Statement of Principles concerning malignant neoplasm of the pancreas (Balance of Probabilities) (No. 104 of 2021)

Administered by Department of Veterans' Affairs

Legislation au F2021L01402 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

MALIGNANT NEOPLASM OF THE PANCREAS

(BALANCE OF PROBABILITIES) (NO. 104 OF 2021)

 

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 pancreas (Balance of Probabilities) (No. 104 of 2021).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 74 of 2013 (Federal Register of Legislation No. F2013L01893) determined under subsection 196B(3) of the VEA concerning malignant neoplasm of the pancreas.

3.             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 pancreas and death from malignant neoplasm of the pancreas 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 pancreas (Balance of Probabilities) (No. 104 of 2021).  This Instrument will in effect replace the repealed Statement of Principles.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, malignant neoplasm of the pancreas or death from malignant neoplasm of the pancreas 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 9 March 2021 concerning malignant neoplasm of the pancreas 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 'malignant neoplasm of the pancreas' 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 smoked tobacco products, for clinical onset only;
  • revising the factor in subsection 9(2) concerning the oral use of smokeless tobacco, for clinical onset only;
  • revising the factor in subsection 9(3) concerning being overweight or obese,  for clinical onset only;
  • new definitions of 'being overweight or obese', 'BMI', 'MRCA', 'one pack-year' and 'VEA' in Schedule 1 - Dictionary;
  • revising the definition of 'relevant service'  in Schedule 1 - Dictionary; and
  • deleting the definitions of 'being obese' and 'pack-years of cigarettes, or the equivalent thereof in other tobacco products'.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to malignant neoplasm of the pancreas in the Government Notices Gazette of 9 March 2021, 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.  Two submissions were received for consideration by the Authority in relation to 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 malignant neoplasm of the pancreas as advertised in the Government Notices Gazette of 9 March 2021.

References

11.         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. 104 of 2021

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

 

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 pancreas;
  • 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 pancreas 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. 74 of 2013; and
  • reflects developments in the available sound medical-scientific evidence concerning malignant neoplasm of the pancreas 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 pancreas (Balance of Probabilities) (No. 104 of 2021) was enacted to address the problem of linking malignant neoplasm of the pancreas with specific service circumstances, thereby facilitating the assessment and determination of claims for veterans' entitlements and military rehabilitation and compensation. This legislative instrument was introduced by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The primary policy objective is to ensure that the determination of claims is based on sound medical-scientific evidence, providing a clear framework for both claimants and authorities in the assessment process. The instrument replaces the previous Statement of Principles concerning malignant neoplasm of the pancreas, reflecting the latest medical-scientific evidence and aligning with international human rights standards. This legislative instrument aims to facilitate the claims process by clearly outlining the circumstances under which malignant neoplasm of the pancreas can be connected to particular service circumstances. It promotes the human rights of veterans and Defence Force members, ensuring access to social security, adequate living standards, and the highest attainable standard of health. By replacing the previous instrument with updated evidence and terminology, it enhances the medico-scientific quality of outcomes under the VEA and the MRCA, while ensuring compatibility with human rights as it does not derogate from and promotes various human rights.

Scope and Application

The Statement of Principles concerning malignant neoplasm of the pancreas (Balance of Probabilities) (No. 104 of 2021) applies to individuals seeking compensation under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, specifically those who have served in eligible war service, defence service, or peacetime service and have developed a malignant neoplasm of the pancreas. This legislation aims to establish the connection between the development of this disease and the service rendered by the claimant, determining the factors that must exist and be related to the service to qualify for benefits. The Statement of Principles is applicable across Australia, as it is a Commonwealth Act, and it replaces the previous Statement of Principles concerning malignant neoplasm of the pancreas from 2013. The new instrument has been updated to reflect the latest medical-scientific evidence and revised to adopt a more current format. This legislation does not specify any exclusions or exemptions but focuses on the balance of probabilities to link the disease with service. It is compatible with human rights as it does not derogate from any rights and promotes several human rights by facilitating access to social security and adequate living standards for affected veterans and service members. The Repatriation Medical Authority has the power to extend or restrict the application of this Act through subordinate instruments, ensuring that the legislation remains relevant and effective in light of new evidence or changes in medical understanding. The Authority's determination of this Instrument finalises the investigation into malignant neoplasm of the pancreas, ensuring that claimants and relevant authorities have clear guidelines for assessing and processing claims. This approach aims to streamline the process and ensure fair and informed decisions based on the best available medical-scientific evidence.

Key Provisions

The Statement of Principles concerning malignant neoplasm of the pancreas (Balance of Probabilities) (No. 104 of 2021) is the primary instrument that governs the connection between malignant neoplasm of the pancreas and certain types of service under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It outlines the factors that must exist and be related to specific service conditions before it can be said, on the balance of probabilities, that malignant neoplasm of the pancreas is connected with the circumstances of that service (Section 5). This Statement of Principles applies to eligible war service, defence service, and peacetime service as defined under the respective acts (Section 5). The Statement of Principles serves to replace the previously repealed Instrument No. 74 of 2013 and incorporates the latest available sound medical-scientific evidence concerning the condition (Sections 2 and 7). The obligations imposed by this Statement of Principles include the requirement for claimants to establish the existence of specific factors related to their service to qualify for benefits under the VEA and MRCA. The Repatriation Medical Authority (the Authority) is responsible for determining the connection between malignant neoplasm of the pancreas and service based on the sound medical-scientific evidence available. This includes the duty to review and update the Statement of Principles as new evidence emerges. The Authority must also ensure that the process for determining these connections is transparent, reasonable, and proportionate, thereby promoting the human rights of veterans and service members (Sections 4 and 9). Breach of the provisions outlined in the Statement of Principles can lead to civil and criminal consequences. While the specific offences and penalties are not detailed within the Statement itself, violations of the VEA and MRCA can result in penalties under those acts. For instance, providing false or misleading information to obtain benefits can be considered fraud, which may result in fines and imprisonment under the criminal law. Additionally, failure to comply with the Authority's determinations may lead to administrative penalties or legal challenges through the Veterans' Review Board or the Administrative Appeals Tribunal (Sections 8 and 9). The maximum penalties for criminal offences under the VEA can include fines of up to $22,200 and imprisonment for up to 2 years, depending on the severity of the offence.

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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.