Statement of Principles concerning Meniere disease and Meniere syndrome (Balance of Probabilities) (No. 69 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L01048 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

MENIERE DISEASE AND MENIERE SYNDROME

(BALANCE OF PROBABILITIES) (NO. 69 OF 2024)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning Meniere disease and Meniere syndrome (Balance of Probabilities) (No. 69 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. 109 of 2015 (Federal Register of Legislation No. F2015L01329) determined under subsection 196B(3) of the VEA concerning Meniere's disease.

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that Meniere disease and Meniere syndrome and death from Meniere disease and Meniere syndrome 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 Meniere disease and Meniere syndrome (Balance of Probabilities) (No. 69 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  This Instrument will in effect replace the repealed Statement of Principles.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, Meniere disease and Meniere syndrome or death from Meniere disease and Meniere syndrome 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 1 November 2022 concerning Meniere's disease 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:

  • specifying a day of commencement for the Instrument in section 2;
  • revising the definition of 'Meniere disease and Meniere syndrome' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factor in subsection 9(1) concerning having a moderate to severe traumatic brain injury; and
  • new factor in subsection 9(3).

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to Meniere's disease in the Government Notices Gazette of 1 November2022, 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 Meniere's disease as advertised in the Government Notices Gazette of 1 November 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. 69 of 2024

Kind of Injury, Disease or Death: Meniere disease and Meniere 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(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 Meniere disease and Meniere 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 exist before it can be said that, on the balance of probabilities, Meniere disease and Meniere syndrome 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. 109 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning Meniere disease and Meniere 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 Meniere disease and Meniere syndrome (Balance of Probabilities) (No. 69 of 2024) was determined by the Repatriation Medical Authority (the Authority) under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This Statement of Principles addresses the connection between Meniere disease and Meniere syndrome and specific kinds of service, providing clarity and a legal framework for assessing claims related to these conditions under the VEA and MRCA. It was introduced to address the need for updated medical-scientific evidence regarding the relationship between these conditions and military service. The Authority determined this Statement of Principles based on the available sound medical-scientific evidence, replacing the previously repealed Instrument No. 109 of 2015. The policy objective is to ensure that claimants and the relevant authorities have clear criteria for assessing and determining compensation and benefits for veterans and service personnel affected by Meniere disease and Meniere syndrome. The Statement of Principles outlines the factors that must exist to establish a connection between the conditions and the service, facilitating claims and reviews under both Acts.

Scope and Application

The Statement of Principles concerning Meniere disease and Meniere syndrome (Balance of Probabilities) (No. 69 of 2024) applies to claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It pertains to veterans and current or former Defence Force members who have rendered eligible war service, defence service, or peacetime service, and who are affected by Meniere disease or Meniere syndrome. The purpose of this Statement of Principles is to outline the factors that must be present and related to specific kinds of service for it to be determined, on the balance of probabilities, that Meniere disease or Meniere syndrome is connected to the service rendered. This Statement replaces the previous Instrument No. 109 of 2015 and reflects the latest medical-scientific evidence available. The Authority has determined this Statement to ensure that claims are assessed fairly and transparently, taking into account the most current evidence. The Statement of Principles facilitates the assessment and determination of claims by specifying the circumstances under which medical treatment and compensation can be extended to eligible individuals. It ensures that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting human rights such as the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The Instrument does not derogate from any human rights and is compatible with the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities. The Repatriation Medical Authority has ensured that the rights of claimants are exercised without discrimination, aligning with the principles of non-discrimination as outlined in the International Covenant on Economic, Social and Cultural Rights.

Key Provisions

The Statement of Principles concerning Meniere disease and Meniere syndrome (Balance of Probabilities) (No. 69 of 2024) outlines the factors that must exist and be related to specific kinds of service for Meniere disease and Meniere syndrome, or death from these conditions, to be considered connected to the circumstances of the service (section 5). This Statement of Principles is applied in determining claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The kinds of service include eligible war service, defence service, and peacetime service. The Statement of Principles details the necessary factors for a connection to be established on the balance of probabilities, and it replaces the previously repealed Instrument No. 109 of 2024. The Statement imposes specific obligations on claimants, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission to ensure that claims are made and assessed in accordance with the outlined factors. The factors must be related to eligible war service, defence service, or peacetime service, and the current sound medical-scientific evidence must indicate these connections. The Statement of Principles facilitates the review of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal, ensuring that the claims are assessed fairly and transparently. Breach of the provisions outlined in the Statement of Principles can result in civil or criminal consequences, depending on the nature and severity of the non-compliance. For instance, providing false information or misrepresenting facts related to a claim can lead to penalties under the VEA or MRCA. The maximum penalties for such breaches can vary, but they may include fines or imprisonment. The exact penalties would be determined based on the specific legal provisions applicable to the breach. The Statement of Principles also outlines the compatibility of the Legislative Instrument with human rights, as it does not derogate from any human rights and promotes various rights of veterans and their dependents. These include 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. By facilitating the assessment and determination of benefits and compensation, the Statement ensures that these rights are exercised without discrimination.

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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.