Statement of Principles concerning malignant neoplasm of the endometrium (Balance of Probabilities) (No. 32 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00155 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

MALIGNANT NEOPLASM OF THE ENDOMETRIUM

(BALANCE OF PROBABILITIES) (NO. 32 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning malignant neoplasm of the endometrium (Balance of Probabilities) (No. 32 of 2025).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 12 of 2016 (Federal Register of Legislation No. F2016L00244) determined under subsections 196B(3) and (8) of the VEA concerning malignant neoplasm of the endometrium.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that malignant neoplasm of the endometrium and death from malignant neoplasm of the endometrium 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 neoplasm of the endometrium (Balance of Probabilities) (No. 32 of 2025).  This Instrument will in effect replace the repealed Statement of Principles.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, malignant neoplasm of the endometrium or death from malignant neoplasm of the endometrium 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 7 November 2023 concerning malignant neoplasm of the endometrium 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 'malignant neoplasm of the endometrium' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factor in subsection 9(1) concerning having never been pregnant;
  • revising the factor in subsection 9(3) concerning having cyclical combined hormone replacement therapy;
  • revising the factor in subsection 9(7) concerning an inability to undertake any physical activity;
  • new factor in subsection 9(8) concerning having undergone treatment with Tibolone;
  • deleting factor concerning having polycystic ovary syndrome;
  • deleting factor concerning using the sequential oral contraceptive pill Oracon;
  • deleting factor concerning regular smoking habits, for post-menopausal females;
  • deleting factor concerning ionising radiation; and
  • deleting the definitions of 'cumulative equivalent dose', 'cyclical combined hormone replacement therapy', 'nulliparous', 'pack-years of cigarettes, or the equivalent thereof in other tobacco products', 'polycystic ovary syndrome', 'regular smoking habit', 'sequential oral contraceptive pill Oracon'.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to malignant neoplasm of the endometrium in the Government Notices Gazette of 7 November 2023, 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.
  2.              On 22 November 2024, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed Instrument and the medical-scientific material considered by the Authority.  This letter emphasised the deletion of factors relating to:
  • 9(4) deleting factor concerning having polycystic ovary syndrome;
  • 9(6) deleting factor concerning using the sequential oral contraceptive pill Oracon;
  • 9(11) deleting factor concerning regular smoking habits, for post-menopausal females;
  • 9(12) deleting factor concerning ionising radiation;
  • 9(9) deleting factor concerning having an oestrogen-secreting ovarian tumour;

The Authority provided an opportunity to the organisations to make representations in relation to the proposed Instrument prior to its determination.  No submissions were received for consideration by the Authority.  No changes were made to the proposed Instrument following this consultation process.

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 malignant neoplasm of the endometrium as advertised in the Government Notices Gazette of 7 November 2023.

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. 32 of 2025

Kind of Injury, Disease or Death: Malignant neoplasm of the endometrium

 

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 malignant neoplasm of the endometrium;
  • 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 neoplasm of the endometrium 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. 12 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning malignant neoplasm of the endometrium 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 Malignant Neoplasm of the Endometrium (Balance of Probabilities) (No. 32 of 2025) was enacted to address the connection between malignant neoplasm of the endometrium and particular kinds of service under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument was developed by the Repatriation Medical Authority, which reviewed the available medical-scientific evidence and concluded that it is more probable than not that malignant neoplasm of the endometrium can be related to certain types of service. The primary objective of this legislation is to establish the specific factors that must be present for a claim to be considered valid, thereby facilitating the assessment and review of claims for medical treatment and compensation for eligible veterans and service members. This instrument replaces the previous Statement of Principles (No. 12 of 2016), reflecting updated medical-scientific evidence and ensuring that the criteria for claiming benefits are both reasonable and proportionate. The Repatriation Medical Authority engaged in a consultation process, notifying relevant organisations and inviting submissions, though no changes were made following this consultation. The legislation is compatible with human rights, promoting the rights to social security, adequate living standards, and health, without any form of discrimination.

Scope and Application

The Statement of Principles concerning malignant neoplasm of the endometrium (Balance of Probabilities) (No. 32 of 2025) applies to veterans and current or former Defence Force members who are seeking compensation or medical treatment for malignant neoplasm of the endometrium under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument sets out the specific factors that must be present and related to eligible service for a claim to be considered valid, focusing on the connection between the service and the development of the condition. The factors include details about the individual’s service history, medical history, and other relevant circumstances that need to be established to determine a connection on the balance of probabilities. This instrument replaces the previous Statement of Principles (Instrument No. 12 of 2016) and reflects updated medical-scientific evidence concerning malignant neoplasm of the endometrium. It applies nationally across Australia and facilitates the assessment and review processes by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, and the Administrative Appeals Tribunal. There are no exclusions or exemptions specified in the Statement of Principles, but the application is contingent upon the availability of sound medical-scientific evidence. The Repatriation Medical Authority has the ability to extend or restrict the application of this instrument through subordinate instruments as necessary.

Key Provisions

The Statement of Principles concerning malignant neoplasm of the endometrium (Balance of Probabilities) (No. 32 of 2025) outlines the specific circumstances under which claims can be made for compensation and medical treatment for malignant neoplasm of the endometrium (section 5). It specifies the factors that must exist and be related to particular kinds of service rendered by a person, including eligible war service, defence service, and peacetime service, for the condition to be considered connected with the circumstances of that service (section 5). The Statement of Principles also includes definitions of key terms such as'malignant neoplasm of the endometrium', which is defined as a primary malignant neoplasm of the endometrium, and its related ICD-10-AM code (subsection 7(2) and (4)). The legislation details the factors that must be present, such as the nature of the service, the diagnosis of the condition, and the absence of other contributing factors (subsection 9). The obligations imposed by the Act require claimants to provide evidence that their malignant neoplasm of the endometrium is related to their service, as specified in the Statement of Principles. This includes demonstrating that the condition is connected to the circumstances of their service and that it is not due to other factors such as pre-existing conditions or lifestyle choices (subsection 9). The Act also mandates that the Repatriation Medical Authority consider the latest medical-scientific evidence when assessing claims, ensuring that decisions are based on the most current and reliable information available (subsection 196B(3)). Violations of the provisions outlined in the Statement of Principles can lead to civil or criminal consequences, although specific penalties are not detailed in the text. Non-compliance with the requirements for evidence and documentation can result in the rejection of a claim. Additionally, any misrepresentation of facts in a claim can lead to further legal consequences, including potential penalties under other relevant legislation. The Statement of Principles itself does not specify maximum penalties but refers to the broader legislative framework under which it operates.

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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.