Statement of Principles concerning goitre (Balance of Probabilities) (No. 10 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L00005 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Statement of Principles concerning

GOITRE

(Balance of PROBABILITIES) (NO. 10 OF 2022)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning goitre (Balance of Probabilities) (No. 10 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. 24 of 2013 (Federal Register of Legislation No. F2013L00725) determined under subsections 196B(3) and (8) of the VEA concerning goitre.

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that goitre and death from goitre 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 goitre (Balance of Probabilities) (No. 10 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  This Instrument will in effect replace the repealed Statement of Principles.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, goitre or death from goitre 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 5 January 2021 concerning goitre 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 date of effect for the Instrument in section 2;
  • revising the definition of 'goitre' in subsection 7(2);
  • revising the factors in subsections 9(1) and 9(13) concerning having iodine deficiency;
  • revising the factors in subsections 9(2) and 9(14) concerning having iodine excess;
  • revising the factors in subsections 9(3) and 9(15) concerning taking a drug from the specified list of drugs;
  • new factors in subsections 9(4) and 9(16) concerning taking a drug containing at least 10 milligrams of iodine;
  • revising the factors in subsections 9(5) and 9(17) concerning taking amiodarone;
  • revising the factors in subsections 9(7) and 9(19) concerning having smoked tobacco products;
  • revising the factors in subsections 9(8) and 9(20) concerning having a form of thyroiditis from the specified list of forms of thyroiditis;
  • new factors in subsections 9(9) and 9(21) concerning having a disease involving the thyroid gland from the specified list of diseases;
  • new factors in subsections 9(10) and 9(22) concerning having a thyroid-stimulating hormone-secreting pituitary adenoma;
  • revising the factors in subsections 9(11) and 9(23) concerning having received ionising radiation or undergoing a course of therapeutic radiation for cancer, for nodular goitre only;
  • new factors in subsections 9(12) and 9(24) concerning having an acute precipitating event, for thyrotoxic crisis only;
  • deleting the factors concerning having a chronic infiltrative or infectious disease of the thyroid gland, as these are now covered by the factors in subsections 9(9) and 9(21) concerning having a disease involving the thyroid gland from the specified list of diseases;
  • new definitions of 'acute precipitating event', 'iodine deficiency', 'iodine excess', 'MRCA', 'one pack-year', 'specified list of diseases', 'specified list of drugs', 'specified list of forms of thyroiditis', 'thyrotoxic crisis' and 'VEA' in Schedule 1 - Dictionary;
  • revising the definition of 'relevant service' in Schedule 1 - Dictionary; and
  • deleting the definitions of 'a drug or a drug from a class of drugs from the specified list', 'a specified form of thyroiditis', 'being iodine deficient', 'having iodine excess', 'pack-years of cigarettes, or the equivalent thereof in other tobacco products' and 'the recommended iodine intake'.

Incorporation

8.             The definition of "cumulative equivalent dose" contained in the Schedule 1 – Dictionary incorporates the Guide to calculation of 'cumulative equivalent dose' for the purpose of applying ionising radiation factors contained in Statements of Principles determined under Part XIA of the Veterans' Entitlements Act 1986 (Cth), Australian Radiation Protection and Nuclear Safety Agency, as in force on 2 August 2017.  This writing is incorporated pursuant to subsection 14(b) of the Legislation Act 2003.

9.             A copy of this document is available to any person on the website of the Repatriation Medical Authority at www.rma.gov.au or from the Repatriation Medical Authority, Level 8, 480 Queen St, Brisbane, Queensland 4000, by contacting the Registrar on telephone (07) 3815 9404.

Consultation

10.         Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to goitre in the Government Notices Gazette of 5 January 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

11.         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

12.         The determining of this Instrument finalises the investigation in relation to goitre as advertised in the Government Notices Gazette of 5 January 2021.

References

13.         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. 10 of 2022

Kind of Injury, Disease or Death: Goitre

 

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 goitre;
  • 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, goitre 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. 24 of 2013; and
  • reflects developments in the available sound medical-scientific evidence concerning goitre 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 Goitre (Balance of Probabilities) (No. 10 of 2022) is an instrument determined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, aimed at addressing the medical-scientific evidence related to goitre in the context of service by veterans and members of the Defence Force. Enacted by the Repatriation Medical Authority, the policy objective of this instrument is to facilitate claims and assessments for veterans and members of the Defence Force suffering from goitre, by outlining the circumstances in which compensation and medical treatment can be extended. The Statement of Principles replaces the previous Instrument No. 24 of 2013 and reflects the most recent medical-scientific evidence concerning goitre. This legislative instrument is compatible with human rights, promoting the rights of veterans, current and former Defence Force members, and their dependents, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The Statement of Principles will be applied in determining claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It sets out the factors that must exist, and which of those factors must be related to particular kinds of service rendered by a person, before it can be said that, on the balance of probabilities, goitre or death from goitre is connected with the circumstances of that service. The instrument was determined following an investigation by the Repatriation Medical Authority, which involved an examination of the available sound medical-scientific evidence. The instrument incorporates the Guide to calculation of 'cumulative equivalent dose' for the purpose of applying ionising radiation factors contained in Statements of Principles determined under Part XIA of the Veterans' Entitlements Act 1986, and 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.

Scope and Application

The Statement of Principles concerning goitre (Balance of Probabilities) (No. 10 of 2022) applies to claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It specifies the circumstances in which a person who has goitre may be eligible for medical treatment and compensation. The Statement of Principles outlines the factors that must exist for goitre or death from goitre to be connected with the circumstances of eligible service, such as iodine deficiency, exposure to ionising radiation, or having a specified disease. It applies to eligible war service, defence service, and peacetime service, and it replaces the previous Instrument No. 24 of 2022. The Instrument reflects the latest sound medical-scientific evidence available to the Repatriation Medical Authority. This Instrument does not extend or restrict its application through subordinate instruments but is incorporated into the legislative framework of the relevant Acts. It is compatible with human rights and promotes the rights of veterans, current and former Defence Force members, and their dependents, facilitating the assessment and determination of compensation and benefits.

Key Provisions

The main operative sections of the Statement of Principles concerning goitre (Balance of Probabilities) (No. 10 of 2022) (the Instrument) establish the conditions under which goitre or death from goitre can be considered connected to particular kinds of service, as set out in section 5 of the explanatory statement. This determination is based on the available sound medical-scientific evidence, and it specifies the factors that must exist for such a connection to be made, including those related to eligible war service, defence service, and peacetime service (subsections 9(1) to 9(24)). The Instrument also outlines the definitions of various terms used within it, such as 'goitre', 'acute precipitating event', 'iodine deficiency', and others (Schedule 1 – Dictionary). This Instrument replaces the previously repealed Instrument No. 24 of 2013. The obligations and requirements imposed by the Act on the parties or entities it governs primarily relate to the assessment and determination of claims for medical treatment and compensation under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Instrument specifies the circumstances under which goitre or death from goitre can be considered connected to service, thereby guiding the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and the Veterans' Review Board in their assessments and decisions. The Authority must ensure that these determinations are based on the latest sound medical-scientific evidence and that the factors outlined in the Instrument are considered in each case. Additionally, the Authority must make this Instrument available to the public, as stated in section 9 of the explanatory statement. The Act provides for offences, penalties, or civil/criminal consequences for breach, although specific penalties are not detailed in the explanatory statement. In general, breaches of provisions under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 can lead to civil penalties, including fines. Additionally, wilful or negligent breaches may result in criminal penalties, including imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as the relevant provisions of the Acts. The Instrument itself does not outline specific penalties but serves to guide the assessment and determination processes in line with the latest medical-scientific evidence.

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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.