Statement of Principles concerning Marfan syndrome (Reasonable Hypothesis) (No. 51 of 2023)

Administered by Department of Veterans' Affairs

Legislation au F2023L00480 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

MARFAN SYNDROME

(REASONABLE HYPOTHESIS) (NO. 51 OF 2023)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning Marfan syndrome (Reasonable Hypothesis) (No. 51 of 2023).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 25 of 2015 (Federal Register of Legislation No. F201401835) determined under subsection 196B(2) of the VEA concerning Marfan syndrome.

3.             The Authority is of the view that there is sound medical-scientific evidence that indicates that Marfan syndrome and death from Marfan syndrome 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 Marfan syndrome (Reasonable Hypothesis) (No. 51 of 2023).  This Instrument will in effect replace the repealed Statement of Principles.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 Marfan syndrome or death from Marfan syndrome, 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 Marfan syndrome 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 'Marfan syndrome' in subsection 7(2);
  • including ICD-10-AM codes for 'Marfan syndrome' in subsection 7(3);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4).

 

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to Marfan syndrome 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.  No 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 Marfan syndrome 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. 51 of 2023

Kind of Injury, Disease or Death: Marfan syndrome

 

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 Marfan syndrome;
  • 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 Marfan syndrome with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 25 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning Marfan syndrome 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 Marfan syndrome (Reasonable Hypothesis) (No. 51 of 2023) was introduced to address the medical and scientific evidence indicating a relationship between Marfan syndrome and specific types of military service, and to provide a framework for assessing claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument, determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans' Entitlements Act 1986, replaces the previously repealed Statement of Principles No. 25 of 2015. It outlines the minimum factors that must exist to establish a reasonable hypothesis connecting Marfan syndrome or death from Marfan syndrome with particular kinds of military service, including operational, peacekeeping, hazardous, and British nuclear test defence service under the Veterans' Entitlements Act 1986, and warlike or non-warlike service under the Military Rehabilitation and Compensation Act 2004. The instrument aims to facilitate claims and assessments by specifying the circumstances under which medical treatment and compensation can be extended to eligible persons, thereby promoting human rights such as the right to social security and the highest attainable standard of physical and mental health. This Legislative Instrument was developed following an investigation notified in the Government Notices Gazette of 10 May 2022, which examined the sound medical-scientific evidence available to the Authority. It reflects recent developments in the understanding of Marfan syndrome and incorporates the latest revised Instrument format. Notably, it adopts updated definitions and ICD-10-AM codes for Marfan syndrome. The Authority invited submissions from relevant stakeholders but received none. The instrument is compatible with human rights, promoting the rights of veterans, service personnel, and their dependents without discrimination, as outlined in various international covenants and conventions.

Scope and Application

The Statement of Principles concerning Marfan syndrome (Reasonable Hypothesis) (No. 51 of 2023) applies to veterans and current or former members of the Australian Defence Force who may have developed Marfan syndrome due to their service. It is determined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 and provides criteria for linking the development of Marfan syndrome to specific types of military service, thus facilitating claims for medical treatment and compensation. The Statement of Principles outlines the necessary factors that must exist, related to particular kinds of service, to establish a reasonable hypothesis connecting Marfan syndrome with the circumstances of that service. The instrument specifies the relevant types of service, including operational, peacekeeping, hazardous, British nuclear test defence, warlike, and non-warlike service. This legislative instrument replaces the previous Statement of Principles No. 25 of 2015 and incorporates updated medical evidence and coding standards, such as the ICD-10-AM codes for Marfan syndrome. The instrument's jurisdiction extends nationally, as it applies to all eligible veterans and Defence Force members across Australia. It is compatible with human rights, promoting the rights to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, without any discrimination. The instrument does not derogate from any human rights and ensures that the qualifying conditions for benefits are reasonable, proportionate, and transparent. The Repatriation Medical Authority, which determined this instrument, invites submissions from relevant organisations and individuals with expertise in the field, although no submissions were received for this particular instrument.

Key Provisions

The main operative sections of this legislation, specifically the Statement of Principles concerning Marfan syndrome (Reasonable Hypothesis) (No. 51 of 2023), set out the criteria that must be met to establish a connection between Marfan syndrome or death from Marfan syndrome and particular kinds of military service (sections 5 and 7). This includes specifying the types of service that are considered under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), such as operational, peacekeeping, hazardous, and British nuclear test defence service. These provisions aim to facilitate claims for compensation and medical treatment by veterans and Defence Force members who have been diagnosed with Marfan syndrome, ensuring that the claims process is informed by the latest sound medical-scientific evidence. The obligations and requirements imposed by this Act on the parties it governs include the duty of the Repatriation Medical Authority to determine the Statement of Principles based on available sound medical-scientific evidence, as mandated under subsection 196B(2) of the VEA. This involves conducting investigations, examining evidence, and finalising the determination of the Statement of Principles, as outlined in section 10. Additionally, the Repatriation Commission and the Military Rehabilitation and Compensation Commission are tasked with assessing claims under the VEA and MRCA respectively, using the criteria specified in the Statement of Principles. Claimants, on their part, must provide evidence that meets the minimum factors set out in the Statement of Principles to substantiate their claims for medical treatment and compensation. The legislation does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches within its text. However, the determination of the Statement of Principles and the assessment of claims are governed by the existing provisions of the VEA and MRCA, which may include provisions for penalties or sanctions for fraudulent claims or misrepresentation of facts. The Repatriation Medical Authority and the relevant Commissions would be responsible for enforcing these provisions, ensuring that claims are assessed fairly and in accordance with the law.

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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.