Statement of Principles concerning malignant melanoma of the skin (Balance of Probabilities) (No. 103 of 2015)

Administered by Department of Veterans' Affairs

Legislation au F2015L01318 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 103 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. 80 of 2007, determined under subsection 196B(3) of the VEA concerning malignant melanoma of the skin.
  2. The Authority is of the view that there is sound medical-scientific evidence that indicates that malignant melanoma of the skin and death from malignant melanoma of the skin 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 malignant melanoma of the skin (Balance of Probabilities) (No. 103 of 2015).  This Instrument will in effect replace the revoked Statement of Principles.

Purpose and Operation

3.             The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).

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, malignant melanoma of the skin or death from malignant melanoma of the skin 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.

5.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 31 October 2012 concerning malignant melanoma of the skin 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:

  • 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 'malignant melanoma of the skin' in subsection 7(2);
  • revising the factor in subsection 9(1) concerning 'sunburn';
  • revising the factor in subsection 9(2) concerning 'sunlight or ultraviolent light exposure';
  • new factor in subsection 9(3) concerning 'ultraviolet radiation exposure from an ultraviolet-emitting tanning device';
  • new factor in subsection 9(4) concerning 'solid organ or bone marrow transplantation';
  • revising the factor in subsection 9(5) concerning 'an immunosuppressive drug';
  • new factor in subsection 9(7) concerning 'human immunodeficiency virus';
  • new factor in subsection 9(8) concerning 'non-Hodgkin's lymphoma or chronic lymphocytic leukaemia/small cell lymphoma';
  • new factor in subsection 9(9) concerning 'Parkinson's disease';
  • new definitions of 'equivalent sunlight exposure in other latitude zones', 'MRCA', 'sunburn as specified', 'tropical area', 'unprotected skin' and 'VEA' in Schedule 1 - Dictionary;
  • revising the definitions of 'immunosuppressive drug' and 'relevant service' in Schedule 1 - Dictionary; and
  • deleting the definitions of 'solar UV exposure factor ratio', 'solar UV exposure factor ratio formula' and 'sunburn'.

Consultation

7.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to malignant melanoma of the skin in the Government Notices Gazette of 31 October 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.  No submissions were received for consideration by the Authority during the investigation.

Human Rights

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.

Finalisation of Investigation

9.             The determining of this Instrument finalises the investigation in relation to malignant melanoma of the skin as advertised in the Government Notices Gazette of 31 October 2012.

References

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. 103 of 2015

Kind of Injury, Disease or Death: Malignant melanoma of the skin

 

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 malignant melanoma of the skin;
  • 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, malignant melanoma of the skin 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. 80 of 2007; and
  • reflects developments in the available sound medical-scientific evidence concerning malignant melanoma of the skin 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. 103 of 2015, which pertains to malignant melanoma of the skin, was enacted to address the medical-scientific evidence linking malignant melanoma of the skin and death from malignant melanoma of the skin with particular types of service, as per subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA). This Instrument revokes Instrument No. 80 of 2007 and replaces it with the updated Statement of Principles concerning malignant melanoma of the skin. The primary purpose of this legislation is to establish the factors necessary for determining the connection between malignant melanoma of the skin and service circumstances under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Authority's investigation, announced in the Government Notices Gazette on 31 October 2012, examined the latest medical-scientific evidence available, leading to the revision of several factors and definitions, as well as the incorporation of new factors related to melanoma development. This legislative instrument aims to facilitate the claims process for veterans and service personnel, ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting the human rights of affected individuals.

Scope and Application

The Repatriation Medical Authority Instrument No. 103 of 2015, concerning malignant melanoma of the skin, applies to individuals making claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation is designed to facilitate the assessment and determination of claims for medical treatment and compensation related to malignant melanoma of the skin for those who have rendered eligible service, such as eligible war service, defence service, and peacetime service. The Instrument outlines specific factors that must be present and related to the service to establish a connection between the melanoma and the service circumstances. It replaces the previously revoked Instrument No. 80 of 2007, reflecting updated medical-scientific evidence. The scope of the Instrument is national, given its determination under the VEA and MRCA, which have federal jurisdiction. There are no stated exclusions or exemptions in this Instrument, but it does specify thresholds and factors that must be met for a claim to be considered valid. The application and interpretation of this Instrument may be further refined through subordinate instruments.

Key Provisions

The main operative sections of this Instrument, No. 103 of 2015, detail the Statement of Principles concerning malignant melanoma of the skin, as determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This Statement of Principles (section 4) outlines the circumstances under which malignant melanoma of the skin can be connected to particular kinds of service, including eligible war service, defence service, and peacetime service. It specifies factors such as sunburn, exposure to sunlight or ultraviolet light, and other medical conditions that must be related to the service in question. These provisions aim to facilitate claims for medical treatment and compensation under the VEA and MRCA. The Act imposes obligations on claimants and the Repatriation Commission to ensure that the factors outlined in the Statement of Principles are considered when assessing claims related to malignant melanoma of the skin. Claimants must provide evidence that links their condition to their service, while the Repatriation Commission must evaluate this evidence against the specified factors. Additionally, the Veterans' Review Board and the Administrative Appeals Tribunal have the responsibility to review decisions made by the Repatriation Commission, ensuring that the claims process is fair and transparent. Breach of the provisions outlined in this Instrument may lead to civil or criminal consequences, though specific penalties are not detailed within the text. The Authority's determination is based on sound medical-scientific evidence and is intended to improve the quality of medico-scientific outcomes under the VEA and MRCA. While the explanatory statement does not specify penalties for non-compliance, it is important to note that failure to adhere to the established criteria could result in the denial of claims or other legal repercussions. The compatibility of this Instrument with human rights is affirmed, as it does not derogate from any human rights and promotes various rights, including the right to social security and the highest attainable standard of physical and mental health.

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