Statement of Principles concerning mesangial IgA glomerulonephritis No. 53 of 2012

Administered by Department of Veterans' Affairs

Legislation au F2012L01794 Not in force Legislative Instrument

Legislation content

REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 53 of 2012

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA) revokes Instrument No. 64 of 2001, determined under subsection 196B(3) of the VEA concerning mesangial IgA glomerulonephritis and death from mesangial IgA glomerulonephritis.

 

2.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that mesangial IgA glomerulonephritis and death from mesangial IgA glomerulonephritis 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, Instrument No. 53 of 2012 concerning mesangial IgA glomerulonephritis.  This Instrument will in effect replace the revoked Statement of Principles.

 

3.             The provisions of the Military Rehabilitation and Compensation Act 2004 (the MRCA) relating to claims for compensation commenced on 1 July 2004.  Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.

 

4.             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, mesangial IgA glomerulonephritis or death from mesangial IgA glomerulonephritis is connected with the circumstances of that service.

 

5.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 30 June 2010 concerning mesangial IgA glomerulonephritis 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.

 

6.             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 2005;
  • revising the definition of 'mesangial IgA glomerulonephritis' in clause 3;
  • revising factor 6(a) concerning 'cirrhosis of the liver or chronic liver disease';
  • new factors 6(b) & 6(h) concerning 'a bacterial infection';
  • new factors 6(c) & 6(i) concerning 'a stem cell or organ transplant';
  • new factors 6(d) & 6(j) concerning 'a specified autoimmune disorder';
  • new factors 6(e) & 6(k) concerning 'being treated with a drug';
  • new factors 6(f) & 6(l) concerning 'a malignant neoplasm';
  • new factor 6(g) concerning 'cirrhosis of the liver or chronic liver disease' for clinical worsening;
  • revising factor 6(m) concerning 'oxygenated organic solvents, aliphatic hydrocarbon solvents, or aromatic hydrocarbon solvents' for clinical worsening only;
  • new factor 6(n) concerning 'being obese' for clinical worsening only;
  • new factor 6(o) concerning 'smoking' for clinical worsening only;
  • deleting a factor concerning 'Schonlein-Henoch purpura';
  • new definitions of 'a specified autoimmune disorder', 'being obese', 'chronic liver disease' and 'pack-years of cigarettes, or the equivalent thereof in other tobacco products' in clause 9;
  • revising the definition of 'relevant service' in clause 9;
  • deleting the definitions of 'cirrhosis of the liver', 'ICD-10-AM code', 'primary mesangial IgA glomerulonephritis', 'Schonlein-Henoch purpura' and 'secondary mesangial IgA glomerulonephritis'; and
  • specifying a date of effect for the Instrument in clause 11.

 

7.             Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

 

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to mesangial IgA glomerulonephritis in the Government Notices Gazette of 30 June 2010, 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.

 

9.             On 8 June 2012, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed Instrument and the medical-scientific material considered by the Authority. This letter emphasised the deletion of a factor relating to Schonlein-Henoch purpura. The Authority provided an opportunity to the organisations to make representations in relation to the proposed Instrument prior to its determination. No submissions were received for consideration by the Authority. No changes were made to the proposed Instrument following this consultation process.

 

10.         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.

 

11.         The determining of this Instrument finalises the investigation in relation to mesangial IgA glomerulonephritis as advertised in the Government Notices Gazette of 30 June 2010.

 

12.         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. 53 of 2012

Kind of Injury, Disease or Death: Mesangial IgA glomerulonephritis

 

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).

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 mesangial IgA glomerulonephritis;
  • 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, mesangial IgA glomerulonephritis is connected with the circumstances of eligible service rendered by a person, as set out in clause 4 of the Explanatory Notes;
  • replaces Instrument No. 64 of 2001; and
  • reflects developments in the available sound medical-scientific evidence concerning mesangial IgA glomerulonephritis 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; and
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD).

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 Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) are the primary pieces of legislation governing the rights and benefits of Australian veterans and members of the Defence Force. These acts provide for the entitlement to various forms of compensation, rehabilitation, and medical care for those who have been injured or contracted diseases as a result of their service. To ensure these acts are responsive to the latest medical-scientific evidence, the Repatriation Medical Authority (the Authority) under the VEA is empowered to determine Statements of Principles that outline the circumstances in which certain conditions can be related to service. Instrument No. 53 of 2012 is an example of such a Statement of Principles, addressing mesangial IgA glomerulonephritis, a condition affecting the kidneys. This legislative instrument was introduced to address the gap in the understanding of the relationship between military service and mesangial IgA glomerulonephritis. The Authority determined that, based on the latest medical-scientific evidence, it is more probable than not that this condition can be related to particular kinds of service. The Authority's determination facilitates the assessment and review of claims for compensation under the VEA and the MRCA, ensuring that eligible persons receive appropriate benefits and medical treatment. The instrument was enacted by the Repatriation Medical Authority under the authority vested in it by the VEA and the MRCA, with the policy objective of ensuring that the benefits provided under these acts are aligned with current medical understanding.

Scope and Application

The Repatriation Medical Authority Instrument No. 53 of 2012, determined under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, pertains specifically to mesangial IgA glomerulonephritis, a condition that may be linked to certain types of service rendered by individuals. This legislation applies to veterans and current or former Defence Force members who have contracted mesangial IgA glomerulonephritis, or died from the condition, following specific types of service such as eligible war service, defence service, and peacetime service. The Instrument outlines the medical and service-related factors that must exist for it to be determined, on the balance of probabilities, that the condition is connected with the service circumstances. The application of this legislation is national in scope, affecting all eligible individuals across Australia. The Authority, through the Authority's assessment of available medical-scientific evidence, has revised the previous Instrument No. 64 of 2001 to reflect current understandings of the condition. The new Instrument includes various new and revised factors, such as bacterial infections, autoimmune disorders, and exposure to certain substances, which are considered in determining eligibility for compensation and medical treatment. Subordinate instruments may extend or refine the application of this legislation, ensuring it remains aligned with the latest medical research and legal standards.

Key Provisions

The Repatriation Medical Authority (the Authority) has determined a new Statement of Principles, Instrument No. 53 of 2012 concerning mesangial IgA glomerulonephritis, pursuant to subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA) (section 2). This new instrument revokes the previous Instrument No. 64 of 2001. It outlines the specific factors that must exist for it to be considered probable that mesangial IgA glomerulonephritis or death from this condition is connected with certain kinds of service rendered by a person, such as eligible war service, defence service, and peacetime service (section 4). The determination of this Instrument follows an investigation by the Authority, which examined the latest available medical-scientific evidence (sections 5 and 6). The new Instrument adopts a revised format, revises definitions, and introduces new factors while deleting others, reflecting developments in medical understanding since the previous instrument (section 6). The Authority is required to facilitate both claimants and the Repatriation Commission in making and assessing claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA) (section 2). This includes specifying the circumstances in which medical treatment and compensation can be extended to eligible persons with mesangial IgA glomerulonephritis. The Instrument also aims to improve the medico-scientific quality of outcomes under these Acts and to facilitate the review of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal (section 2). The Authority must ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting various human rights such as the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health (section 4). The Statement of Principles sets out specific obligations for both the Authority and the claimants. The Authority must determine the factors that must exist for it to be said that, on the balance of probabilities, mesangial IgA glomerulonephritis or death from this condition is connected with the circumstances of eligible service. Claimants must provide evidence that satisfies these factors for their claims to be assessed under the VEA and the MRCA. Failure to provide adequate evidence or meeting the specified factors may result in the denial of claims. Additionally, the Authority has an obligation to review and update the Statement of Principles periodically to reflect the latest medical-scientific evidence. Any breaches of the requirements set out in the Statement of Principles may lead to civil consequences such as the denial of claims for compensation or medical treatment. Under the VEA and the MRCA, claimants who fail to meet the specified factors for their claims may face refusals of benefits. The Authority retains the right to review and appeal decisions related to these claims, ensuring compliance with the legislative requirements. There are no specific criminal penalties mentioned in the text, but the consequences of non-compliance are primarily civil in nature, focusing on the denial or withdrawal of benefits. This Legislative Instrument is assessed to be compatible with human rights as it does not derogate from any human rights and, in fact, promotes several human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The Instrument facilitates the assessment and determination of benefits, thereby supporting the rights of veterans, current and former Defence Force members, and their dependents.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Licensing & Registration
Reporting & Disclosure Obligations
Rights & Protections
Transitional Provisions

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.