostatic hyperplasia or death from benign prostatic hyperplasia with service rendered by a person, including operational, peacekeeping, hazardous, British nuclear test defence service, warlike, and non-warlike service. This Instrument facilitates the process of making and assessing claims, and the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. The instrument was determined following an investigation and consultation process, with the Repatriation Medical Authority considering sound medical-scientific evidence and inviting submissions from relevant parties. The Instrument is compatible with human rights, promoting the rights of veterans, current and former Defence Force members, and their dependents. The Statement of Principles is applicable across Australia and is determined under the authority of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It replaces Instrument No. 17 of 2016, reflecting recent developments in medical-scientific evidence. The instrument is considered a technical one that enhances the quality of medico-scientific outcomes under the relevant Acts. It does not derogate from human rights and promotes various rights, including social security, an adequate standard of living, and health, without discrimination. The Authority ensures that the rights of those affected are upheld and exercised in accordance with international standards.

Key Provisions

The Statement of Principles concerning benign prostatic hyperplasia (Reasonable Hypothesis) (No. 13 of 2025) (the Statement of Principles) outlines the minimum factors that must exist to establish a reasonable hypothesis connecting benign prostatic hyperplasia with service rendered by a person under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). According to section 7(2) of the Statement of Principles, benign prostatic hyperplasia is defined as a non-cancerous enlargement of the prostate gland that can cause symptoms such as difficulty urinating or frequent urination. The Statement of Principles specifies the types of service that must be related to these factors, including operational, peacekeeping, hazardous, and British nuclear test defence service under the VEA, and warlike and non-warlike service under the MRCA. This is outlined in section 9(1) and (2) of the Statement of Principles. The Statement of Principles imposes obligations on claimants, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission to ensure that claims for benign prostatic hyperplasia are assessed in accordance with the specified factors. It also requires that any decisions made by these bodies are subject to review by the Veterans' Review Board and the Administrative Appeals Tribunal. The Authority is mandated to review the available sound medical-scientific evidence and update the Statement of Principles as necessary. Failure to comply with the requirements of the Statement of Principles can result in claims being denied or decisions being overturned on review. There are no specific offences, penalties, or consequences outlined in the Statement of Principles itself, but breaches of the VEA or MRCA, which the Statement of Principles is intended to assist in applying, can result in civil or criminal penalties. For example, making a false statement in a claim under the VEA can result in a penalty of up to five years imprisonment or a fine of up to $22,200, or both (section 167(1) of the VEA). Similarly, making a false statement in a claim under the MRCA can result in a penalty of up to two years imprisonment or a fine of up to $11,100, or both (section 189(1) of the MRCA). These penalties are in addition to any other civil or criminal consequences that may apply.

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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.