Statement of Principles concerning labral tear of the hip and shoulder (Reasonable Hypothesis) (No. 33 of 2026)

Administered by Department of Veterans' Affairs

Legislation au F2026L00455 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

LABRAL TEAR OF THE HIP AND SHOULDER

(REASONABLE HYPOTHESIS) (NO. 33 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 (Reasonable Hypothesis) (No. 33 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. 36 of 2017 (Federal Register of Legislation No. F2017L00885) determined under subsection/s 196B(2) of the VEA concerning labral tear.
  2.              The Authority is of the view that there is sound medical-scientific evidence that indicates 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(2) of the VEA a Statement of Principles concerning labral tear of the hip and shoulder (Reasonable Hypothesis) (No. 33 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 This Instrument will in effect replace the repealed Statement of Principles.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 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 labral tear of the hip and shoulder or death from labral tear of the hip and shoulder, 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 inability 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 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. 33 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(2) 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting labral tear of the hip and shoulder with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 36 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 (Reasonable Hypothesis) (No. 33 of 2026) was determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument was introduced to address the need for updated medical-scientific evidence concerning the connection between labral tear of the hip and shoulder and particular kinds of service rendered by a person. The purpose of this Statement of Principles is to facilitate claims under the VEA and the MRCA by setting out the minimum factors that must exist, and which of those factors must be related to the relevant service, before a reasonable hypothesis can be raised connecting labral tear of the hip and shoulder or death from labral tear of the hip and shoulder with the circumstances of that service. This instrument promotes human rights by facilitating the assessment and determination of social security benefits, ensuring adequate standard of living, highest attainable standard of physical and mental health, and the rights of persons with disabilities, all without discrimination. 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.

Scope and Application

The Statement of Principles concerning labral tear of the hip and shoulder (Reasonable Hypothesis) (No. 33 of 2026) applies to individuals who have served in the Australian Defence Force under specified circumstances, including operational, peacekeeping, hazardous, and British nuclear test defence service as defined under the Veterans' Entitlements Act 1986, as well as warlike and non-warlike service under the Military Rehabilitation and Compensation Act 2004. This Statement of Principles is designed to facilitate the assessment and determination of claims for benefits and compensation for veterans and current or former Defence Force members who have developed labral tears of the hip and shoulder due to their service. It outlines the medical-scientific evidence and circumstances that must exist for a reasonable hypothesis to be raised that the labral tear is related to their service, thereby qualifying them for benefits under the relevant Acts. The Instrument has nationwide applicability across Australia and replaces the previously repealed Instrument No. 36 of 2026, reflecting the latest available sound medical-scientific evidence on the condition. The application of this Statement of Principles is governed by the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, ensuring that the determination of claims is consistent with the legislative frameworks designed to support veterans and Defence Force members. The Authority's decision to determine this Instrument finalises the investigation into labral tears of the hip and shoulder, which was advertised in the Government Notices Gazette on 28 April 2025. This Legislative Instrument promotes human rights by facilitating access to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, ensuring that benefits are provided without discrimination.

Key Provisions

The main operative sections of this Statement of Principles outline the circumstances under which labral tear of the hip and shoulder can be considered related to service under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Specifically, Section 7 defines "labral tear of the hip and shoulder" and specifies the kinds of service that can be considered relevant, such as operational, peacekeeping, hazardous, British nuclear test defence, warlike, and non-warlike service. Section 9 lists the factors that must be present, including significant force, forceful and repetitive motions, pregnancy, and inability to obtain appropriate clinical management. These factors must be related to the relevant service for a reasonable hypothesis to be raised. The Statement of Principles imposes certain obligations on the parties involved. Claimants must provide evidence that their labral tear of the hip and shoulder meets the criteria set out in the Statement of Principles, including demonstrating a connection to the relevant service. The Repatriation Commission and the Military Rehabilitation and Compensation Commission must assess claims based on the factors outlined in the Statement of Principles and the available sound medical-scientific evidence. The Veterans' Review Board and the Administrative Appeals Tribunal are responsible for reviewing decisions made by these Commissions. There are no explicit offences, penalties, or civil/criminal consequences for breach mentioned in the Statement of Principles itself. However, the failure to comply with the requirements for making a claim or the assessment process could result in the denial of benefits under the VEA and MRCA. Additionally, any fraudulent claims or misrepresentation of facts could lead to criminal charges under the general laws of Australia, with potential penalties including fines and imprisonment. This Statement of Principles aims to ensure that claimants who have labral tear of the hip and shoulder and can demonstrate a connection to their service are eligible for medical treatment and compensation. By setting out the necessary factors and circumstances, it provides clarity and consistency in the assessment and determination of claims, promoting the human rights of veterans and Defence Force members.

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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.