Statement of Principles concerning discoid lupus erythematosus (Balance of Probabilities) (No. 127 of 2015)

Administered by Department of Veterans' Affairs

Legislation au F2015L01681 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 127 of 2015

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY STATEMENT

 

 

  1. The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles concerning discoid lupus erythematosus (Balance of Probabilities) (No. 127 of 2015).
  2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that discoid lupus erythematosus and death from discoid lupus erythematosus can be related to particular kinds of service.  The Authority has therefore determined this Statement of Principles concerning discoid lupus erythematosus pursuant to subsection 196B(3) of the VEA.

Purpose and Operation

3.             The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).

4.             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, discoid lupus erythematosus or death from discoid lupus erythematosus 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.

5.             The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board or Administrative Appeals Tribunal cannot accept any claim for pension; or a claim for liability or compensation relating to discoid lupus erythematosus or death from discoid lupus erythematosus that was lodged on or after 1 June 1994 in the case of the VEA, or 1 July 2004 in the case of the MRCA respectively, unless this Statement of Principles upholds that claim (subsection 120B(3) of the VEA or subsection 339(3) of the MRCA).

6.             This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 4 November 2014 concerning discoid lupus erythematosus in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence available to the Authority.

Consultation

7.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to discoid lupus erythematosus in the Government Notices Gazette of 4 November 2014, 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.  One submission was received for consideration by the Authority during the investigation.

Human Rights

8.             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

9.             The determining of this new Instrument finalises the investigation in relation to discoid lupus erythematosus as advertised in the Government Notices Gazette of 4 November 2014.

References

10.         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. 127 of 2015

Kind of Injury, Disease or Death: Discoid lupus erythematosus

 

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 discoid lupus erythematosus;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal; and
  • outlines the factors which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, discoid lupus erythematosus is connected with the circumstances of eligible service rendered by a person, as set out in clause 4 of the Explanatory Statement.

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 Repatriation Medical Authority Instrument No. 127 of 2015, issued under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), was enacted to address the medical-scientific evidence surrounding the relationship between discoid lupus erythematosus and military service. The Instrument was established in response to a need for clearer criteria concerning claims related to this condition, ensuring that veterans could receive appropriate compensation and medical treatment. The Authority, operating under subsection 196B(3) of the VEA, determined the Statement of Principles after a thorough investigation, confirming that on the balance of probabilities, discoid lupus erythematosus and death from the condition can be related to specific types of service. This determination facilitates the assessment and review of claims by specifying the necessary factors linking the condition to service, thus supporting the human rights of veterans and their dependents by providing reasonable, proportionate, and transparent qualifying conditions for benefits.

Scope and Application

The Statement of Principles No. 127 of 2015, as determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), sets out the medical and scientific factors required to substantiate a connection between discoid lupus erythematosus and specific kinds of service, including eligible war service, defence service, and peacetime service. This Statement of Principles applies to any claims made under the VEA and MRCA on or after the respective dates of 1 June 1994 and 1 July 2004, concerning discoid lupus erythematosus. The authority to accept or reject such claims rests with the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal, and they cannot uphold any claim unless it aligns with this Statement of Principles. The legislation ensures that claims are assessed based on the sound medical-scientific evidence available, promoting fairness and transparency in the claims process for veterans and service personnel.

Key Provisions

The main operative sections of the Repatriation Medical Authority Instrument No. 127 of 2015 detail the determination of a Statement of Principles concerning discoid lupus erythematosus (DLE) under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This Statement of Principles (section 4) outlines the factors that must exist to establish a link between DLE or death from DLE and certain types of service, including eligible war service, defence service, and peacetime service. Specifically, it must be more probable than not that DLE or death from DLE is connected with the service circumstances based on available sound medical-scientific evidence. This determination (section 5) is crucial for claims made on or after 1 June 1994 under the VEA and 1 July 2004 under the MRCA, which cannot be accepted unless the Statement of Principles supports the claim. The obligations imposed by the Act on parties and entities include ensuring that any claims for pension, liability, or compensation related to DLE or death from DLE are assessed against the criteria set out in the Statement of Principles. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal must adhere to these criteria when evaluating claims. Additionally, the Repatriation Medical Authority is mandated to undertake investigations into conditions such as DLE, as evidenced by the investigation notified in the Government Notices Gazette of 4 November 2014 (section 6). During such investigations, the Authority must solicit and consider submissions from relevant stakeholders, including organisations representing veterans and experts in the field (section 7). The Act imposes significant consequences for non-compliance. Under the VEA and MRCA, claims for pension or compensation related to DLE or death from DLE that do not meet the criteria outlined in the Statement of Principles will not be accepted (section 5). This means that claimants may be denied benefits if their claims do not align with the determined factors. The implications of these provisions are that the medical and scientific evidence must substantiate the link between the service and the condition for any claim to be valid. The compatibility of the Instrument with human rights is affirmed, ensuring that the rights of veterans, service personnel, and their dependents are upheld without discrimination (section 8). In summary, the Repatriation Medical Authority Instrument No. 127 of 2015 sets out specific criteria for determining claims related to DLE under the VEA and MRCA, mandates rigorous assessment processes, and ensures alignment with human rights standards. Failure to comply with these provisions can result in the denial of benefits, thereby reinforcing the importance of accurate and evidence-based claim evaluations.

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