Statement of Principles concerning hepatitis D infection (Balance of Probabilities) (No. 72 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00974 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

HEPATITIS D INFECTION

(BALANCE OF PROBABILITIES) (NO. 72 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning hepatitis D infection (Balance of Probabilities) (No. 72 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. 12 of 2017 (Federal Register of Legislation No. F2017L00021) determined under subsection 196B(3) of the VEA concerning hepatitis D.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that hepatitis D infection and death from hepatitis D infection 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 hepatitis D infection (Balance of Probabilities) (No. BP 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  This Instrument will in effect replace the repealed Statement of Principles.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, hepatitis D infection or death from hepatitis D infection 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 30 October 2024 concerning hepatitis D 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 D infection' in subsection 7(2);
  • revising ICD-10-AM codes for 'hepatitis D infection' in subsection 7(3);
  • 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(2) concerning having hepatitis B infection;
  • new factor in subsection 9(3) concerning inability to access appropriate hepatitis B vaccination;
  • new definitions of 'clinical onset' and 'post-exposure prophylaxis' in Schedule 1 - Dictionary; and
  • deleting the definitions of 'being exposed to the hepatitis D virus' 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 D 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.

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 D 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. 72 of 2025

Kind of Injury, Disease or Death: Hepatitis D 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(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 hepatitis D 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 exist before it can be said that, on the balance of probabilities, hepatitis D infection 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. 12 of 2017; and
  • reflects developments in the available sound medical-scientific evidence concerning hepatitis D 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 D infection (Balance of Probabilities) (No. 72 of 2025) was enacted to address the connection between hepatitis D infection, its resultant death, and particular kinds of service under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Repatriation Medical Authority, acting under the Veterans' Entitlements Act 1986, repealed the previous Statement of Principles concerning hepatitis D, which was Instrument No. 12 of 2017, to incorporate the latest medical-scientific evidence. This new Statement of Principles outlines the factors necessary to establish, on the balance of probabilities, a connection between hepatitis D infection or death from hepatitis D infection and eligible war service, defence service, or peacetime service. The policy objective is to facilitate the assessment and determination of claims for medical treatment and compensation for veterans and service personnel, ensuring the process is informed by the most current medical-scientific evidence. The Legislative Instrument was developed following an investigation into hepatitis D, which was advertised in the Government Notices Gazette on 30 October 2024. The Authority sought submissions from relevant organisations and experts but received none. The new Statement of Principles is compatible with human rights, promoting rights such as social security, an adequate standard of living, and the highest attainable standard of physical and mental health, without any form of discrimination. This legislative change aims to improve the quality of outcomes for veterans and service personnel by ensuring their claims are assessed based on the most recent and reliable medical evidence.

Scope and Application

The Statement of Principles concerning hepatitis D infection (Balance of Probabilities) (No. 72 of 2025), determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and applicable to the Military Rehabilitation and Compensation Act 2004 (MRCA), applies to claims made by individuals who have contracted hepatitis D infection or died from it. This legislation is relevant to those who have rendered eligible war service, defence service, or peacetime service as defined under the respective acts. The legislation aims to determine the connection between hepatitis D infection and the service rendered by these individuals on the balance of probabilities, facilitating the assessment and granting of benefits and compensation. The application of this legislation is national in scope, as it applies across Australia under the Commonwealth jurisdiction. It does not specify any exclusions, exemptions, or thresholds in its primary text, although its application and interpretation may be further refined through subordinate instruments or regulations. The principles outlined in this legislation replace the previous Statement of Principles No. 12 of 2017, reflecting updated medical-scientific evidence concerning hepatitis D infection.

Key Provisions

The primary sections of the Statement of Principles concerning hepatitis D infection (Balance of Probabilities) (No. 72 of 2025) outline the circumstances under which hepatitis D infection or death from hepatitis D infection can be connected to certain types of service (sections 1–9). These sections detail the specific factors that must exist and be related to eligible war service, defence service, and peacetime service to establish a connection to hepatitis D infection or death (section 5). The document also includes definitions and revisions to previous instruments to reflect updated medical-scientific evidence (sections 2, 7, and Schedule 1). The Act imposes specific obligations on claimants, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission to ensure that claims related to hepatitis D infection are assessed correctly. Claimants must provide evidence that meets the criteria set out in the Statement of Principles, while the Commissions must evaluate these claims based on the specified factors and the sound medical-scientific evidence (section 196B(3)). The Authority is also required to ensure that the determination of these principles is based on the most current and reliable evidence (section 196G). Any breaches of the requirements set out in this Statement of Principles can result in the rejection of claims for medical treatment and compensation. While the Act does not explicitly outline criminal or civil penalties for non-compliance, failure to meet the criteria specified in the Statement of Principles can lead to the denial of benefits to eligible veterans and service personnel. The implications of such denials are significant, as they can affect the right to social security, adequate living standards, and access to healthcare for those affected by hepatitis D infection (section 196B).

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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.