Statement of Principles concerning labral tear of the hip and shoulder (Balance of Probabilities) (No. 34 of 2026)

Administered by Department of Veterans' Affairs

Legislation au F2026L00456 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

LABRAL TEAR OF THE HIP AND SHOULDER

(BALANCE OF PROBABILITIES) (NO. 34 OF 2026)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning labral tear of the hip and shoulder (Balance of Probabilities) (No. 34 of 2026).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 37 of 2017 (Federal Register of Legislation No. F2017L00886) determined under subsection 196B(3) of the VEA concerning labral tear.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that labral tear of the hip and shoulder and death from labral tear of the hip and shoulder 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 labral tear of the hip and shoulder (Balance of Probabilities) (No. 34 of 2026). This Instrument will in effect replace the repealed Statement of Principles.

Purpose and Operation

  1.              The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).
  2.              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, labral tear of the hip and shoulder or death from labral tear of the hip and shoulder 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.

  1.              This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 28 April 2025 concerning labral tear 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.
  2.              The contents of this Instrument are in similar terms as the repealed Instrument.  Comparing this Instrument and the repealed Instrument, the differences include:
  • specifying a day of commencement for the Instrument in section 2;
  • revising the definition of ‘labral tear of the hip and shoulder’ in subsection 7(2);
  • specifying the application of the Instrument in subsection 7(3);
  • revising the factor in subsection 9(1) concerning having a significant force applied by the inclusion of a note;
  • revising the factor in subsection 9(2) concerning performing forceful and repetitive motions;
  • revising the factor in subsection 9(3) concerning pregnancy;
  • revising the factor in subsection 9(4) concerning in ability to obtain appropriate clinical management and;
  • new definition of ‘clinical onset’ in Schedule 1 – Dictionary.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to labral tear in the Government Notices Gazette of 28 April 2025, 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

  1.              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

  1.          The determining of this Instrument finalises the investigation in relation to labral tear of the hip and shoulder as advertised in the Government Notices Gazette of 28 April 2025.

References

  1.          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. 34 BP of 2026

Kind of Injury, Disease or Death: labral tear of the hip and shoulder

 

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(3) 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 labral tear of the hip and shoulder;
  • 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, labral tear of the hip and shoulder 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. 37 of 2017; and
  • reflects developments in the available sound medical-scientific evidence concerning labral tear of the hip and shoulder 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 labral tear of the hip and shoulder (Balance of Probabilities) (No. 34 of 2026) was introduced by the Repatriation Medical Authority under the authority granted by subsection 196B(3) of the Veterans' Entitlements Act 1986. This instrument aims to provide clarity and guidance for the assessment of claims related to labral tears in the hip and shoulder by veterans and service personnel under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It reflects the most current sound medical-scientific evidence available and replaces the previously repealed Statement of Principles No. 37 of 2017. The primary objective of this legislative instrument is to ensure that claimants and the relevant authorities have a transparent and reasonable framework for assessing and determining eligibility for benefits and compensation related to labral tears, thereby promoting the human rights of veterans, service personnel, and their dependents. This includes facilitating the enjoyment of social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

Scope and Application

The Statement of Principles concerning labral tear of the hip and shoulder (Balance of Probabilities) (No. 34 of 2026) applies to individuals who are making or have made claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Specifically, it applies to eligible veterans and current or former Defence Force members who have sustained a labral tear of the hip or shoulder and wish to claim that their injury is related to their service. This instrument outlines the circumstances under which a connection can be established between the labral tear and the service rendered, ensuring that the claims process is grounded in sound medical-scientific evidence. The geographic reach of this legislation is national, as it applies to claims across Australia and is determined by the Commonwealth under the authority of the Repatriation Medical Authority. This instrument excludes any claims that do not meet the specified criteria for a connection between the labral tear and the service. The application of this instrument can be extended or restricted through subordinate instruments, which may include regulations or further statements of principles as new evidence becomes available. The current version of the instrument revises several factors related to labral tear, including definitions and specific conditions that must be met for a claim to be substantiated. This Statement of Principles replaces the previously repealed Instrument No. 37 of 2017, reflecting updated medical-scientific evidence.

Key Provisions

The Statement of Principles concerning labral tear of the hip and shoulder (Balance of Probabilities) (No. 34 of 2026) primarily serves to outline the circumstances under which claims for compensation and medical treatment can be made by veterans and service personnel who have experienced labral tear of the hip and shoulder. The key provisions (sections 2-9) define the conditions under which such claims can be considered, detailing the types of service that need to be linked to the injury, and the specific factors that must be proven. The Statement of Principles requires that the claimant demonstrate a connection between the labral tear and the service rendered, which includes showing that the injury occurred under conditions more probable than not related to the service (section 9). The obligations and requirements imposed by this Act include the necessity for claimants to provide sufficient evidence linking their labral tear to their service. This evidence must align with the factors stipulated in the Statement of Principles, such as the application of significant force, performing forceful and repetitive motions, or pregnancy, which could have contributed to the injury (section 9). Additionally, claimants must demonstrate that they were unable to obtain appropriate clinical management for their condition (section 9). The onus is on the claimant to present this evidence in a manner that satisfies the Repatriation Medical Authority, which assesses the validity of the claims. Failure to comply with the requirements of this Act can result in serious consequences. Although specific penalties are not outlined in the provided text, breaches of the provisions could lead to the denial of claims for compensation and medical treatment. The implications of non-compliance could also extend to legal challenges, where the claimants might contest the decisions made by the Repatriation Medical Authority. The Act ensures that claims are assessed based on sound medical-scientific evidence, and any failure to provide adequate evidence could result in the rejection of the claim. This stringent approach ensures that only those who meet the specified criteria are eligible for benefits under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.

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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.