Statement of Principles concerning dermatomyositis (Balance of Probabilities) (No. 71 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L00916 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

DERMATOMYOSITIS

(BALANCE OF PROBABILITIES) (NO. 71 OF 2022)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning dermatomyositis (Balance of Probabilities) (No. 71 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. 10 of 2014 (Federal Register of Legislation No. F2014L00011) determined under subsection 196B(3) of the VEA concerning dermatomyositis.

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that dermatomyositis and death from dermatomyositis 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 dermatomyositis (Balance of Probabilities) (No. 71 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  This Instrument will in effect replace the repealed Statement of Principles.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, dermatomyositis or death from dermatomyositis 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 9 March 2021 concerning dermatomyositis 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 'dermatomyositis' in subsection 7(2);
  • new factors in subsections 9(1) and 9(6) concerning taking a drug from the specified list of drugs;
  • deleting the factors concerning being treated with a drug of the statin class as these factors are now covered by subsections 9(1) and 9(6);
  • deleting the factors concerning being treated with D-penicillamine as these factors are now covered by subsections 9(1) and 9(6);
  • new factors in subsections 9(2) and 9(7) concerning taking hydroxyurea;
  • deleting the factors concerning, being treated with hydroxyurea, for amyopathic dermatomyositis only, as those factors are now covered by subsections 9(2) and 9(7);
  • new factors in subsections 9(3) and 9(8) concerning taking an immune checkpoint inhibitor or interferon alfa;
  • revising the factors in subsections 9(4) and 9(9) concerning taking a drug;
  • new definitions of 'MRCA', 'specified list of drugs', and 'VEA' in Schedule 1 - Dictionary;
  • revising the definition of 'relevant service' in the Schedule 1 – Dictionary; and
  • deleting the definitions of 'amyopathic dermatomyositis'.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to dermatomyositis in the Government Notices Gazette of 9 March 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 dermatomyositis as advertised in the Government Notices Gazette of 9 March 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. 71 of 2022

Kind of Injury, Disease or Death: Dermatomyositis

 

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 dermatomyositis;
  • 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, dermatomyositis 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. 10 of 2014; and
  • reflects developments in the available sound medical-scientific evidence concerning dermatomyositis 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 dermatomyositis (Balance of Probabilities) (No. 71 of 2022), enacted in 2022, addresses the gap in the legislative framework concerning the connection between dermatomyositis and military service. The Repatriation Medical Authority, under the authority vested in it by subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA), repealed the earlier Instrument No. 10 of 2014. This new statement outlines the factors that must exist for dermatomyositis or death from dermatomyositis to be considered connected with particular kinds of military service, in line with the sound medical-scientific evidence available. It serves to facilitate claims and assessments under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA), replacing the outdated provisions with updated medical insights. The policy objective is to ensure that veterans and service personnel with dermatomyositis receive appropriate recognition and compensation, thereby promoting their rights to social security and health benefits.

Scope and Application

The Statement of Principles concerning dermatomyositis (Balance of Probabilities) (No. 71 of 2022) applies to veterans and current or former members of the Defence Force who may be suffering from dermatomyositis or who have died from the condition. This Instrument is determined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It outlines the factors that must exist for dermatomyositis or death from the condition to be considered connected to eligible war service, defence service, or peacetime service, based on the available sound medical-scientific evidence. The Instrument replaces an earlier version, Instrument No. 10 of 2014, and reflects updated medical-scientific evidence. It applies nationally across Australia and is intended to facilitate claims and assessments by the Repatriation Commission and the Military Rehabilitation and Compensation Commission, as well as reviews by the Veterans' Review Board and the Administrative Appeals Tribunal. The Instrument does not specify any exclusions or exemptions but rather sets out the criteria that must be met for a connection between dermatomyositis and service to be recognised. Its application may be further extended or refined through subordinate instruments, which would provide additional details or clarifications as necessary.

Key Provisions

The Statement of Principles concerning dermatomyositis (Balance of Probabilities) (No. 71 of 2022) (the Instrument) is a legislative instrument determined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Instrument is designed to outline the factors that must exist, and which of those factors must be related to specific kinds of service, to establish a connection between dermatomyositis or death from dermatomyositis and the service circumstances (sections 5 and 7). This Statement of Principles will replace the previously repealed Instrument No. 10 of 2014 and incorporates updates based on the latest available sound medical-scientific evidence. The obligations imposed by the Instrument include the requirement for claimants to provide evidence that aligns with the specified factors for dermatomyositis to be connected to their service. The Repatriation Medical Authority, which determines the Instrument, must ensure that the factors are based on the soundest available medical-scientific evidence. The Instrument also mandates that the Repatriation Commission and the Military Rehabilitation and Compensation Commission assess claims in accordance with these specified factors. Additionally, it requires that the Veterans' Review Board and the Administrative Appeals Tribunal review decisions made under the VEA and MRCA, respectively, in light of the new Statement of Principles. Breach of the provisions set out in the Instrument can lead to civil and administrative consequences. For instance, if a claimant provides false information or fails to meet the specified factors, their claim may be rejected. Similarly, if the Repatriation Commission or the Military Rehabilitation and Compensation Commission does not adhere to the factors outlined in the Instrument when assessing claims, their decisions may be subject to review and potentially overturned. While the Instrument itself does not explicitly detail specific penalties for non-compliance, the broader legislative frameworks under the VEA and MRCA may impose penalties for fraudulent claims or administrative errors. The maximum penalties for making false statements or providing false information in relation to veterans' entitlements under the VEA can include fines and imprisonment. Specifically, under section 202 of the VEA, a person can be fined up to 5,000 penalty units or imprisoned for up to five years, or both, for making a false statement or providing false information. The precise nature and extent of any penalties for non-compliance with the Statement of Principles would be governed by the overarching provisions of the VEA and MRCA, which include administrative and judicial review mechanisms to address any breaches or non-compliance.

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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.