Statement of Principles concerning malignant neoplasm of the testis and epididymis (Balance of Probabilities) (No. 8 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L00050 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

MALIGNANT NEOPLASM OF THE TESTIS AND EPIDIDYMIS

(BALANCE OF PROBABILITIES) (NO. 8 OF 2024)

 

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 testis and epididymis (Balance of Probabilities) (No. 8 of 2024).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 4 of 2015 (Federal Register of Legislation No. F2014L01815) determined under subsection 196B(3) of the VEA concerning malignant neoplasm of the testis and paratesticular tissues.

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 testis and epididymis and death from malignant neoplasm of the testis and epididymis 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 testis and epididymis (Balance of Probabilities) (No. 8 of 2024).  This Instrument will in effect replace the repealed Statement of Principles.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 testis and epididymis or death from malignant neoplasm of the testis and epididymis 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 10 May 2022 concerning malignant neoplasm of the testis and paratesticular tissues 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 testis and epididymis' in subsection 7(2);
  • revising ICD-10-AM codes for 'malignant neoplasm of the testis and epididymis' in subsection 7(3);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • new factor in subsection 9(1) concerning being infected with human immunodeficiency virus; and
  • new definitions of 'MRCA' and 'VEA' in Schedule 1 - Dictionary;

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to malignant neoplasm of the testis and paratesticular tissues in the Government Notices Gazette of 10 May 2022, 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.  One submission was 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 testis and paratesticular tissues as advertised in the Government Notices Gazette of 10 May 2022.

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. 8 of 2024

Kind of Injury, Disease or Death: Malignant neoplasm of the testis and epididymis

 

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 testis and epididymis;
  • 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 testis and epididymis 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. 4 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning malignant neoplasm of the testis and epididymis 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 testis and epididymis (Balance of Probabilities) (No. 8 of 2024) was introduced to address the issue of determining the connection between malignant neoplasm of the testis and epididymis and specific kinds of military service. Enacted by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), this legislative instrument aims to facilitate the assessment and determination of claims for medical treatment and compensation related to malignant neoplasm of the testis and epididymis. It establishes the factors that must exist, and which of those factors must be related to particular kinds of service, in order to determine whether there is a connection between the disease and the service rendered by a person. The Statement of Principles reflects the latest available sound medical-scientific evidence and replaces the previously repealed Instrument No. 4 of 2015.

Scope and Application

The Statement of Principles concerning malignant neoplasm of the testis and epididymis (Balance of Probabilities) (No. 8 of 2024) applies to individuals who have served in eligible war service, defence service, or peacetime service, as defined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative instrument aims to facilitate the assessment and determination of claims for medical treatment and compensation for those diagnosed with malignant neoplasm of the testis and epididymis, establishing the criteria for a connection between the disease and service rendered. The Instrument replaces the previously repealed Instrument No. 4 of 2015, incorporating updated medical-scientific evidence and revised definitions to align with current standards. The application of this Instrument is determined by the Repatriation Medical Authority, which ensures it is compatible with human rights and promotes equitable access to benefits for eligible veterans, service personnel, and their dependents. Any additional documents or references related to this condition can be obtained by contacting the Repatriation Medical Authority.

Key Provisions

The main operative sections of the Statement of Principles concerning malignant neoplasm of the testis and epididymis (Balance of Probabilities) (No. 8 of 2024) detail the circumstances under which malignant neoplasm of the testis and epididymis, or death from such conditions, can be considered connected to specific types of military service. This connection is to be determined on the balance of probabilities, based on the sound medical-scientific evidence available. The Act specifies the factors that must exist and must be related to particular kinds of service, including eligible war service, defence service, and peacetime service, for the claim to be valid (sections 5 and 7). The Instrument also updates the definitions and codes used to identify these conditions, ensuring that they align with the most recent medical classifications (subsections 7(2) and 7(3)). The Statement imposes obligations on claimants to provide evidence that their malignant neoplasm of the testis and epididymis or death from such conditions is connected to their military service, based on the outlined factors (section 5). The Repatriation Medical Authority is required to assess these claims based on the sound medical-scientific evidence and the criteria set out in the Statement of Principles. Additionally, the Authority must ensure that the Instrument is compatible with human rights as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2001 (section 9). The Authority must also facilitate the review of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. Breach of the obligations outlined in the Statement of Principles can lead to civil or administrative consequences. For instance, if a claimant provides false or misleading information, they may face penalties such as fines or the rejection of their claim. The penalties for providing false information can vary, but they are designed to ensure the integrity of the claims process. Moreover, any failure by the Repatriation Medical Authority to adhere to the requirements of the Statement of Principles could result in judicial review or other legal consequences. The precise penalties for any breaches are not specified in the text but would typically be determined in accordance with the relevant Acts and administrative regulations.

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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.