Statement of Principles concerning malignant neoplasm of the urethra (Reasonable Hypothesis) (No. 19 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00141 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

MALIGNANT NEOPLASM OF THE URETHRA

(REASONABLE HYPOTHESIS) (NO. 19 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 (Reasonable Hypothesis) (No. 19 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. 49 of 2016 (Federal Register of Legislation No. F2016L00580) determined under subsection 196B(2) of the VEA concerning malignant neoplasm of the urethra.
  2.              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(2) of the VEA a Statement of Principles concerning malignant neoplasm of the urethra (Reasonable Hypothesis) (No. RH 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  This Instrument will in effect replace the repealed Statement of Principles.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 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 urethra or death from malignant neoplasm of the urethra, 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);
  • revising the factor in subsection 9(1) concerning HPV, for squamous cell or mixed squamous and urothelial cell carcinoma only;
  • revising the factor in subsection 9(2) concerning being exposed to arsenic;
  • new factor in subsection 9(3) concerning ionising radiation;
  • new factor in subsection 9(4) concerning having a urethral diverticulum;
  • new factor in subsection 9(5) concerning having smoked;
  • new definitions of 'cumulative equivalent dose' and 'one pack-year' in Schedule 1 - Dictionary; and
  • deleting the definitions of 'being exposed to arsenic as specified' and 'oncogenic human papilloma virus (HPV)'.

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. 19 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(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 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting malignant neoplasm of the urethra with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 49 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 (Reasonable Hypothesis) (No. 19 of 2025) was enacted to address the problem of determining the connection between malignant neoplasm of the urethra and specific kinds of service rendered by veterans and service personnel. This legislative instrument, determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, outlines the factors necessary to establish a reasonable hypothesis linking the condition to particular types of service. The Statement of Principles aims to facilitate claims and assessments by specifying the circumstances under which medical treatment and compensation can be provided. It also ensures that these determinations are based on the most recent sound medical-scientific evidence, replacing the previous Statement of Principles from 2016. The instrument does not derogate from human rights and promotes the rights of veterans and service personnel, including their right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

Scope and Application

The Statement of Principles concerning malignant neoplasm of the urethra (Reasonable Hypothesis) (No. 19 of 2025) applies to eligible persons who have served in various capacities under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). These include veterans who have participated in operational service, peacekeeping service, hazardous service, and British nuclear test defence service under the VEA, as well as those engaged in warlike and non-warlike service under the MRCA. The purpose of this Statement of Principles is to facilitate claims for medical treatment and compensation by specifying the circumstances in which such benefits can be extended to veterans and Defence Force members diagnosed with malignant neoplasm of the urethra. It outlines the factors that must exist, and which factors must be related to their service, to raise a reasonable hypothesis connecting the disease with their service circumstances. The Instrument replaces the previously repealed Statement of Principles No. 49 of 2016 and incorporates revisions based on the latest medical-scientific evidence. It is applicable nationally and is compatible with human rights, promoting the rights of veterans and their dependents under various international human rights instruments. The Statement of Principles is determined under the authority of the Veterans' Entitlements Act 1986 and is applicable to claims made under both the VEA and the MRCA. It does not extend to other types of injuries, diseases, or deaths unless specified by future legislative instruments. The scope of the Instrument is limited to the medical-scientific evidence available at the time of its determination and may be subject to review and amendment as new evidence emerges. The Repatriation Medical Authority may also extend or restrict the application of this Instrument through subordinate instruments, ensuring that it remains aligned with the latest medical-scientific evidence and the needs of claimants.

Key Provisions

The main operative sections of this Statement of Principles (No. 19 of 2025) under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) establish the connection between malignant neoplasm of the urethra and certain types of service. This Statement of Principles (section 5) specifies the minimum factors that must exist and be related to particular types of service, such as operational, hazardous, or warlike service, to raise a reasonable hypothesis that the malignant neoplasm of the urethra is connected to the service rendered (subsection 9(1) to (5)). This includes exposure to HPV, arsenic, ionising radiation, the presence of a urethral diverticulum, and smoking (subsection 9(1) to (5)). These factors must be related to the relevant types of service to qualify for benefits under the VEA or MRCA. The Statement of Principles imposes obligations on claimants and the Repatriation Commission and the Military Rehabilitation and Compensation Commission to ensure that claims are made and assessed according to the specified factors and circumstances of service. It requires claimants to provide evidence of their service and the existence of the specified factors. The Repatriation Commission and the Military Rehabilitation and Compensation Commission must then assess these claims based on the factors outlined in the Statement of Principles. The Veterans' Review Board and the Administrative Appeals Tribunal are also required to review these decisions based on the criteria established in the Statement of Principles. Any breaches of the requirements outlined in this Statement of Principles could lead to civil or criminal consequences. Although the Statement of Principles itself does not specify penalties, the VEA and MRCA provide for various offences and penalties related to false claims or misrepresentations. For example, knowingly making a false statement or providing false evidence in support of a claim can result in fines or imprisonment under the VEA (section 228) and MRCA (section 220). The maximum penalties can include substantial fines and imprisonment for up to two years, depending on the nature and severity of the offence. The Repatriation Medical Authority is responsible for ensuring compliance with the Statement of Principles and can take action against those who fail to adhere to the requirements.

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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.