Statement of Principles concerning myasthenia gravis (No. 75 of 2015)

Administered by Department of Veterans' Affairs

Legislation au F2015L00907 Not in force Legislative Instrument

Legislation content

REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 75 of 2015

 

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. 15 of 2007 determined under subsection 196B(2) of the VEA concerning myasthenia gravis.
  2. The Authority is of the view that there is sound medical-scientific evidence that indicates that myasthenia gravis and death from myasthenia gravis 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 myasthenia gravis (No. 75 of 2015).  This Instrument will in effect replace the revoked Statement of Principles.

Purpose and Operation

3.             The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).

4.             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 myasthenia gravis or death from myasthenia gravis, with the circumstances of that service.  The Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

5.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 2 May 2012 concerning myasthenia gravis 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 2015;
  • specifying a day of commencement for the Instrument in section 2;
  • revising the definition of 'myasthenia gravis' in subsection 7(2);
  • revising the factor in subsection 9(1) concerning 'a drug from Specified List of Drugs No. 1';
  • new factor in subsection 9(2) concerning 'stem cell or bone marrow transplantation';
  • revising the factor in subsection 9(3) concerning 'a drug from a class of drugs from Specified List of Drugs No. 2';
  • revising the factor in subsection 9(4) concerning 'a drug from Specified List of Drugs No. 3';
  • revising the factor in subsection 9(6) concerning 'stem cell or bone marrow transplantation';
  • revising the factor in subsection 9(7) concerning 'being pregnant';
  • new definitions of 'MRCA', 'Specified List of Drugs No. 1', 'Specified List of Drugs No. 2', 'Specified List of Drugs No. 3', and 'VEA' in Schedule 1 - Dictionary;
  • revising the definition of 'relevant service' in Schedule 1 - Dictionary; and
  • deleting the definitions of 'a drug from Specified List 1', 'a drug from Specified List 2' and 'drug from a class of drugs in the Specified List'.

Consultation

7.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to myasthenia gravis in the Government Notices Gazette of 2 May 2012, 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.  Three submissions were received from the same applicant for consideration by the Authority during the investigation.

Human Rights

8.             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

9.             The determining of this Instrument finalises the investigation in relation to myasthenia gravis as advertised in the Government Notices Gazette of 2 May 2012.

References

10.         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. 75 of 2015

Kind of Injury, Disease or Death: Myasthenia gravis

 

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 myasthenia gravis;
  • 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 myasthenia gravis with the circumstances of eligible service rendered by a person, as set out in clause 4 of the Explanatory Notes;
  • replaces Instrument No. 15 of 2007; and
  • reflects developments in the available sound medical-scientific evidence concerning myasthenia gravis 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 Repatriation Medical Authority Instrument No. 75 of 2015, established under subsection 196B(8) of the Veterans' Entitlements Act 1986, addresses the issue of myasthenia gravis in veterans and its potential relation to specific types of military service. The Authority, guided by contemporary medical-scientific evidence, has determined a new Statement of Principles concerning myasthenia gravis, superseding the previous Instrument No. 15 of 2007. This legislative instrument aims to facilitate claims and assessments under both the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, ensuring that the criteria for connecting myasthenia gravis to service are clearly outlined. The Authority's decision was influenced by an investigation initiated in 2012, which involved examining the latest medical evidence available. This instrument not only improves the medico-scientific quality of outcomes but also aligns with various human rights, including the right to social security and the highest attainable standard of health. The enactment of this instrument by the Repatriation Medical Authority ensures that the provisions for assessing and compensating veterans with myasthenia gravis are both updated and comprehensive, reflecting the latest medical understanding.

Scope and Application

The Repatriation Medical Authority Instrument No. 75 of 2015, concerning myasthenia gravis, applies to individuals who are making or have made claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). These Acts cover veterans, current and former Defence Force members, and their dependents, and it is within this context that the Instrument delineates the specific circumstances and factors that must be present to establish a link between myasthenia gravis and service rendered, such as operational, peacekeeping, hazardous, and warlike service. This Instrument replaces the previously revoked Instrument No. 15 of 2007, reflecting updated medical-scientific evidence. The Instrument is applicable across Australia, as both the VEA and MRCA are Commonwealth Acts. The Instrument does not contain specific exclusions or exemptions but specifies the factors necessary for claims concerning myasthenia gravis to be considered under these Acts. It also allows for the extension of application through subordinate instruments, ensuring that the determination of claims remains responsive to evolving medical-scientific evidence.

Key Provisions

The Repatriation Medical Authority Instrument No. 75 of 2015, which pertains to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, has been established to address claims related to myasthenia gravis among veterans and service personnel. This Instrument revokes the previous Instrument No. 15 of 2007 and introduces a new Statement of Principles concerning myasthenia gravis (No. 75 of 2015). The main purpose of this Instrument, as outlined in section 3, is to facilitate claims for medical treatment and compensation under the VEA and MRCA by specifying the circumstances that must exist to connect myasthenia gravis with certain types of service. The Instrument will apply to various kinds of service, including operational, peacekeeping, hazardous, British nuclear test defence service, warlike, and non-warlike service, as detailed in section 4. The obligations imposed by this Act on the parties involved, particularly claimants and the Repatriation Commission, include ensuring that the factors outlined in the Instrument are met to establish a connection between myasthenia gravis and the service rendered. The Instrument requires the identification of specific factors, such as exposure to certain drugs or treatments, to support a claim. The Repatriation Commission must then assess these claims based on the sound medical-scientific evidence provided. Additionally, the Instrument facilitates the review of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal, as noted in section 2. The Instrument includes provisions for offences, penalties, and consequences for non-compliance, although specific maximum penalties are not stated in the text. The nature of the Instrument suggests that any breaches would likely involve misrepresentation or failure to provide necessary evidence, potentially leading to denial of benefits or compensation. The Instrument emphasises its compatibility with human rights, as outlined in the Statement of Compatibility with Human Rights, ensuring that it does not derogate from any human rights and promotes the rights of veterans, service personnel, and their dependents. This includes rights to social security, adequate living standards, and health, as well as rights specific to persons with disabilities. The compatibility statement, prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, confirms that the Instrument does not infringe on any human rights and supports the rights of the affected individuals.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Offence Provisions
Licensing & Registration
Human Rights Law
Consultation Requirements

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.