Statement of Principles concerning malignant neoplasm of the pancreas (Reasonable Hypothesis) (No. 103 of 2021)

Administered by Department of Veterans' Affairs

Legislation au F2021L01401 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

MALIGNANT NEOPLASM OF THE PANCREAS

(REASONABLE HYPOTHESIS) (NO. 103 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 (Reasonable Hypothesis) (No. 103 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. 73 of 2013 (Federal Register of Legislation No. F2013L01891) determined under subsections 196B(2) and (8) of the VEA concerning malignant neoplasm of the pancreas.

3.             The Authority is of the view that there is sound medical-scientific evidence that indicates 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(2) of the VEA a Statement of Principles concerning malignant neoplasm of the pancreas (Reasonable Hypothesis) (No. 103 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  This Instrument will in effect replace the repealed Statement of Principles.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 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 malignant neoplasm of the pancreas or death from malignant neoplasm of the pancreas, 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 factor in subsection 9(6) concerning having acute pancreatitis, for clinical onset only;
  • revising the factor in subsection 9(7) concerning inhaling, ingesting or having cutaneous contact with DDT, for clinical onset only;
  • revising the factor in subsection 9(9) concerning having received ionising radiation to the pancreas, from internal deposition of a therapeutic or diagnostic substance which emits alpha particles, for clinical onset only;
  • new factor in subsection 9(11) concerning having infection with hepatitis B virus, for clinical onset only;
  • new factor in subsection 9(12) concerning having infection with hepatitis C virus, for clinical onset only;
  • new definitions of 'being overweight or obese', 'BMI', 'MRCA', 'one pack-year' and 'VEA' in Schedule 1 - Dictionary;
  • revising the definitions of 'inhaling, ingesting or having cutaneous contact with DDT' and '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. 103 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(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 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting malignant neoplasm of the pancreas with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 73 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 (Reasonable Hypothesis) (No. 103 of 2021) was enacted by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation aims to address the gap in the existing framework by establishing the necessary criteria and conditions under which a reasonable hypothesis can be raised that malignant neoplasm of the pancreas, or death from such a neoplasm, is related to particular kinds of military service. The objective is to facilitate claims for medical treatment and compensation for veterans and current or former Defence Force members who have been diagnosed with this condition, ensuring that the process is grounded in sound medical-scientific evidence. The Repatriation Medical Authority, in undertaking this task, ensures that the new Statement of Principles reflects the latest developments in medical science and replaces the previous Statement of Principles No. 73 of 2013, which was repealed to incorporate these updates. The new Statement of Principles sets out specific factors that must exist, and which of those factors must be related to the service rendered by a person, before a reasonable hypothesis can be considered. These factors include exposure to certain substances, lifestyle habits, and other medical conditions that have been identified through medical-scientific evidence as potentially related to the development of malignant neoplasm of the pancreas. The document emphasises that the principles are compatible with human rights, promoting the rights of veterans and their dependents to social security, an adequate standard of living, and the highest attainable standard of physical and mental health without discrimination.

Scope and Application

The Statement of Principles concerning malignant neoplasm of the pancreas (Reasonable Hypothesis) (No. 103 of 2021) applies to veterans and current or former Defence Force members who are seeking claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, respectively. It sets out the minimum factors that must exist to raise a reasonable hypothesis connecting malignant neoplasm of the pancreas or death from malignant neoplasm of the pancreas with particular kinds of service rendered by the claimant. The Statement of Principles applies to operational, peacekeeping, hazardous, and British nuclear test defence service under the Veterans' Entitlements Act 1986, and warlike and non-warlike service under the Military Rehabilitation and Compensation Act 2004. The Statement of Principles has a national jurisdictional reach as it is determined under the Commonwealth Acts mentioned above. There are no stated exclusions, exemptions, or thresholds in the Statement of Principles. The application of the Statement of Principles may be extended or restricted through subordinate instruments, such as regulations or guidelines, which may provide further detail or clarification on the application of the Statement of Principles. However, the Statement of Principles itself does not extend or restrict its application through subordinate instruments. The Statement of Principles is compatible with human rights as it does not derogate from and promotes a number of human rights, including the right to social security, the right to an adequate standard of living, the right to the enjoyment of the highest attainable standard of physical and mental health, and the rights of persons with disabilities. The Statement of Principles ensures that these 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". The Statement of Principles also facilitates the assessment and determination of social security benefits and compensation and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members.

Key Provisions

The main operative sections of the Statement of Principles concerning malignant neoplasm of the pancreas (Reasonable Hypothesis) (No. 103 of 2021) (Section 5) establish the criteria that must exist for a reasonable hypothesis to be raised connecting malignant neoplasm of the pancreas or death from such a neoplasm with certain kinds of service rendered by a person. This includes operational service, peacekeeping service, hazardous service, British nuclear test defence service, warlike service, and non-warlike service as defined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Statement of Principles specifies the minimum factors that need to be related to these kinds of service for a reasonable hypothesis to be considered valid. These factors include exposure to certain substances, lifestyle choices, and medical history. The obligations imposed by this Act on the parties or entities it governs primarily involve the Repatriation Medical Authority (the Authority) determining the sound medical-scientific evidence available and ensuring that the Statement of Principles reflects the latest research and developments. The Authority is responsible for repealing previous instruments concerning malignant neoplasm of the pancreas, such as Instrument No. 73 of 2013, and replacing them with this new Statement of Principles. Additionally, the Repatriation Commission and the Military Rehabilitation and Compensation Commission must use these principles when assessing claims and providing compensation or medical treatment to eligible persons. Claimants, in turn, must provide evidence that aligns with the factors outlined in the Statement of Principles to support their claims. The Statement of Principles does not explicitly list specific offences or penalties for breach. However, any failure to comply with the requirements of the VEA and the MRCA, or any misconduct in the claims process, may result in civil or criminal consequences as per the relevant provisions of these Acts. For instance, knowingly making a false statement in a claim could lead to penalties under section 127 of the VEA, which includes fines and imprisonment. Similarly, under the MRCA, fraudulent claims could result in penalties under section 145, which includes fines and imprisonment. The maximum penalties for such offences are detailed in the respective Acts and may vary based on the severity and circumstances of the breach. The Statement of Principles, by outlining the necessary factors for a reasonable hypothesis concerning malignant neoplasm of the pancreas, ensures that the claims process is both transparent and evidence-based. It protects the rights of veterans and service personnel by facilitating fair and accurate assessments of their entitlements, while also upholding the integrity of the compensation and rehabilitation systems under the VEA and the MRCA.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
Consultation Requirements

Interactions

Authorises

All Versions

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.