Statement of Principles concerning hereditary spherocytosis (Reasonable Hypothesis) (No. 41 of 2023)

Administered by Department of Veterans' Affairs

Legislation au F2023L00470 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

HEREDITARY SPHEROCYTOSIS

(REASONABLE HYPOTHESIS) (NO. 41 OF 2023)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning Hereditary spherocytosis (Reasonable Hypothesis) (No. 41 of 2023).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 67 of 2015 (Federal Register of Legislation No. F2015L00649) determined under subsection 196B(2) of the VEA concerning Hereditary spherocytosis.

3.             The Authority is of the view that there is sound medical-scientific evidence that indicates that Hereditary spherocytosis and death from Hereditary spherocytosis 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 Hereditary spherocytosis (Reasonable Hypothesis) (No. 41 of 2023).  This Instrument will in effect replace the repealed Statement of Principles.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 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 Hereditary spherocytosis or death from Hereditary spherocytosis, 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 4 JANUARY 2023 concerning Hereditary spherocytosis 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 definition of 'Hereditary spherocytosis' in subsection 7(2);
  • including ICD-10-AM codes for 'Hereditary spherocytosis' in subsection 7(3);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);

 

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to Hereditary spherocytosis in the Government Notices Gazette of 4 JANUARY 2023, 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

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 Hereditary spherocytosis as advertised in the Government Notices Gazette of 4 JANUARY 2023.

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. 41 of 2023

Kind of Injury, Disease or Death: Hereditary spherocytosis

 

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 Hereditary spherocytosis;
  • 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 Hereditary spherocytosis with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 67 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning Hereditary spherocytosis 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 Hereditary spherocytosis (Reasonable Hypothesis) (No. 41 of 2023) was determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA) and is applicable under the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative instrument addresses the sound medical-scientific evidence indicating a connection between Hereditary spherocytosis and specific kinds of service, replacing the previous Instrument No. 67 of 2015. The purpose of this Statement of Principles is to outline the minimum factors that must exist to raise a reasonable hypothesis linking Hereditary spherocytosis or death from Hereditary spherocytosis with particular service circumstances. This includes operational, peacekeeping, hazardous, and British nuclear test defence services under the VEA, as well as warlike and non-warlike services under the MRCA. The instrument facilitates claims for medical treatment and compensation for eligible persons and ensures that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting various human rights including social security and the right to an adequate standard of living. The Repatriation Medical Authority conducted an investigation, notified in the Government Notices Gazette on 4 January 2023, which considered the latest available sound medical-scientific evidence. This investigation involved consultation with relevant organisations and experts, although no submissions were received. The Statement of Principles reflects developments in the available evidence since the previous instrument was determined, ensuring that the assessment and determination of benefits remain aligned with current scientific understanding. The Authority confirms that this legislative instrument is compatible with human rights as it does not derogate from and actively promotes the rights of veterans, current and former Defence Force members, and their dependents.

Scope and Application

The Statement of Principles concerning Hereditary spherocytosis (Reasonable Hypothesis) (No. 41 of 2023) applies to individuals who have served in various capacities under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This includes those who have provided operational service, peacekeeping service, hazardous service, or British nuclear test defence service under the VEA, and warlike or non-warlike service under the MRCA. The Instrument sets out the minimum factors that must exist to establish a reasonable hypothesis connecting Hereditary spherocytosis or death from Hereditary spherocytosis with the circumstances of the service rendered. The scope of the legislation is national, as it pertains to the Commonwealth of Australia. The application of the Act is not restricted by geographic boundaries within Australia but is confined to the specific service types outlined. There are no stated exclusions or exemptions within the text provided; however, the application of the Act is contingent upon the presence of the specified factors and service types. The Repatriation Medical Authority has the ability to extend or restrict the application of the Act through subordinate instruments, as indicated by the adoption of the latest revised Instrument format and the inclusion of ICD-10-AM codes, which reflect developments in medical-scientific evidence. This ensures that the legislative framework remains current and effective in addressing the needs of affected veterans and service personnel.

Key Provisions

The Statement of Principles concerning Hereditary spherocytosis (Reasonable Hypothesis) (No. 41 of 2023) (the Instrument) sets out the minimum factors that must exist for a reasonable hypothesis to be raised connecting Hereditary spherocytosis or death from Hereditary spherocytosis with particular kinds of military service (sections 2, 5). This is done to facilitate the assessment and determination of claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Instrument specifies the types of service that must be connected to the condition, including operational, peacekeeping, hazardous, and British nuclear test defence service under the VEA, and warlike and non-warlike service under the MRCA. These provisions are designed to provide clarity and guidance to claimants and the relevant Commissions in assessing claims for medical treatment and compensation. The Instrument imposes obligations on claimants to provide evidence that their condition meets the criteria set out in the Statement of Principles when making a claim under the VEA or MRCA. It also places a duty on the Repatriation Commission and the Military Rehabilitation and Compensation Commission to assess claims based on the factors specified in the Instrument. Additionally, the Instrument requires the Veterans' Review Board and the Administrative Appeals Tribunal to review decisions made under the VEA and MRCA, ensuring that the correct factors are considered in determining claims. There are no specific offences, penalties, or civil/criminal consequences outlined in the Instrument itself. However, breaches of the VEA or MRCA, such as providing false information or documents in a claim, can result in civil or criminal penalties, including fines and imprisonment. The maximum penalties for such offences vary depending on the specific provisions of the VEA or MRCA that are breached. The compatibility of the Instrument with human rights is affirmed in the Statement of Compatibility with Human Rights, which states that the Instrument does not derogate from any human rights and promotes several rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The Instrument ensures that these rights are exercised without discrimination, in line with international human rights instruments.

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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.