Statement of Principles concerning iliotibial band syndrome (Balance of Probabilities) (No. 4 of 2019)

Administered by Department of Veterans' Affairs

Legislation au F2018L01839 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

ILIOTIBIAL BAND SYNDROME

(BALANCE OF PROBABILITIES) (NO. 4 OF 2019)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning iliotibial band syndrome (Balance of Probabilities) (No. 4 of 2019).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 35 of 2010 (Federal Register of Legislation No. F2010L01051) determined under subsection 196B(3) of the VEA concerning iliotibial band syndrome.

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that iliotibial band syndrome and death from iliotibial band syndrome 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 iliotibial band syndrome (Balance of Probabilities) (No. 4 of 2019).  This Instrument will in effect replace the repealed Statement of Principles.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 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, iliotibial band syndrome or death from iliotibial band syndrome 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.

6.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 14 November 2017 concerning iliotibial band syndrome 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 'iliotibial band syndrome' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factors in subsections 9(1) & 9(7) concerning 'running or jogging';
  • revising the factors in subsections 9(2) & 9(8) concerning 'weight bearing exercise';
  • revising the factors in subsections 9(3) & 9(9) concerning 'increasing the frequency, duration or intensity of weight bearing activity';
  • new factors in subsections 9(4) & 9(10) concerning 'cycling';
  • new factors in subsections 9(5) & 9(11) concerning 'increasing the frequency, duration or intensity of cycling';
  • new factors in subsections 9(6) & 9(12) concerning 'knee reconstruction surgery';
  • new definitions of 'MRCA' and 'VEA' in Schedule 1 - Dictionary; and
  • revising the definition of 'relevant service' in Schedule 1 - Dictionary.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to iliotibial band syndrome in the Government Notices Gazette of 14 November 2017, 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 during 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 iliotibial band syndrome as advertised in the Government Notices Gazette of 14 November 2017.

References

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. 4 of 2019

Kind of Injury, Disease or Death: Iliotibial band syndrome

 

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 these instruments outlining the factors linking 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 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 iliotibial band syndrome;
  • 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, iliotibial band syndrome 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. 35 of 2010; and
  • reflects developments in the available sound medical-scientific evidence concerning iliotibial band syndrome 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;
  • 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 iliotibial band syndrome (Balance of Probabilities) (No. 4 of 2019) was introduced by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument, which replaces the previously repealed Instrument No. 35 of 2010, was developed to address the need for updated and comprehensive guidelines for assessing the connection between iliotibial band syndrome and various types of service rendered by veterans and service personnel. It aims to facilitate the process of making claims and assessing these claims under the two Acts by specifying the necessary factors and circumstances that must exist for a claim to be considered valid, thus ensuring that compensation and medical treatment are extended to eligible persons. The instrument was determined after an investigation into iliotibial band syndrome, which incorporated the latest sound medical-scientific evidence available. This legislative instrument is compatible with human rights, promoting various rights including social security, adequate standard of living, and health, without any form of discrimination. The Statement of Principles outlines the specific factors that must be present and related to eligible service to establish a probable connection between iliotibial band syndrome and the service rendered. These factors include activities such as running, jogging, weight-bearing exercises, cycling, and knee reconstruction surgery. The instrument reflects advancements in medical-scientific evidence since the previous instrument was determined. It is designed to improve the quality of medico-scientific outcomes under the relevant Acts, ensuring that the assessment and determination of benefits and compensation are fair, proportionate, and transparent. This legislative instrument does not infringe upon any human rights and actively promotes several rights, including those related to social security, living standards, health, and non-discrimination.

Scope and Application

The Statement of Principles concerning Iliotibial Band Syndrome (Balance of Probabilities) (No. 4 of 2019) applies to veterans and current or former Defence Force members who are eligible for benefits under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation serves to outline the specific circumstances and factors that must exist for a claim of iliotibial band syndrome to be connected to eligible service, which includes eligible war service, defence service, and peacetime service. The Act operates across the Commonwealth of Australia and is intended to facilitate the assessment of claims and the provision of medical treatment and compensation. It replaces the previous Statement of Principles concerning iliotibial band syndrome from 2010 and incorporates updated medical-scientific evidence. There are no specific exclusions or exemptions mentioned, but the determination of a claim will depend on the balance of probabilities supported by the available evidence. The application of this Act can be extended or clarified through subordinate instruments, although no such extensions are noted in the provided text.

Key Provisions

The Statement of Principles concerning iliotibial band syndrome (Balance of Probabilities) (No. 4 of 2019) outlines the factors that must exist for a person to claim that iliotibial band syndrome or death from this condition is connected with certain kinds of service under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). These factors are detailed in sections 7 through 12 of the Statement of Principles, which provide definitions and explanations of the condition, relevant service types, and the specific circumstances that must be met for a claim to be considered. The primary requirement is that the claimant must demonstrate a connection between their service and the development of iliotibial band syndrome or death from this condition based on the available sound medical-scientific evidence. The Act imposes several obligations on parties involved in claims related to iliotibial band syndrome. Claimants must provide evidence that satisfies the criteria outlined in the Statement of Principles, including proof that their service involved the specified activities and conditions that could lead to the development of the syndrome. The Repatriation Medical Authority and the relevant Commissions under the VEA and MRCA are required to assess these claims based on the factors set out in the Statement of Principles and the available medical evidence. Additionally, these authorities must ensure that the claims process is transparent and that the benefits are provided to eligible persons in a fair and timely manner. Breaches of the obligations set out in the Statement of Principles can result in various consequences. While the Statement of Principles itself does not explicitly outline specific offences or penalties, any failure to comply with the requirements for claiming benefits under the VEA or MRCA may lead to the denial of benefits. In cases where fraudulent claims are made, the individuals involved could face criminal charges and penalties under the relevant acts, including fines and imprisonment. The severity of the penalties would depend on the specific laws breached and the discretion of the court. The Statement of Principles ensures that the assessment of claims related to iliotibial band syndrome is based on sound medical-scientific evidence and that the rights of veterans and service personnel are protected. It facilitates the process of determining the eligibility for benefits and compensation by clearly outlining the necessary factors and circumstances. By doing so, the Statement of Principles aims to uphold the human rights of veterans, service personnel, and their dependents, ensuring that they receive the appropriate support and recognition for their service-related injuries and conditions.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Rights & Protections

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.