Statement of Principles concerning horseshoe kidney (repeal) (No. 31 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L00229 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

STATEMENTS OF PRINCIPLES CONCERNING

HORSESHOE KIDNEY (REPEAL)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statements of Principles concerning horseshoe kidney (repeal) (No. 31 of 2024).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(9) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 31 of 2015 (Federal Register of Legislation No. F2014L01844) and Instrument No. 32 of 2015 (Federal Register of Legislation No. F2014L01845) determined under subsection 196B(2) and (3) of the VEA concerning horseshoe kidney.

Following investigation, the Authority is of the view that there is insufficient medical-scientific evidence in order to determine factors for horseshoe kidney which might be related to service. The Authority has therefore decided pursuant to subsection 196B(9) that there is insufficient sound medical-scientific evidence in order to  determine Statements of Principles for horseshoe kidney either on the basis of reasonable hypothesis or balance of probability.

3.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 10 May 2022 concerning horseshoe kidney 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.

Consultation

4.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to horseshoe kidney in the Government Notices Gazette of 10 May 2022, 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.

5.             On 22 May 2023, 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 the factor relating to "inability to obtain appropriate clinical management for horseshoe kidney" which was the only factor in the Statements of Principles for horseshoe kidney.  The Authority provided an opportunity to the organisations to make representations in relation to the deletion.  No submissions were received for consideration by the Authority.  No changes were made to the proposed Instruments repeal following this consultation process.

Human Rights

6.             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

7.             The determining of this Instrument finalises the investigation in relation to horseshoe kidney as advertised in the Government Notices Gazette of 10 May 2022.

References

8.             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. 31 of 2024

Kind of Injury, Disease or Death: Horseshoe kidney

 

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(8) 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 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 horseshoe kidney;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;

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 Statements of Principles concerning horseshoe kidney (repeal) (No. 31 of 2024), issued under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), repeals Instruments No. 31 and 32 of 2015 related to horseshoe kidney. This repeal was enacted to address the insufficient medical-scientific evidence to determine factors for horseshoe kidney that might be related to military service. The Repatriation Medical Authority, in exercising its powers under subsection 196B(9) of the VEA, found that there was not enough sound medical-scientific evidence to establish Statements of Principles for horseshoe kidney either on a reasonable hypothesis or the balance of probability. This decision followed an investigation notified in the Government Notices Gazette of 10 May 2022, which examined all available evidence, including prior considerations. The process involved consultation with various stakeholders, including veteran and service personnel organisations, though no submissions were received for consideration. The Legislative Instrument is designed to ensure clarity and fairness in claims and assessments related to horseshoe kidney, promoting human rights by providing transparent and reasonable criteria for social security and healthcare benefits to veterans and service personnel.

Scope and Application

This legislative instrument pertains to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, applying to veterans and current or former Defence Force members who may have sustained injuries, diseases, or deaths related to their service. The Repatriation Medical Authority, under the authority granted by the Veterans' Entitlements Act, has repealed two previous instruments related to horseshoe kidney, determining that there is insufficient sound medical-scientific evidence to establish a connection between horseshoe kidney and military service. This repeal affects the eligibility criteria for compensation and medical treatment for veterans with horseshoe kidney, aligning with the evidence-based approach mandated by the Acts. The repeal has a national jurisdictional reach within Australia, impacting all states and territories. There are no specific exclusions or exemptions mentioned in the document, but the application of the Act is contingent upon the availability of sound medical-scientific evidence. The instrument may be further extended or restricted through subordinate instruments, ensuring it remains responsive to evolving medical and scientific understandings.

Key Provisions

The key provisions of the legislative instrument, as detailed in the explanatory statement, involve the repeal of existing instruments (Instrument No. 31 of 2015 and Instrument No. 32 of 2015) concerning horseshoe kidney, which were determined under subsection 196B(2) and (3) of the Veterans' Entitlements Act 1986 (VEA). This repeal is executed under subsection 196B(9) of the VEA by the Repatriation Medical Authority (the Authority), which has determined that there is insufficient sound medical-scientific evidence to establish Statements of Principles for horseshoe kidney. This decision follows an investigation into the available medical evidence, as notified in the Government Notices Gazette of 10 May 2022. The Authority's investigation concluded that the evidence did not support determining factors for horseshoe kidney that might be related to service, either on the basis of reasonable hypothesis or balance of probability. The obligations imposed by this legislative instrument primarily concern the Repatriation Medical Authority, which is required to assess and determine the availability of sound medical-scientific evidence to establish Statements of Principles for specific conditions, such as horseshoe kidney. The Authority must ensure that any determinations it makes are based on the best available evidence and that they comply with the requirements of the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). Furthermore, the Authority must facilitate the processes of claim-making and assessment by the Repatriation Commission and the Military Rehabilitation and Compensation Commission, and ensure that the decisions made are subject to appropriate review mechanisms. The Authority also has an obligation to consult with relevant organisations and stakeholders, as evidenced by the circulation of notices and invitations for submissions during the investigation. In terms of consequences for breach, the legislative instrument itself does not outline specific offences, penalties, or civil/criminal consequences for non-compliance. However, the underlying acts—the VEA and the MRCA—do provide for various sanctions in cases of non-compliance with their provisions. For example, the VEA includes provisions for the payment of penalties and the imposition of fines for breaches of its provisions, with the specific penalties varying depending on the nature and severity of the breach. Additionally, the MRCA allows for the imposition of penalties for non-compliance with its requirements, including fines and other civil remedies. The precise penalties for such breaches would be determined by the relevant authorities in accordance with the legislative provisions and any applicable laws.

Legal classification tags

Area of Law
Veterans' Law
Medical Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
Human Rights Law

Interactions

Authorises

All Versions

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.