Statement of Principles concerning hepatitis B infection (Reasonable Hypothesis) (No. 9 of 2026)

Administered by Department of Veterans' Affairs

Legislation au F2025L01632 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

HEPATITIS B INFECTION

(REASONABLE HYPOTHESIS) (NO. 9 OF 2026)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning hepatitis B infection (Reasonable Hypothesis) (No. 9 of 2026).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 13 of 2017 (Federal Register of Legislation No. F2017L00001) determined under subsection 196B(2) of the VEA concerning hepatitis B.
  2.              The Authority is of the view that there is sound medical-scientific evidence that indicates that hepatitis B infection and death from hepatitis B infection 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 hepatitis B infection (Reasonable Hypothesis) (No. 9 of 2026).  This Instrument will in effect replace the repealed Statement of Principles.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 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 hepatitis B infection or death from hepatitis B infection, 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 30 October 2024 concerning hepatitis B 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 'hepatitis B infection' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factor in subsection 9(1) concerning having percutaneous or permucosal exposure;
  • new factor in subsection 9(5) concerning inability to access appropriate hepatitis B vaccination;
  • revising the factor in subsection 9(6) concerning taking an immunosuppressive medication;
  • revising the factor in subsection 9(8) concerning having a solid organ transplant;
  • revising the factor in subsection 9(10) concerning for females only, drinking at least 55 kilograms of alcohol;
  • revising the factor in subsection 9(11) concerning for males only, drinking at least 110 kilograms of alcohol;
  • revising the factor in subsection 9(14) concerning being pregnant or within the 6 month postpartum period;
  • deleting factor concerning being obese;
  • new definitions of 'clinical onset' and 'post-exposure prophylaxis' in Schedule 1 - Dictionary; and
  • deleting the definitions of 'alcohol', 'being exposed to the hepatitis B virus', 'being obese', 'being treated with an immunosuppressive drug', 'BMI' and 'body substance as specified'.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to hepatitis B in the Government Notices Gazette of 30 October 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.
  2.              On 21 August 2025, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed Instrument and the medical-scientific material considered by the Authority.  This letter emphasised the deletion of factors relating to obesity.  The Authority provided an opportunity to the organisations to make representations in relation to the proposed Instrument prior to its determination.  No submissions were received for consideration by the Authority.  No changes were made to the proposed Instrument following this consultation process.

 

 

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 hepatitis B as advertised in the Government Notices Gazette of 30 October 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. 9 of 2026

Kind of Injury, Disease or Death: Hepatitis B infection

 

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 hepatitis B infection;
  • 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 hepatitis B infection with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 13 of 2017; and
  • reflects developments in the available sound medical-scientific evidence concerning hepatitis B infection 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 Hepatitis B Infection (Reasonable Hypothesis) (No. 9 of 2026) was enacted to address the need for a clear and medically-supported framework that connects hepatitis B infection or death from hepatitis B infection with certain kinds of military service under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument was determined by the Repatriation Medical Authority under the authority of the Veterans' Entitlements Act 1986. The primary policy objective is to provide a consistent and evidence-based approach to assessing claims related to hepatitis B infection, ensuring that claimants receive fair and appropriate benefits. By replacing the previous Statement of Principles No. 13 of 2017, this new instrument reflects the most recent medical-scientific evidence and removes factors relating to obesity, thus aiming to improve the accuracy and fairness of the claims process. The Statement of Principles specifies the minimum factors that must exist to raise a reasonable hypothesis linking hepatitis B infection with particular military services, thereby facilitating both the assessment of claims and the review of decisions by relevant authorities. This legislative instrument promotes human rights by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, and it helps in the assessment and determination of social security benefits, ultimately supporting the highest attainable standard of health for affected veterans and service members.

Scope and Application

The Statement of Principles concerning hepatitis B infection (Reasonable Hypothesis) (No. 9 of 2026) applies to veterans and service personnel who have contracted hepatitis B infection, as well as their dependents, under the provisions of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It sets out the minimum factors that must exist to establish a reasonable hypothesis connecting hepatitis B infection to certain types of service, including operational, peacekeeping, hazardous, and British nuclear test defence service under the VEA, and warlike and non-warlike service under the MRCA. This instrument replaces the repealed Instrument No. 13 of 2017, reflecting developments in the available sound medical-scientific evidence concerning hepatitis B infection. The instrument is intended to facilitate claims and assessments by specifying the circumstances under which medical treatment and compensation can be extended to eligible persons who have hepatitis B infection, while also promoting human rights and ensuring non-discriminatory access to benefits. The instrument is compatible with human rights as it does not derogate from any human rights and promotes several, including the right to social security and the highest attainable standard of physical and mental health.

Key Provisions

The Statement of Principles concerning Hepatitis B Infection (Reasonable Hypothesis) (No. 9 of 2026) under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) outlines the factors that must exist to connect hepatitis B infection or death from hepatitis B infection with particular kinds of service. This is established under sections 2 and 5 of the Explanatory Statement, and it is crucial for determining claims under these Acts. These sections specify the types of service, such as operational, peacekeeping, hazardous, and warlike service, and require that certain medical-scientific factors be present to establish a reasonable hypothesis linking the infection to service circumstances. The Act imposes obligations on claimants and the relevant Commissions to ensure that claims are assessed based on the factors outlined in the Statement of Principles. Claimants must provide evidence that satisfies the criteria set out in the Statement, such as having percutaneous or permucosal exposure to the hepatitis B virus, inability to access appropriate vaccination, or taking immunosuppressive medication, as specified in sections 7 and 9 of the Explanatory Statement. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are required to review claims in accordance with these criteria to determine eligibility for medical treatment and compensation. The Act also delineates the consequences for non-compliance or breaches. Under section 196B(8) of the VEA, the Repatriation Medical Authority has the power to repeal previous instruments and determine new Statements of Principles. Failure to adhere to the provisions of the Statement of Principles could result in the denial of claims. While the Act does not explicitly state penalties for non-compliance, the implication is that failure to meet the specified criteria could lead to rejection of claims for medical treatment and compensation under the VEA and MRCA. The absence of explicit penalties does not negate the importance of adhering to the established criteria to ensure that benefits are granted fairly and based on sound medical-scientific evidence. In summary, the Statement of Principles concerning Hepatitis B Infection (Reasonable Hypothesis) (No. 9 of 2026) sets out the necessary factors for connecting hepatitis B infection with particular kinds of service, imposes obligations on claimants and the relevant Commissions to assess claims based on these factors, and ensures that claims are evaluated fairly and transparently. The compatibility with human rights, as stated in the Statement of Compatibility, ensures that the rights of veterans and their dependents are protected and facilitated.

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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.