Statement of Principles concerning ganglion (Balance of Probabilities) (No. 8 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2024L01702 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

GANGLION

(BALANCE OF PROBABILITIES) (NO. 8 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning ganglion (Balance of Probabilities) (No. 8 of 2025).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 72 of 2016 (Federal Register of Legislation No. F2016L01353) determined under subsection 196B(3) of the VEA concerning ganglion.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that ganglion and death from ganglion 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 ganglion (Balance of Probabilities) (No. 8 of 2025).  This Instrument will in effect replace the repealed Statement of Principles.

Purpose and Operation

  1.              The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).
  2.              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, ganglion or death from ganglion 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.

  1.              This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 25 June 2024 concerning ganglion 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.
  2.              The contents of this Instrument are in similar terms as the repealed Instrument.  Comparing this Instrument and the repealed Instrument, the differences include:
  • specifying a day of commencement for the Instrument in section 2;
  • revising the definition of 'ganglion' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);

 

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to ganglion in the Government Notices Gazette of 25 June 2024, 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

  1.              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

  1.          The determining of this Instrument finalises the investigation in relation to ganglion as advertised in the Government Notices Gazette of 25 June 2024.

References

  1.          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. 8 of 2025

Kind of Injury, Disease or Death: Ganglion

 

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 ganglion;
  • 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, ganglion 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. 72 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning ganglion 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 Ganglion (Balance of Probabilities) (No. 8 of 2025) was enacted by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument addresses the gap in the legislative framework regarding the connection between ganglion, a type of benign lump, and military service. It replaces the previously repealed Instrument No. 72 of 2016, updating it to reflect the latest medical-scientific evidence. The purpose of this instrument is to provide a clear set of principles that determine when ganglion or death from ganglion can be considered connected to specific kinds of military service, thereby facilitating claims under the relevant Acts. The Authority consulted widely with relevant organisations and stakeholders but received no submissions before finalising the instrument. This new statement of principles ensures that the process for assessing claims remains transparent, reasonable, and proportionate, aligning with human rights standards as recognised in international instruments.

Scope and Application

The Statement of Principles concerning ganglion (Balance of Probabilities) (No. 8 of 2025) applies to veterans and current or former Defence Force members who are making claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation outlines the medical and service-related factors that must be present for a ganglion or death from ganglion to be considered connected to eligible war service, defence service, or peacetime service. This Statement of Principles is intended to assist claimants and the relevant Commissions in assessing claims and to ensure that the criteria for compensation and medical treatment are based on the most current medical-scientific evidence. The Instrument is applicable nationally across Australia and replaces the previous Instrument No. 72 of 2016. While this Statement of Principles is comprehensive, it does not cover all potential scenarios and may be supplemented by subordinate instruments as needed to address specific cases or clarify certain provisions. The Authority ensures that this Instrument aligns with human rights standards, as evidenced by the Statement of Compatibility with Human Rights, which confirms that it does not infringe upon any human rights and, in fact, supports the rights of veterans and Defence personnel to social security, an adequate standard of living, and the highest attainable standard of health.

Key Provisions

The Statement of Principles concerning ganglion (Balance of Probabilities) (No. 8 of 2025) (the Instrument) under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) outlines the specific factors that must be present for a ganglion or death from ganglion to be connected to certain types of service rendered by a person, on the balance of probabilities (sections 2, 5). The Instrument provides detailed guidelines on the types of service that must be related to ganglion, such as eligible war service, defence service, and peacetime service. These provisions are essential for determining claims under the VEA and MRCA. The Instrument imposes obligations on parties and entities governed by the VEA and MRCA. Claimants must demonstrate that the factors outlined in the Statement of Principles are met to qualify for medical treatment and compensation. The Repatriation Commission and the Military Rehabilitation and Compensation Commission must assess claims based on the criteria specified in the Instrument. The Veterans' Review Board and the Administrative Appeals Tribunal also have the responsibility to review decisions made under the VEA and MRCA, ensuring that they align with the principles set out in the Instrument. Breaches of the provisions in the Instrument may not explicitly outline specific offences, penalties, or consequences. However, the failure to comply with the criteria specified in the Instrument could result in claims being denied, which would have significant implications for claimants seeking medical treatment and compensation. The Instrument does not detail specific penalties but implies that adherence to its guidelines is crucial for the legitimacy of claims. This means that any deviation from the specified factors could potentially lead to the rejection of a claim, impacting the claimant's access to benefits and compensation. In summary, the Statement of Principles concerning ganglion (Balance of Probabilities) (No. 8 of 2025) provides a framework for determining claims related to ganglion under the VEA and MRCA. It specifies the necessary factors for a connection between ganglion and service to be established on the balance of probabilities. The obligations on claimants, assessment bodies, and review tribunals are to ensure that claims are assessed and reviewed in accordance with these principles. While the Instrument does not explicitly outline penalties, non-compliance with its criteria could lead to the denial of claims, impacting the claimants' access to benefits.

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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.