Statement of Principles concerning epicondylitis (Reasonable Hypothesis) (No. 5 of 2023)

Administered by Department of Veterans' Affairs

Legislation au F2023L00019 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

EPICONDYLITIS

(REASONABLE HYPOTHESIS) (NO. 5 OF 2023)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning epicondylitis (Reasonable Hypothesis) (No. 5 of 2023).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 7 of 2015 (Federal Register of Legislation No. F2014L01784) determined under subsection 196B(2) of the VEA concerning epicondylitis.

3.             The Authority is of the view that there is sound medical-scientific evidence that indicates that epicondylitis and death from epicondylitis can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles concerning epicondylitis (Reasonable Hypothesis) (No. 5 of 2023).  This Instrument will in effect replace the repealed Statement of Principles.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 as a minimum exist, and which of those factors must be related to the following kinds of service rendered by a person:

 operational service under the VEA;

 peacekeeping service under the VEA;

 hazardous service under the VEA;

 British nuclear test defence service under the VEA;

 warlike service under the MRCA;

 non-warlike service under the MRCA,

before it can be said that a reasonable hypothesis has been raised connecting epicondylitis or death from epicondylitis, 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 10 May 2022 concerning epicondylitis 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 'epicondylitis' in subsection 7(2);
  • including ICD-10-AM codes for 'epicondylitis' in subsection 7(3);
  • revising the factors in subsections 9(1) and 9(6) concerning performing forceful activities with the hand or forearm;
  • new factors in subsections 9(2) and 9(7) concerning using a hand-held computer mouse;
  • revising the factors in subsections 9(4) and 9(9) concerning taking a fluoroquinolone antibiotic;
  • new factors in subsections 9(5) and 9(10) concerning having spondyloarthritis; and
  • new definition of 'spondyloarthritis' in Schedule 1 – Dictionary.

 

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to epicondylitis in the Government Notices Gazette of 10 May 2022, 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 epicondylitis as advertised in the Government Notices Gazette of 10 May 2022.

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. 5 of 2023

Kind of Injury, Disease or Death: Epicondylitis

 

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(2) 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 epicondylitis;
  • 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting epicondylitis with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 7 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning epicondylitis 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 epicondylitis (Reasonable Hypothesis) (No. 5 of 2023), enacted under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the need to clarify and update the medical-scientific evidence connecting epicondylitis to various types of military service. The Repatriation Medical Authority, mandated by the VEA, has determined this statement of principles to replace the previous Instrument No. 7 of 2015, reflecting advancements in medical-scientific evidence since the earlier instrument was established. The primary objective of this legislation is to facilitate claims for veterans and current or former Defence Force members who have developed epicondylitis, ensuring that the factors necessary to establish a reasonable hypothesis linking the condition to their service are clearly outlined. This legislation aims to improve the quality of medico-scientific outcomes under the Acts, ensuring that compensation and benefits are assessed and awarded based on the latest evidence. The instrument specifies the conditions under which medical treatment and compensation can be extended to eligible persons, and it supports the human rights of veterans and their dependents by promoting access to social security, adequate living standards, and the highest attainable standard of health. The Repatriation Medical Authority ensures that this legislation is compatible with human rights, affirming that it neither derogates from any rights nor discriminates on any basis.

Scope and Application

The Statement of Principles concerning epicondylitis (Reasonable Hypothesis) (No. 5 of 2023) applies to individuals who have served in specific kinds of service and are making or reviewing claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This includes operational, peacekeeping, hazardous, and British nuclear test defence service, as well as warlike and non-warlike service. The application of these principles is intended to facilitate the assessment and determination of claims for medical treatment and compensation related to epicondylitis, ensuring that claims are assessed in accordance with the latest sound medical-scientific evidence. The scope of this legislative instrument is national, as it pertains to the Commonwealth of Australia and is applicable across all states and territories. There are no specific exclusions or exemptions mentioned in the text, although the principles are determined based on the available sound medical-scientific evidence. The application of the principles may be extended or restricted through subordinate instruments, as per the requirements of the relevant Acts. This instrument aims to assist the Repatriation Medical Authority, the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and the Administrative Appeals Tribunal in their respective roles in assessing and reviewing claims. By setting out the minimum factors that must exist to establish a reasonable hypothesis linking epicondylitis with service, the instrument ensures that claimants and reviewers have a clear framework for making and assessing claims. Additionally, the instrument promotes human rights by facilitating access to social security and healthcare benefits for eligible individuals, thereby supporting their right to an adequate standard of living and the highest attainable standard of physical and mental health.

Key Provisions

The Statement of Principles concerning epicondylitis (Reasonable Hypothesis) (No. 5 of 2023) outlines the circumstances under which epicondylitis, or death from epicondylitis, can be reasonably hypothesised to be related to specific kinds of service rendered by a person. These kinds of service include operational, peacekeeping, hazardous, and British nuclear test defence services under the Veterans' Entitlements Act 1986 (VEA), and warlike and non-warlike services under the Military Rehabilitation and Compensation Act 2004 (MRCA). The factors that must be present to establish a reasonable hypothesis are detailed in section 9, and these must be related to the specified kinds of service. This document serves to replace the repealed Instrument No. 7 of 2015. The Statement of Principles imposes several obligations on claimants and the relevant authorities. Claimants must provide evidence that links their epicondylitis to their service, in accordance with the factors outlined in the Statement. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are required to assess these claims based on the sound medical-scientific evidence provided. The Veterans' Review Board and the Administrative Appeals Tribunal must review decisions made by these commissions. Additionally, the Repatriation Medical Authority must ensure the availability of the latest medical-scientific evidence to inform these processes. Violations of the provisions in the Statement of Principles could lead to various consequences, although the document does not explicitly detail specific offences or penalties. Generally, under Australian legislation, breaches of provisions related to entitlements and claims may lead to civil or administrative penalties. For instance, providing false information in claims could result in fines or the disqualification from receiving benefits. The exact penalties would depend on the nature and severity of the breach, and would be determined under the relevant Acts, such as the VEA or the MRCA. The Statement of Principles is designed to be compatible with human rights as recognised in international instruments, such as the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities. It promotes the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. Importantly, it ensures these rights are exercised without discrimination, thereby protecting the rights of veterans and their dependents.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Act
Concepts
Definitions & Interpretation
Regulatory Standards
Rights & Protections

Interactions

Authorises

All Versions

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.