Statement of Principles concerning Dupuytren disease (Balance of Probabilities) (No. 10 of 2019)

Administered by Department of Veterans' Affairs

Legislation au F2019L00008 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

DUPUYTREN DISEASE

(BALANCE OF PROBABILITIES) (NO. 10 OF 2019)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning Dupuytren disease (Balance of Probabilities) (No. 10 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. 58 of 2010 (Federal Register of Legislation No. F2010L01671) determined under subsection 196B(3) of the VEA concerning Dupuytren's disease.

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that Dupuytren disease and death from Dupuytren 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 Dupuytren disease (Balance of Probabilities) (No. 10 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  This Instrument will in effect replace the repealed Statement of Principles.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, Dupuytren disease or death from Dupuytren 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 14 November 2017 concerning Dupuytren's 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;
  • changing the title of the Instrument to 'Dupuytren disease';
  • revising the definition of 'Dupuytren disease' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factors in subsections 9(1) & 9(12) concerning 'smoking';
  • revising the factors in subsections 9(2) & 9(13) concerning 'alcohol';
  • new factors in subsections 9(3) & 9(14) concerning 'alcohol use disorder';
  • revising the factors in subsections 9(4) & 9(15) concerning 'alcoholic liver disease';
  • revising the factors in subsections 9(5) & 9(16) concerning 'trauma';
  • revising the factors in subsections 9(6) & 9(17) concerning 'infection';
  • new factors in subsections 9(7)(a) & 9(18)(a) concerning 'trauma', for bilateral Dupuytren disease only;
  • new factors in subsections 9(7)(b) & 9(18)(b) concerning 'infection', for bilateral Dupuytren disease only;
  • new factors in subsections 9(8) & 9(19) concerning 'repetitive, strenuous or forceful activities' or 'activities using a hand-held, vibrating or percussive tool';
  • new factors in subsections 9(9) & 9(20) concerning 'diabetes mellitus';
  • new factors in subsections 9(10) & 9(21) concerning 'epilepsy';
  • new factors in subsections 9(11) & 9(22) concerning 'vemurafenib';
  • new definitions of 'clinically significant infection involving the palmar surface of the affected hand', 'MRCA' and 'VEA' in Schedule 1 - Dictionary;
  • revising the definitions of 'pack-years of cigarettes, or the equivalent thereof in other tobacco products', 'relevant service' and 'trauma' in Schedule 1- Dictionary; and
  • deleting the definitions of 'alcohol' and 'an infection of the hand as specified'.

Consultation

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

References

11.         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. 10 of 2019

Kind of Injury, Disease or Death: Dupuytren 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(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 Dupuytren 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, Dupuytren 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. 58 of 2010; and
  • reflects developments in the available sound medical-scientific evidence concerning Dupuytren 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, 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 Dupuytren disease (Balance of Probabilities) (No. 10 of 2019) was enacted in 2019 under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 to address the issue of establishing a link between Dupuytren disease and certain types of military service. The Repatriation Medical Authority, pursuant to subsection 196B(3) of the Veterans' Entitlements Act 1986, repealed the previous Statement of Principles No. 58 of 2010, replacing it with this new instrument based on the most recent sound medical-scientific evidence. The new Statement of Principles aims to facilitate claims and assessments under the Acts by clearly outlining the factors necessary to establish a connection between Dupuytren disease and service. The policy objective of the Act is to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting 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 legislative instrument is compatible with human rights as it does not derogate from and promotes several human rights.

Scope and Application

The Statement of Principles concerning Dupuytren disease (Balance of Probabilities) (No. 10 of 2019) applies to individuals who have served in eligible war service, defence service, or peacetime service and are making claims under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004. It sets out the specific factors that must exist for Dupuytren disease or death from Dupuytren disease to be considered connected to the service circumstances on the balance of probabilities. This Statement of Principles is determined under the authority granted by the Repatriation Medical Authority in accordance with the Veterans' Entitlements Act 1986. It replaces the previously repealed Instrument No. 58 of 2010, reflecting updated sound medical-scientific evidence and incorporating new factors related to the disease. The application of this Statement of Principles facilitates the assessment of claims by the Repatriation Commission and ensures that compensation and medical treatment can be extended to eligible persons with Dupuytren disease. The Instrument also outlines the human rights compatibility, ensuring that the rights of veterans, current and former Defence Force members, and their dependents are protected and promoted.

Key Provisions

The main operative sections of the Statement of Principles concerning Dupuytren disease (Balance of Probabilities) (No. 10 of 2019) establish the factors that must exist for it to be said, on the balance of probabilities, that Dupuytren disease is connected with the circumstances of certain kinds of service rendered by a person (subsection 9(1) and following subsections). These factors include smoking, alcohol use, trauma, infection, repetitive or strenuous activities, diabetes mellitus, epilepsy, and vemurafenib. The Statement of Principles will apply in determining claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Repatriation Medical Authority has determined this Statement of Principles based on the sound medical-scientific evidence available, which suggests that Dupuytren disease and death from Dupuytren disease can be related to particular kinds of service. The obligations and requirements the Act imposes on the parties it governs include that claimants must provide evidence that the factors outlined in the Statement of Principles exist and are related to the relevant service they performed. The Repatriation Commission is required to assess claims based on the criteria set out in the Statement of Principles, and the Veterans' Review Board and the Administrative Appeals Tribunal are responsible for reviewing decisions made by the Repatriation Commission. The Statement of Principles is intended to facilitate the assessment and determination of social security benefits, compensation, and treatment and rehabilitation benefits for eligible persons. There are no specific offences, penalties, or civil/criminal consequences for breach mentioned in the Statement of Principles. However, failure to comply with the requirements of the VEA and MRCA, such as providing false or misleading information, may result in penalties under those Acts. The maximum penalties for providing false or misleading information under the VEA are up to five years imprisonment and/or a fine of up to $50,400, while the maximum penalties under the MRCA are up to two years imprisonment and/or a fine of up to $22,200. Additionally, the Repatriation Commission may recover any benefits paid to a person who has provided false or misleading information.

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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.