Statement of Principles concerning blepharitis (Balance of Probabilities) (No. 30 of 2019)

Administered by Department of Veterans' Affairs

Legislation au F2019L00252 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

BLEPHARITIS

(BALANCE OF PROBABILITIES) (NO. 30 OF 2019)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning blepharitis (Balance of Probabilities) (No. 30 of 2019).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 64 of 2010 (Federal Register of Legislation No. F2010L02303) determined under subsection 196B(3) of the VEA concerning blepharitis.

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that blepharitis and death from blepharitis 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 blepharitis (Balance of Probabilities) (No. 30 of 2019).  This Instrument will in effect replace the repealed Statement of Principles.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, blepharitis or death from blepharitis 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 14 November 2017 concerning blepharitis 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 'blepharitis' in subsection 7(2);
  • revising the factors in subsections 9(1) & 9(16) concerning 'infection of the affected eyelid';
  • new factors in subsections 9(2) & 9(17) concerning 'infestation of the affected eyelid region';
  • revising the factors in subsections 9(5) & 9(19) concerning 'rosacea of the periocular region';
  • new factors in subsections 9(6) & 9(20) concerning 'psoriasis of the periocular region';
  • new factors in subsections 9(7) & 9(21) concerning 'discoid lupus erythematosus of the periocular region';
  • revising the factors in subsections 9(8) & 9(22) concerning 'ocular or periocular exposure to an allergen';
  • revising the factors in subsections 9(9) & 9(23) concerning 'irritant substance exposure';
  • revising the factors in subsections 9(10) & 9(24) concerning 'mustard gas exposure';
  • revising the factors in subsections 9(11) & 9(25) concerning 'a course of therapeutic radiation';
  • revising the factors in subsections 9(12) & 9(26) concerning 'a benign or malignant neoplasm';
  • new factors in subsections 9(13) & 9(27) concerning 'dry eye disease';
  • revising the factors in subsections 9(14) & 9(28) concerning 'an immunocompromised state';
  • new factor in subsection 9(15) concerning 'oral isotretinoin or oral acitretin', for clinical onset only;
  • deleting the factors concerning 'diabetes mellitus';
  • deleting the factors concerning 'infestation of Phthirus pubis' as they are subsumed by the factors in subsections 9(2) & 9(17) concerning 'infestation of the affected eyelid region';
  • deleting the factors concerning 'infestation of Demodex folliculorum or Demodex brevis mites' as they are subsumed by the factors in subsections 9(2) & 9(17) concerning 'infestation of the affected eyelid region';
  • deleting the factors concerning 'vitamin A or vitamin B complex deficiency' as they are subsumed by the factors in subsections 9(14) & 9(28) concerning 'an immunocompromised state';
  • deleting the factors concerning 'xerophthalmia' as they are subsumed by the factors in subsections 9(13) & 9(27) concerning 'dry eye disease';
  • deleting the factor concerning 'treatment with an epidermal growth factor receptor inhibitor' as it is subsumed by the factor in subsection 9(14) and now included in the factor in subsection 9(28) concerning 'an immunocompromised state';
  • deleting the factor concerning 'treatment with hydroxyurea or indinavir' as it is subsumed by the factor in subsection 9(16) and now included in the factor in subsection 9(32) concerning 'an immunocompromised state';
  • new definitions of 'chronic renal failure', 'dry eye disease', 'immunocompromised state as specified', 'immunosuppressive drug', 'infection of the affected eyelid', 'MRCA', 'specified list of parasites' and 'VEA' in Schedule 1- Dictionary;
  • revising the definitions of 'allergen', 'irritant substance' and 'relevant service' in Schedule 1 - Dictionary; and
  • deleting the definitions of 'a course of therapeutic radiation', 'an immunocompromised state', 'an infection of the eyelid' and 'ocular rosacea'.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to blepharitis in the Government Notices Gazette of 14 November 2017, 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, 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 during the investigation.

9.             On 11 October 2018, 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 diabetes mellitus.  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.  Minor 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 blepharitis as advertised in the Government Notices Gazette of 14 November 2017.

References

12.         A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA.  Any such request must be made in writing to the Repatriation Medical Authority at the following address:

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. 30 of 2019

Kind of Injury, Disease or Death: Blepharitis

 

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(8) 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 linking 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 blepharitis;
  • 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, blepharitis 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. 64 of 2010; and
  • reflects developments in the available sound medical-scientific evidence concerning blepharitis 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 blepharitis (Balance of Probabilities) (No. 30 of 2019) was enacted to address the need for updated medical-scientific evidence regarding the connection between blepharitis and certain types of service. This instrument was determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans' Entitlements Act 1986 and applies to claims under both the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The policy objective is to facilitate claimants in making and the Repatriation Commission in assessing claims, while ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thus promoting the human rights of veterans, current and former Defence Force members, and their dependents. This instrument replaces the previously repealed Instrument No. 64 of 2010, reflecting advancements in medical-scientific evidence since its inception. The Statement of Principles outlines the factors that must exist, and which of those factors must be related to particular kinds of service, before it can be said that, on the balance of probabilities, blepharitis or death from blepharitis is connected with the circumstances of that service. This legislative instrument is compatible with human rights, as it does not derogate from any human rights and promotes various human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. This instrument was determined following an investigation notified by the Authority in the Government Notices Gazette of 14 November 2017, and no submissions were received for consideration by the Authority during the investigation.

Scope and Application

The Statement of Principles concerning blepharitis (Balance of Probabilities) (No. 30 of 2019) applies to claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It specifies the circumstances in which medical treatment and compensation can be extended to eligible persons who have blepharitis, outlining the factors which must exist before it can be said that, on the balance of probabilities, blepharitis is connected with the circumstances of eligible service rendered by a person. The Instrument applies to claims made by veterans, current and former Defence Force members, and other eligible persons, and facilitates the assessment of claims by the Repatriation Commission, the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal, and the determination of social security benefits. The Instrument does not specify any exclusions, exemptions, or thresholds. It replaces the earlier Instrument No. 64 of 2010 and reflects developments in the available sound medical-scientific evidence concerning blepharitis. The Instrument is assessed as a technical instrument that improves the medico-scientific quality of outcomes under the VEA and the MRCA. The Authority consulted with relevant organisations and persons prior to determining the Instrument, inviting submissions and providing an opportunity for representations, although no submissions were received. The Instrument is compatible with human rights, promoting the rights of veterans, current and former Defence Force members, and other eligible persons without derogating from any human rights.

Key Provisions

The Statement of Principles concerning blepharitis (Balance of Probabilities) (No. 30 of 2019) (the Instrument) outlines the factors that must exist, and which of those factors must be related to certain kinds of service rendered by a person, before it can be said that, on the balance of probabilities, blepharitis or death from blepharitis is connected with the circumstances of that service (section 5). This Instrument will be applied in determining claims under the Veterans' Entitlements Act 1986 (the VEA) and the Military Rehabilitation and Compensation Act 2004 (the MRCA) (section 4). The Instrument specifies that the kinds of service that must be related to the factors include eligible war service, defence service, and peacetime service (section 5). The Instrument imposes several obligations on parties and entities governed by the VEA and MRCA. Claimants must provide evidence that the factors outlined in the Instrument exist and are related to the relevant service rendered. The Repatriation Commission is required to assess claims based on the evidence provided and the criteria set out in the Instrument. The Veterans' Review Board and the Administrative Appeals Tribunal have the responsibility to review decisions made by the Repatriation Commission. The Instrument ensures that the assessment and determination of claims are based on the most current and sound medical-scientific evidence available. The Act does not explicitly outline offences, penalties, or civil/criminal consequences for breach in relation to the Statement of Principles. However, any failure to comply with the requirements of the VEA or MRCA in the context of claim submissions, assessments, or reviews could potentially lead to legal consequences under those Acts. For instance, providing false or misleading information in a claim could be considered fraud under the VEA, which carries a maximum penalty of 5 years imprisonment or a fine of up to $21,000 (section 174). Similarly, under the MRCA, making a false statement or representation can result in penalties (section 148). It is important to note that these penalties pertain to the broader legislative frameworks of the VEA and MRCA and not specifically to the Statement of Principles itself. In conclusion, the Statement of Principles concerning blepharitis (Balance of Probabilities) (No. 30 of 2019) sets out the criteria for determining the connection between blepharitis and certain kinds of service under the VEA and MRCA. It ensures that claims are assessed based on the latest medical-scientific evidence and facilitates the review of decisions made by the Repatriation Commission. While the Instrument itself does not outline specific offences or penalties, failure to comply with the broader requirements of the VEA and MRCA could result in legal consequences.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
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.