Statement of Principles concerning hyperthyroidism and thyrotoxicosis No. 27 of 2013

Administered by Department of Veterans' Affairs

Legislation au F2013L00723 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 27 of 2013

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 27 of 2013 concerning hyperthyroidism and thyrotoxicosis and death from hyperthyroidism and thyrotoxicosis.

 

2.             The Authority is of the view that there is sound medical-scientific evidence that indicates that hyperthyroidism and thyrotoxicosis and death from hyperthyroidism and thyrotoxicosis can be related to particular kinds of service.  The Authority has therefore determined this Statement of Principles concerning hyperthyroidism and thyrotoxicosis pursuant to subsection 196B(2) of the VEA.

 

3.             Pursuant to the provisions of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA), claims for pension under the VEA or compensation under the MRCA are determined by the Repatriation Commission or 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 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 hyperthyroidism or thyrotoxicosis or death from hyperthyroidism or thyrotoxicosis, with the circumstances of that service.

 

5.             The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board or Administrative Appeals Tribunal cannot accept any claim for pension; or a claim for liability or compensation relating to hyperthyroidism or thyrotoxicosis or death from hyperthyroidism or thyrotoxicosis that was lodged on or after 1 June 1994 in the case of the VEA, or 1 July 2004 in the case of the MRCA respectively, unless this Statement of Principles upholds that claim (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA).

 

6.             This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 2 November 2011 concerning hyperthyroidism in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence available to the Authority.

 

7.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to hyperthyroidism in the Government Notices Gazette of 2 November 2011, 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.  No submissions were received for consideration by the Authority during the investigation.

 

8.             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.

 

9.             The determining of this new Instrument finalises the investigation in relation to hyperthyroidism as advertised in the Government Notices Gazette of 2 November 2011.

 

10.         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. 27 of 2013

Kind of Injury, Disease or Death: Hyperthyroidism and thyrotoxicosis

 

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 hyperthyroidism or thyrotoxicosis;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal; and
  • 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 hyperthyroidism or thyrotoxicosis with the circumstances of eligible service rendered by a person, as set out in clause 4 of the Explanatory Notes.

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. 27 of 2013, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was enacted to address the need for a clear and medically-supported framework for assessing claims related to hyperthyroidism and thyrotoxicosis, particularly for veterans and current or former Defence Force members. The Instrument establishes a Statement of Principles that outlines the specific circumstances and factors that must exist to support a reasonable hypothesis linking hyperthyroidism, thyrotoxicosis, or death from these conditions to particular kinds of military service. This was necessary to provide clarity and consistency in the assessment and determination of related claims, ensuring that claimants and the Repatriation Commission could rely on sound medical-scientific evidence. The Repatriation Medical Authority, which operates under the authority of the Australian Government, determined this Instrument to finalise an investigation into hyperthyroidism that began in 2011. The policy objective of this Instrument is to facilitate the assessment and review of claims while promoting human rights, including the right to social security and an adequate standard of living for affected individuals and their dependents.

Scope and Application

The Repatriation Medical Authority Instrument No. 27 of 2013, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, concerns hyperthyroidism and thyrotoxicosis, including death from these conditions, and is intended to guide the assessment of claims related to these medical conditions. The Authority has determined this Statement of Principles based on sound medical-scientific evidence indicating a connection between these conditions and specific types of military service, such as operational, peacekeeping, hazardous, British nuclear test defence service, warlike, and non-warlike service. This instrument is critical for claims made on or after 1 June 1994 for pensions under the Veterans’ Entitlements Act and 1 July 2004 for compensation under the Military Rehabilitation and Compensation Act. It sets out the minimum factors that must exist to establish a reasonable hypothesis connecting the medical conditions with the service rendered. The instrument also ensures that any claims for pension or compensation regarding hyperthyroidism or thyrotoxicosis, or death from these conditions, cannot be accepted unless this Statement of Principles supports the claim. This legislative instrument is designed to facilitate the assessment, review, and determination of claims by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, and Administrative Appeals Tribunal. It is compatible with human rights as it does not derogate from any human rights and promotes several rights, including the right to social security, adequate standard of living, and the highest attainable standard of physical and mental health.

Key Provisions

The Repatriation Medical Authority has determined Statement of Principles Instrument No. 27 of 2013 concerning hyperthyroidism and thyrotoxicosis, which is related to certain kinds of military service (s. 2). This Statement of Principles sets out the factors that must exist and must be related to the service rendered by a person for a reasonable hypothesis to be raised connecting hyperthyroidism or thyrotoxicosis with that service (s. 4). Claims for pension under the Veterans’ Entitlements Act 1986 or compensation under the Military Rehabilitation and Compensation Act 2004 must be assessed by reference to these Statements of Principles (s. 3). No claim can be accepted unless it is upheld by this Statement of Principles if it was lodged after 1 June 1994 under the Veterans’ Entitlements Act 1986, or after 1 July 2004 under the Military Rehabilitation and Compensation Act 2004 (ss. 5, 120A(3) and 338(3)). The obligations imposed by this legislation include the requirement that the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board or Administrative Appeals Tribunal must consider the Statement of Principles when assessing claims related to hyperthyroidism or thyrotoxicosis (s. 3). The Authority is obligated to ensure that the determination of this Statement of Principles is based on sound medical-scientific evidence and facilitates the assessment and determination of benefits for eligible veterans and service personnel (s. 6). Additionally, the Authority must ensure that any claims for benefits related to hyperthyroidism or thyrotoxicosis are assessed in accordance with the factors outlined in the Statement of Principles. Any breach of the provisions outlined in the Statement of Principles may result in the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board or Administrative Appeals Tribunal rejecting claims that do not meet the stipulated criteria. This could lead to denial of pension or compensation benefits for hyperthyroidism or thyrotoxicosis. The specific penalties for such breaches are not detailed in the explanatory statement, but the consequences would typically involve the invalidity of the claim and the denial of benefits. The legislation ensures that only those claims that align with the medical-scientific evidence and the outlined factors can be accepted and assessed.

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