Statement of Principles concerning Huntington's chorea No. 38 of 2015

Administered by Department of Veterans' Affairs

Legislation au F2014L01852 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 38 of 2015

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA), revokes Instrument No. 6 of 2007, determined under subsection 196B(3) of the VEA concerning Huntington's chorea.
  2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that Huntington's chorea and death from Huntington's chorea 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, Instrument No. 38 of 2015 concerning Huntington's chorea.  This Instrument will in effect replace the revoked Statement of Principles.
  3. The provisions of the Military Rehabilitation and Compensation Act 2004 (the MRCA) relating to claims for compensation commenced on 1 July 2004.  Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.
  4. 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, Huntington's chorea or death from Huntington's chorea is connected with the circumstances of that service.

5.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 2 May 2012 concerning Huntington's chorea 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.

6.             The contents of this Instrument are in similar terms as the revoked Instrument.  Comparing this Instrument and the revoked Instrument, the differences include:

  • revising the definition of 'Huntington's chorea' in clause 3;
  • revising the definitions of 'ICD-10-AM code' and 'relevant service' in clause 6; and
  • specifying a date of effect for the Instrument in clause 8.

7.             Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to Huntington's chorea in the Government Notices Gazette of 2 May 2012, 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, 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 during the investigation.

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.

10.         The determining of this Instrument finalises the investigation in relation to Huntington's chorea as advertised in the Government Notices Gazette of 2 May 2012.

11.         A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA.  Any such request must be made in writing to the Repatriation Medical Authority at the following address:

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. 38 of 2015

Kind of Injury, Disease or Death: Huntington's chorea

 

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).

2. This Legislative Instrument:-

  • facilitates claimants in making, and the Repatriation 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 Huntington's chorea;
  • 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, Huntington's chorea is connected with the circumstances of eligible service rendered by a person, as set out in clause 4 of the Explanatory Notes;
  • replaces Instrument No. 6 of 2007; and
  • reflects developments in the available sound medical-scientific evidence concerning Huntington's chorea 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, ICSECR; 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, ICSECR 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; and
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD).

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 Repatriation Medical Authority Instrument No. 38 of 2015, determined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), addresses the problem of linking Huntington's chorea to certain kinds of service, replacing the earlier Instrument No. 6 of 2007. This instrument, developed by the Authority, was introduced to ensure that claims for compensation related to Huntington's chorea can be properly assessed by referencing the most recent and sound medical-scientific evidence available. It sets out the specific circumstances under which claims for Huntington's chorea can be linked to eligible war, defence, and peacetime services, thereby facilitating the claims process for veterans and current or former Defence Force members. The Authority's determination of this instrument ensures that compensation and medical treatment can be extended to those who have Huntington's chorea and that these benefits are both reasonable and proportionate. This legislative measure promotes human rights by ensuring the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health for affected individuals.

Scope and Application

This Repatriation Medical Authority Instrument No. 38 of 2015 applies to eligible persons who have Huntington's chorea and 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 Instrument facilitates claimants in making claims and the Repatriation Commission in assessing such claims by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons. It also outlines the factors that must exist before it can be said that, on the balance of probabilities, Huntington's chorea is connected with the circumstances of eligible service rendered by a person. This Instrument is determined under the VEA and the MRCA and will replace the previously revoked Instrument No. 6 of 2007. It 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 and promotes the human rights of veterans, current and former Defence Force members, and their dependents. The Instrument reflects the developments in the available sound medical-scientific evidence concerning Huntington's chorea which have occurred since the earlier instrument was determined.

Key Provisions

The main operative sections of this legislation, Instrument No. 38 of 2015, focus on the revocation of the previous Instrument No. 6 of 2007 and the introduction of new Statement of Principles concerning Huntington's chorea (section 5). The Instrument outlines the specific factors that must be present, and how these factors must relate to eligible service under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) for a claim of Huntington's chorea to be accepted (section 4). The Instrument revises definitions and specifies a date of effect, clarifying the scope and application of the new Statement of Principles (sections 6 and 8). The obligations imposed by this Act primarily concern the Repatriation Medical Authority, which is responsible for determining the Statement of Principles and ensuring that claims for compensation are assessed according to the latest medical-scientific evidence. The Authority must facilitate the process by which claimants and the Repatriation Commission can make and evaluate claims effectively. Additionally, the Authority must ensure that the new Statement of Principles is compatible with human rights, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The obligations also extend to the Military Rehabilitation and Compensation Commission, which must use these Statements of Principles in determining liability for claims made under the MRCA. Regarding penalties and consequences, the legislation does not explicitly outline criminal or civil penalties for breaches. However, any failure by the Repatriation Medical Authority or the Military Rehabilitation and Compensation Commission to adhere to the Statement of Principles could result in legal challenges or appeals, particularly if claimants feel their rights under the VEA or MRCA have been unfairly disregarded. The primary consequence of non-compliance would likely be the need for judicial review to ensure that the Authority and Commission are operating within the bounds of the legislation and adhering to the determined Statement of Principles.

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Huntington's chorea
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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.