Statement of Principles concerning Creutzfeldt-Jakob disease (Balance of Probabilities) (No. 81 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L01109 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

CREUTZFELDT-JAKOB DISEASE

(BALANCE OF PROBABILITIES) (NO. 81 OF 2022)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning Creutzfeldt-Jakob disease (Balance of Probabilities) (No. 81 of 2022).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 77 of 2014 (Federal Register of Legislation No. F2014L01139) determined under subsection 196B(3) of the VEA concerning Creutzfeldt-Jakob disease.

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that Creutzfeldt-Jakob disease and death from Creutzfeldt-Jakob disease 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 Creutzfeldt-Jakob disease (Balance of Probabilities) (No. 81 of 2022).  This Instrument will in effect replace the repealed Statement of Principles.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, Creutzfeldt-Jakob disease or death from Creutzfeldt-Jakob disease 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 2 November 2021 concerning Creutzfeldt-Jakob disease 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 'Creutzfeldt-Jakob disease' in subsection 7(2);
  • including ICD-10-AM codes for 'Creutzfeldt-Jakob disease' in subsection 7(3);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factor in subsection 9(1) concerning receiving treatment involving a human tissue or product as specified;
  • revising the factor in subsection 9(2) concerning undergoing neurosurgery;
  • revising the factor in subsection 9(3) concerning variant Creutzfeldt-Jakob disease;
  • new definitions of 'MRCA' and 'VEA'   in the Schedule 1 - Dictionary; and
  • revising the definitions of 'human tissue or product as specified', 'relevant service' and 'variant Creutzfeldt-Jakob disease'               in Schedule 1 – Dictionary.

 

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to Creutzfeldt-Jakob disease in the Government Notices Gazette of 2 November 2021, 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

9.             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

10.         The determining of this Instrument finalises the investigation in relation to Creutzfeldt-Jakob disease as advertised in the Government Notices Gazette of 2 November 2021.

References

11.         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. 81 of 2022

Kind of Injury, Disease or Death: Creutzfeldt-Jakob disease

 

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 Creutzfeldt-Jakob disease;
  • 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, Creutzfeldt-Jakob disease 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. 77 of 2014; and
  • reflects developments in the available sound medical-scientific evidence concerning Creutzfeldt-Jakob disease 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 Creutzfeldt-Jakob disease (Balance of Probabilities) (No. 81 of 2022) was enacted to address the problem of establishing a connection between Creutzfeldt-Jakob disease (CJD) and military service, thereby facilitating claims for benefits and compensation under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative instrument was introduced by the Repatriation Medical Authority, acting under the authority vested in it by the VEA, to ensure that the determination of such connections is based on sound medical-scientific evidence. The primary policy objective is to provide clarity and guidance for claimants and the relevant authorities in assessing and determining claims related to CJD, ultimately ensuring that veterans and Defence Force members receive the appropriate benefits and compensation they are entitled to under the law. This legislative instrument outlines the necessary factors and circumstances that must be present for a connection to be made between CJD and certain types of military service, thus replacing the previous Statement of Principles No. 77 of 2014. The new Statement of Principles reflects the latest available medical-scientific evidence and adopts a revised format to improve the quality of medico-scientific outcomes under the VEA and MRCA. The instrument also ensures compatibility with human rights, promoting the rights of veterans, current and former Defence Force members, and their dependents, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

Scope and Application

This Legislative Instrument is a Statement of Principles concerning Creutzfeldt-Jakob disease (Balance of Probabilities) (No. 81 of 2022) determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans' Entitlements Act 1986. It applies to individuals who have served in eligible war service (other than operational service), defence service (other than hazardous service and British nuclear test defence service), or peacetime service, and have developed Creutzfeldt-Jakob disease or died from it. The scope of the Act extends to claims made under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Instrument establishes the factors that must exist for it to be said on the balance of probabilities that Creutzfeldt-Jakob disease or death from Creutzfeldt-Jakob disease is connected with the circumstances of eligible service rendered by a person. The Instrument is compatible with human rights and does not derogate from any human rights. The Repatriation Medical Authority has determined this Instrument in accordance with the available sound medical-scientific evidence and it replaces Instrument No. 77 of 2014.

Key Provisions

The Statement of Principles concerning Creutzfeldt-Jakob disease (Balance of Probabilities) (No. 81 of 2022) outlines the circumstances under which claims can be made for compensation related to Creutzfeldt-Jakob disease (CJD) under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) (sections 4-6). It specifies that CJD or death from CJD can be related to certain kinds of service if particular factors are present, such as the service being eligible war service, defence service, or peacetime service. This Instrument replaces the earlier Instrument No. 77 of 2014 and incorporates the latest medical-scientific evidence, reflecting developments since the earlier instrument was determined. The obligations imposed by this Statement of Principles require claimants to demonstrate that their CJD is connected to their service under the specified circumstances. The Repatriation Medical Authority (the Authority) is mandated to assess these claims based on the outlined factors and the sound medical-scientific evidence. The Authority must ensure that the assessment process is transparent, proportionate, and reasonable, aligning with human rights standards, particularly the right to social security and the right to an adequate standard of living. Failure to comply with the provisions of this Statement of Principles may result in the denial of claims for compensation related to CJD. The Authority has the discretion to reject claims that do not meet the specified factors or lack sufficient evidence of a connection to the service. The penalties or consequences for non-compliance primarily involve the denial of benefits and compensation to claimants who do not satisfy the criteria set out in the Statement of Principles. Additionally, the Authority's decisions can be reviewed by the Veterans' Review Board and the Administrative Appeals Tribunal, which can lead to further scrutiny and potential overturn of decisions that are found to be incorrect or unjust. The Statement of Principles also stipulates potential civil and administrative consequences for breaches of its provisions. For instance, claimants who provide false or misleading information in their applications may face disciplinary actions or be subject to legal proceedings. Furthermore, the Authority is required to ensure that the processes and decisions made under this Instrument are compatible with human rights, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. This ensures that the rights of veterans, current and former Defence Force members, and their dependents are upheld, including their right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

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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.