Statement of Principles concerning cervical dystonia (spasmodic torticollis) (Balance of Probabilities) (No. 42 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00496 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

CERVICAL DYSTONIA (SPASMODIC TORTICOLLIS)

(BALANCE OF PROBABILITIES) (NO. 42 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning cervical dystonia (spasmodic torticollis) (Balance of Probabilities) (No. 42 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. 64 of 2016 (Federal Register of Legislation No. F2016L01139) determined under subsection 196B(3) of the VEA concerning spasmodic torticollis.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that cervical dystonia (spasmodic torticollis) and death from cervical dystonia (spasmodic torticollis) 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 cervical dystonia (spasmodic torticollis) (Balance of Probabilities) (No. 42 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  This Instrument will in effect replace the repealed Statement of Principles.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, cervical dystonia (spasmodic torticollis) or death from cervical dystonia (spasmodic torticollis) 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 25 June 2024 concerning spasmodic torticollis 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 'cervical dystonia (spasmodic torticollis)' in subsection 7(2); and
  • revising the reference to 'ICD-10-AM code' in subsection 7(4).


Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to spasmodic torticollis 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.  No submissions were received for consideration by the Authority in relation to the investigation.

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 spasmodic torticollis 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. 42 of 2025

Kind of Injury, Disease or Death: cervical dystonia (spasmodic torticollis)

 

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 cervical dystonia (spasmodic torticollis);
  • 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, cervical dystonia (spasmodic torticollis) 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 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning cervical dystonia (spasmodic torticollis) 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 cervical dystonia (spasmodic torticollis) (Balance of Probabilities) (No. 42 of 2025) was enacted to address the gap in the provision of medical treatment and compensation for veterans and members of the Defence Force suffering from cervical dystonia, also known as spasmodic torticollis. This Statement of Principles was determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, following an investigation into the condition. The primary objective is to facilitate the assessment and determination of claims related to cervical dystonia by specifying the factors that must be related to particular kinds of service to establish a connection on the balance of probabilities. This instrument replaces the previous Statement of Principles No. 64 of 2016 and incorporates the latest medical-scientific evidence. The Statement of Principles is designed to ensure that eligible claimants receive appropriate compensation and medical treatment, while also ensuring compatibility with human rights, including the right to social security and health. This instrument aims to streamline the process of claims assessment for veterans and Defence Force members suffering from cervical dystonia, ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. By setting out the specific circumstances under which cervical dystonia can be considered connected to service, the Statement of Principles facilitates the review of decisions by the relevant authorities and upholds the rights of veterans and their dependants under various international human rights instruments.

Scope and Application

The Statement of Principles concerning cervical dystonia (spasmodic torticollis) (Balance of Probabilities) (No. 42 of 2025) applies to claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It outlines the circumstances in which cervical dystonia, or death from cervical dystonia, can be considered related to eligible war service, defence service, or peacetime service. This determination is based on the available sound medical-scientific evidence and replaces the previously repealed Instrument No. 64 of 2016. It specifies the factors that must exist for such a connection to be made on the balance of probabilities, facilitating the assessment and determination of claims for medical treatment and compensation. This legislative instrument ensures that claimants can access the benefits to which they are entitled under the relevant Acts by providing clarity and guidance on the qualifying conditions, thus promoting human rights including the right to social security and adequate standard of living for veterans, current and former Defence Force members, and their dependents. The Statement of Principles has a national jurisdictional reach as it pertains to both Commonwealth Acts, the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It applies to individuals who are veterans or current or former Defence Force members who have cervical dystonia or who have died from cervical dystonia, provided their condition is connected with their service. The Instrument does not specify any exclusions, exemptions, or thresholds beyond the factors outlined for establishing the connection to service. The Authority may extend or restrict the application of this Statement of Principles through subordinate instruments if necessary, ensuring that the determination remains aligned with the latest medical-scientific evidence and legal requirements.

Key Provisions

The Statement of Principles concerning cervical dystonia (spasmodic torticollis) (Balance of Probabilities) (No. 42 of 2025), as determined under subsection 196B(3) of the Veterans' Entitlements Act 1986 (VEA), sets out the circumstances in which cervical dystonia (spasmodic torticollis) or death from cervical dystonia (spasmodic torticollis) can be considered connected to particular kinds of service rendered by a person. This Statement of Principles, which replaces Instrument No. 64 of 2016, is intended to assist in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). It outlines the medical-scientific evidence that must be considered when assessing whether cervical dystonia (spasmodic torticollis) is related to eligible war service, defence service, or peacetime service (sections 1-6). The Statement of Principles will be applied in the assessment of claims by the Repatriation Commission and the Military Rehabilitation and Compensation Commission, ensuring that the claims are evaluated based on the sound medical-scientific evidence available. The Statement of Principles imposes obligations on claimants to provide evidence of their service and any related medical conditions, and on the Repatriation Commission and the Military Rehabilitation and Compensation Commission to assess these claims based on the specified factors and evidence. The Statement of Principles also facilitates the review of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal, ensuring that the processes are transparent and based on current medical-scientific evidence. Furthermore, this legislative instrument is designed to improve the quality of medico-scientific outcomes under the VEA and the MRCA by incorporating the latest evidence concerning cervical dystonia (spasmodic torticollis). Breaches of the obligations or requirements set out in the Statement of Principles may have civil or criminal consequences. While the Statement of Principles itself does not specify particular offences or penalties, breaches of the broader Acts (VEA and MRCA) may lead to civil penalties, such as fines, or criminal penalties, including imprisonment, depending on the nature and severity of the breach. For instance, under the VEA, subsection 196B(8) provides for the repeal of previous statements of principles when new evidence is considered, which could have implications for ongoing claims. Additionally, any actions that lead to fraudulent claims or misrepresentation of facts could be subject to penalties under the general fraud provisions of Australian law. The Statement of Principles is compatible with human rights as it does not derogate from and promotes several human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. By ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, the Statement of Principles supports the rights of veterans, current and former Defence Force members, and their dependents. The determination of this Statement of Principles finalises the investigation concerning spasmodic torticollis as advertised in the Government Notices Gazette of 25 June 2024, and it reflects developments in the available sound medical-scientific evidence concerning cervical dystonia (spasmodic torticollis) since the earlier instrument was determined.

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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.