Statement of Principles concerning malignant neoplasm of the urethra (Balance of Probabilities) (No. 50 of 2016)

Administered by Department of Veterans' Affairs

Legislation au F2016L00581 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

MALIGNANT NEOPLASM OF THE URETHRA

(BALANCE OF PROBABILITIES) (NO. 50 OF 2016)

 

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. 50 of 2016).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), revokes Instrument No. 2 of 2008, determined under subsection 196B(3) of the VEA concerning malignant neoplasm of the urethra.

3.             The Authority is of the view that there is sound medical-scientific evidence that indicates 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. 50 of 2016).  This Instrument will in effect replace the revoked 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 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.

6.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 12 May 2015 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.

7.             The contents of this Instrument are in similar terms as the revoked Instrument.  Comparing this Instrument and the revoked 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 urethra' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the definition of 'relevant service' 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 urethra in the Government Notices Gazette of 12 May 2015, 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, 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 during 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 urethra as advertised in the Government Notices Gazette of 12 May 2015.

References

11.         A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA.  Any such request must be made in writing to the Repatriation Medical Authority at the following address:

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. 50 of 2016

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(8) 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 linking 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 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. 2 of 2008; 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, ICSECR; 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, ICSECR 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. 50 of 2016) was enacted to address the gap in existing provisions related to the malignant neoplasm of the urethra and its connection to certain military services, as identified by the Repatriation Medical Authority (the Authority). The Authority, under the authority vested in it by the Veterans’ Entitlements Act 1986 (VEA), determined this statement to provide clear guidance on the circumstances where malignant neoplasm of the urethra can be considered related to military service, thereby facilitating claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation aims to ensure that the qualifying conditions for benefits and compensation are reasonable, proportionate, and transparent, ultimately promoting the social security, health, and non-discriminatory rights of veterans, current and former Defence Force members, and their dependents. The Statement of Principles specifies the factors that must exist and be related to eligible war, defence, and peacetime service before malignant neoplasm of the urethra or death from such neoplasm can be linked to the circumstances of that service. This legislative instrument was developed following an investigation initiated by the Authority, which sought to examine the latest sound medical-scientific evidence concerning malignant neoplasm of the urethra. This evidence-based approach ensures that the Statement of Principles reflects current understanding and developments in medical science. The Authority consulted widely with relevant organisations and individuals during the investigation phase but did not receive any submissions for consideration. This instrument, which replaces the earlier Instrument No. 2 of 2008, has been determined to be compatible with the human rights and freedoms recognised in international instruments.

Scope and Application

The Statement of Principles concerning malignant neoplasm of the urethra (Balance of Probabilities) (No. 50 of 2016) is an instrument determined by the Repatriation Medical Authority under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA) and applies to claims under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Statement of Principles sets out the factors that must exist and be related to specific kinds of service—namely, eligible war service (other than operational service), defence service (other than hazardous service and British nuclear test defence service) under the VEA, and peacetime service under the MRCA—for it to be said, on the balance of probabilities, that malignant neoplasm of the urethra or death from such a neoplasm is connected with the circumstances of that service. This instrument is designed to assist claimants and the Repatriation Commission in assessing claims, and to facilitate the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. It also replaces the previously revoked Instrument No. 2 of 2008, reflecting developments in the available sound medical-scientific evidence. This instrument is compatible with human rights, as it promotes several rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, without discriminating on various grounds. The instrument applies to individuals who have served in the eligible categories of service as outlined in the VEA and MRCA and who have developed malignant neoplasm of the urethra. The geographic reach of this instrument is national, as it pertains to the Australian veterans and current or former Defence Force members. There are no exclusions or exemptions specified in the instrument itself, but its application may be subject to the provisions of the VEA and MRCA. The instrument can be further extended or restricted through subordinate instruments, such as regulations or guidelines, although none are explicitly mentioned in the provided text.

Key Provisions

The Statement of Principles concerning malignant neoplasm of the urethra (Balance of Probabilities) (No. 50 of 2016) sets out the factors that must exist, and which of those factors must be related to particular kinds of service, for malignant neoplasm of the urethra or death from such to be connected with the circumstances of that service on the balance of probabilities (section 5). This instrument, determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans' Entitlements Act 1986 (VEA), replaces Instrument No. 2 of 2008 and reflects the latest sound medical-scientific evidence concerning malignant neoplasm of the urethra. It is applicable to claims under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The obligations imposed by the Act on the parties it governs include the requirement for the Repatriation Medical Authority to undertake investigations into conditions such as malignant neoplasm of the urethra and to determine Statements of Principles based on sound medical-scientific evidence. This process ensures that the Authority considers the latest available evidence when determining whether a particular condition is connected with service on the balance of probabilities. Claimants, in turn, must provide evidence that links their condition to their service, and the Repatriation Commission is obligated to assess these claims based on the factors outlined in the Statement of Principles. The Veterans' Review Board and the Administrative Appeals Tribunal also have roles in reviewing decisions made by the Repatriation Commission. Breach of the obligations outlined in the VEA and the MRCA can lead to civil and criminal consequences. For instance, providing false or misleading information in a claim can result in fines and imprisonment, as outlined in section 228 of the VEA and section 274 of the MRCA. The maximum penalties for providing false or misleading information can include fines of up to $55,000 and imprisonment for up to three years. Additionally, the Authority’s determination of the Statement of Principles is subject to judicial review, and failure to comply with the statutory requirements in the process can result in the determination being quashed or varied by a court. The Statement of Principles promotes several human rights, including the right to social security, the right to an adequate standard of living, and the right to the highest attainable standard of physical and mental health. It ensures that the qualifying conditions for benefits are reasonable, proportionate, and transparent, and it facilitates the assessment and determination of social security benefits, compensation, and rehabilitation services for veterans and Defence Force members. The instrument is also compatible with human rights as it does not derogate from any rights and ensures that those rights will be exercised without discrimination.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
Catchwords
Malignant neoplasm of the urethra

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.