Statement of Principles concerning Hashimoto thyroiditis (Balance of Probabilities) (No. 2 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2021L01908 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Statement of Principles concerning

HASHIMOTO THYROIDITIS

(Balance of PROBABILITIES) (NO. 2 OF 2022)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning Hashimoto thyroiditis (Balance of Probabilities) (No. 2 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. 32 of 2013 (Federal Register of Legislation No. F2013L00731) determined under subsections 196B(3) and (8) of the VEA concerning Hashimoto's thyroiditis .

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that Hashimoto thyroiditis  and death from Hashimoto thyroiditis  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 Hashimoto thyroiditis  (Balance of Probabilities) (No. 2 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  This Instrument will in effect replace the repealed Statement of Principles.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, Hashimoto thyroiditis  or death from Hashimoto thyroiditis  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 Hashimoto's thyroiditis  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 name of the condition from 'Hashimoto's thyroiditis' to 'Hashimoto thyroiditis';
  • revising the definition of 'Hashimoto thyroiditis' in subsection 7(2);
  • revising ICD-10-AM codes for 'Hashimoto thyroiditis' in subsection 7(3);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factors in subsections 9(1) and 9(8) concerning having iodine excess;
  • revising the factor in subsection 9(2) concerning taking a drug from the Specified List 1 of drugs;
  • revising the factors in subsections 9(4) and 9(11) concerning having received iodine-131 (radioactive iodine) treatment;
  • new factors in subsections 9(5) and 9(12) concerning being obese;
  • new factors in subsections 9(6) and 9(13) concerning having postpartum thyroiditis;
  • new factors in subsections 9(7) and 9(15) concerning having an acute precipitating event, for myxoedema coma only;
  • revising the factor in subsection 9(9) concerning taking a drug from the Specified List 2 of drugs;
  • new factor in subsection 9(14) concerning being pregnant or within the 12 months postpartum, for clinical worsening only;
  • deleting the factors concerning having received a cumulative equivalent dose of ionising radiation as these are covered by the factors in subsections 9(3) and 9(10) concerning undergoing a course of therapeutic radiation for cancer;
  • new definitions of 'acute precipitating event', 'being obese', 'BMI', 'iodine excess', 'MRCA', 'myxoedema coma', 'Specified List 1 of drugs', 'Specified List 2 of drugs' and 'VEA' in Schedule 1 - Dictionary;
  • revising the definition of 'relevant service' in Schedule 1 - Dictionary; and
  • deleting the definitions of 'cumulative equivalent dose' and 'having iodine excess'.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to Hashimoto thyroiditis  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.  One submission was 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 Hashimoto's thyroiditis  as advertised in the Government Notices Gazette of 5 January 2021.

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. 2 of 2022

Kind of Injury, Disease or Death: Hashimoto thyroiditis

 

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 Hashimoto thyroiditis ;
  • 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, Hashimoto thyroiditis  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. 32 of 2013; and
  • reflects developments in the available sound medical-scientific evidence concerning Hashimoto thyroiditis  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 Hashimoto Thyroiditis (Balance of Probabilities) (No. 2 of 2022) is a legislative instrument enacted to address the medical-scientific evidence regarding the connection between Hashimoto thyroiditis and specific kinds of military service. This instrument was introduced under the authority of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, and it was determined by the Repatriation Medical Authority. The objective of this legislation is to facilitate the process of making and assessing claims for medical treatment and compensation related to Hashimoto thyroiditis among veterans and Defence Force members, ensuring that these claims are assessed based on the most current and reliable medical-scientific evidence. The instrument replaces an earlier statement of principles to reflect advancements in medical understanding and to provide clarity and consistency in the application of entitlements and compensation related to Hashimoto thyroiditis. This instrument aims to provide a clear framework for determining the circumstances under which Hashimoto thyroiditis can be considered connected to military service, thereby promoting the human rights of affected individuals by ensuring they receive the appropriate social security benefits, medical treatment, and compensation. It does not derogate from any human rights and is compatible with the human rights and freedoms recognised in international instruments.

Scope and Application

The Statement of Principles concerning Hashimoto thyroiditis (Balance of Probabilities) (No. 2 of 2022) applies to individuals who have rendered eligible war service, defence service, or peacetime service under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The legislation serves to establish the necessary factors that must exist for a claimant to establish, on the balance of probabilities, a connection between their Hashimoto thyroiditis or death from Hashimoto thyroiditis and their service. This Statement of Principles replaces the previously repealed Instrument No. 32 of 2013, incorporating the latest sound medical-scientific evidence. The instrument outlines the specific factors that must be present for a connection to be established, such as the presence of iodine excess, obesity, or postpartum thyroiditis. The determination of this instrument is consistent with human rights and freedoms recognised or declared in international instruments, promoting the rights of veterans, current and former Defence Force members, and their dependents. The instrument aims to facilitate the assessment and determination of compensation and benefits related to the treatment and rehabilitation of veterans and Defence Force members, ensuring that these rights are exercised without discrimination.

Key Provisions

The main operative sections of the Statement of Principles concern the circumstances in which Hashimoto thyroiditis can be related to service, and what factors must be present for such a connection to be made. Section 5 of the Explanatory Statement specifies the kinds of service (eligible war service, defence service, and peacetime service) that must be related to the condition for it to be considered connected with service. Section 7 defines "Hashimoto thyroiditis" and specifies the International Classification of Diseases, Tenth Revision, Australian Modification (ICD-10-AM) codes that apply to it. Section 9 lists the factors that must exist for there to be a connection between Hashimoto thyroiditis and service, such as iodine excess, taking certain drugs, and undergoing therapeutic radiation for cancer. The obligations and requirements imposed by the Act include the need for claimants to provide evidence that they have Hashimoto thyroiditis and that it is connected with their service. The Statement of Principles sets out the factors that must exist for such a connection to be made, and claimants must provide evidence of these factors to support their claims. The Act also imposes obligations on the Repatriation Commission and the Military Rehabilitation and Compensation Commission to assess claims based on the factors set out in the Statement of Principles, and on the Veterans' Review Board and the Administrative Appeals Tribunal to review decisions made under the Act. Breach of the requirements set out in the Statement of Principles can result in civil or criminal consequences. Section 196B(8) of the Veterans' Entitlements Act 1986 provides that a person who makes a false statement or representation in a claim for benefits under the Act can be liable for a civil penalty of up to $22,200 or a criminal penalty of up to 100 penalty units (currently $19,250). Section 196B(9) of the Act provides that a person who is found to have made a false statement or representation in a claim for benefits under the Act can be liable for a pecuniary penalty of up to $22,200 or imprisonment for up to two years, or both. These penalties reflect the seriousness of making false claims and the need to deter such behaviour. In summary, the Statement of Principles concerning Hashimoto thyroiditis sets out the factors that must exist for the condition to be connected with service, and imposes obligations on claimants, the Repatriation Commission and the Military Rehabilitation and Compensation Commission to assess claims based on these factors. Breach of the requirements can result in civil and criminal penalties, which reflect the seriousness of making false claims and the need to deter such behaviour. The Statement of Principles is compatible with human rights and promotes the rights of veterans, current and former Defence Force members, and other persons such as their dependents.

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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.