Statement of Principles concerning malignant neoplasm of the urethra (Balance of Probabilities) (No. 20 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00142 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

MALIGNANT NEOPLASM OF THE URETHRA

(BALANCE OF PROBABILITIES) (NO. 20 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 urethra (Balance of Probabilities) (No. 20 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. 50 of 2016 (Federal Register of Legislation No. F2016L00581) determined under subsection 196B(3) of the VEA concerning malignant neoplasm of the urethra.
  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 urethra and death from malignant neoplasm of the urethra 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 urethra (Balance of Probabilities) (No. 20 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  This Instrument will in effect replace the repealed Statement of Principles.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 urethra or death from malignant neoplasm of the urethra 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 25 June 2024 concerning malignant neoplasm of the urethra 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 urethra' in subsection 7(2);
  • revising ICD-10-AM codes for 'malignant neoplasm of the urethra' in subsection 7(3);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • new factor in subsection 9(1) concerning HPV, for squamous cell or mixed squamous and urothelial cell carcinoma only;
  • new factor in subsection 9(2) concerning ionising radiation;
  • new factor in subsection 9(3) concerning having a urethral diverticulum;
  • new definitions of 'cumulative equivalent dose' in Schedule 1 – Dictionary.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to malignant neoplasm of the urethra in the Government Notices Gazette of 25 June 2024, 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.

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 urethra as advertised in the Government Notices Gazette of 25 June 2024.

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. 20 of 2025

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

 

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 urethra;
  • 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 urethra 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. 50 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning malignant neoplasm of the urethra 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 Urethra (Balance of Probabilities) (No. 20 of 2025) was enacted to address the issue of establishing the connection between malignant neoplasm of the urethra and military service under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument was determined by the Repatriation Medical Authority under the authority granted by subsection 196B(3) of the VEA, replacing the previous Instrument No. 50 of 2016, and is intended to reflect the current medical-scientific evidence. The purpose of this instrument is to facilitate the process of making and assessing claims related to malignant neoplasm of the urethra, ensuring that claimants can access necessary medical treatment and compensation if their condition is deemed related to their service. It specifies the factors that must exist to establish a connection between the disease and service, thereby aiding both claimants and the authorities in making informed decisions. The Authority determined this Statement of Principles following an investigation announced in the Government Notices Gazette of 25 June 2024, inviting submissions from relevant stakeholders but receiving none. This instrument is compatible with human rights, promoting the rights of veterans and their dependents by ensuring that the conditions for benefits are reasonable, proportionate, and transparent, thereby facilitating the enjoyment of social security and health benefits without discrimination.

Scope and Application

The Statement of Principles concerning malignant neoplasm of the urethra (Balance of Probabilities) (No. 20 of 2025) applies to claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It specifies the circumstances in which malignant neoplasm of the urethra or death from such neoplasm can be considered connected to eligible war service, defence service, or peacetime service. The factors outlined in the Statement of Principles must exist, and certain of these factors must be related to the specified kinds of service, before it can be said that the condition is connected with the circumstances of that service. The scope of this Instrument is national, as it applies to veterans and current or former Defence Force members across Australia, encompassing various types of service under both the VEA and MRCA. The Instrument excludes claims not related to the specified types of service and conditions not listed within its definitions and criteria. Any further application or interpretation of this Statement of Principles can be extended or restricted through subordinate instruments, which may include regulations or further determinations by the Repatriation Medical Authority.

Key Provisions

The main operative sections of the Statement of Principles concerning malignant neoplasm of the urethra (Balance of Probabilities) (No. 20 of 2025) detail the circumstances under which a connection can be established between malignant neoplasm of the urethra and specific types of service, such as eligible war service, defence service, and peacetime service. According to the VEA and the MRCA, these connections are determined on the balance of probabilities based on the available sound medical-scientific evidence (sections 1 and 5). The statement specifies the factors that must exist and be related to the service in question for the malignant neoplasm of the urethra to be considered connected to service circumstances (section 9). The Statement of Principles imposes obligations on claimants to provide evidence that the malignant neoplasm of the urethra is related to their service, and on the Repatriation Commission and Military Rehabilitation and Compensation Commission to assess these claims based on the outlined factors and evidence (sections 1 and 5). The document requires the Repatriation Medical Authority to continuously review and update the principles based on new medical-scientific evidence. This ensures that the principles remain relevant and accurate in reflecting the current understanding of the disease's connection to service. Breaches of the provisions set out in this Statement of Principles could potentially lead to legal consequences for those who fail to adhere to the requirements for claiming or assessing claims related to malignant neoplasm of the urethra. While the Statement of Principles itself does not explicitly outline penalties for non-compliance, breaches of related legislation such as the VEA and the MRCA may incur penalties. These could include fines, imprisonment, or other legal repercussions for fraudulent claims or misrepresentation of facts in relation to the service and the disease. The specific penalties would be determined by the applicable sections of the VEA and the MRCA.

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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.