Statement of Principles concerning neoplasm of the pituitary gland (Balance of Probabilities) (No. 71 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L01050 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

NEOPLASM OF THE PITUITARY GLAND

(BALANCE OF PROBABILITIES) (NO. 71 OF 2024)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning neoplasm of the pituitary gland (Balance of Probabilities) (No. 71 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. 54 of 2015 (Federal Register of Legislation No. F2015L00260) determined under subsection 196B(3) of the VEA concerning neoplasm of the pituitary gland.

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that neoplasm of the pituitary gland and death from neoplasm of the pituitary gland 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 neoplasm of the pituitary gland (Balance of Probabilities) (No. 71 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  This Instrument will in effect replace the repealed Statement of Principles.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, neoplasm of the pituitary gland or death from neoplasm of the pituitary gland 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 10 May 2022 concerning neoplasm of the pituitary gland 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 'neoplasm of the pituitary gland' 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 undergone bilateral adrenalectomy for the treatment of Cushing syndrome;
  • new factor in subsection 9(2) concerning taking gonadotropin-releasing hormone (GnRH) agonists;
  • new factor in subsection 9(3) concerning taking hormones as part of a dynamic endocrine test;
  • new definitions of 'MRCA' and 'VEA' in Schedule 1 - Dictionary; and
  • deleting the definitions of 'ACTH' and 'bilateral adrenalectomy'.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to neoplasm of the pituitary gland 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 neoplasm of the pituitary gland 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. 71 of 2024

Kind of Injury, Disease or Death: Neoplasm of the pituitary gland

 

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 neoplasm of the pituitary gland;
  • 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, neoplasm of the pituitary gland 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. 54 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning neoplasm of the pituitary gland 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 neoplasm of the pituitary gland (Balance of Probabilities) (No. 71 of 2024) is an instrument determined under subsection 196B(3) of the Veterans' Entitlements Act 1986 and applies to the Military Rehabilitation and Compensation Act 2004. This instrument was enacted by the Repatriation Medical Authority to address the medical-scientific evidence indicating a probable connection between neoplasm of the pituitary gland and specific types of military service. The primary objective is to facilitate the claims process for veterans and service personnel who have developed a neoplasm of the pituitary gland by setting out the factors that must be considered to determine a connection with their service. This instrument replaces the previous Statement of Principles No. 54 of 2015, reflecting updated medical-scientific evidence. The instrument aims to ensure that claims are assessed fairly and transparently, promoting the human rights of veterans, current and former Defence Force members, and their dependents by facilitating the provision of social security benefits, adequate living standards, and health care. The Repatriation Medical Authority conducted an investigation into the matter, advertised in the Government Notices Gazette, and invited submissions from relevant stakeholders. After reviewing the sound medical-scientific evidence, the Authority determined this instrument, which is compatible with human rights as it neither derogates from any human rights nor discriminates against any group. The instrument outlines the factors that must exist for a connection to be established between the neoplasm of the pituitary gland and the service rendered by the claimant.

Scope and Application

The Statement of Principles concerning neoplasm of the pituitary gland (Balance of Probabilities) (No. 71 of 2024) applies to claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It specifies the circumstances in which medical treatment and compensation can be extended to eligible persons who have developed neoplasm of the pituitary gland. This applies to eligible war service, defence service, and peacetime service as defined in the respective Acts. The Statement of Principles outlines the factors that must exist, and which of those factors must be related to the service rendered by a person, for it to be said that, on the balance of probabilities, neoplasm of the pituitary gland is connected with the circumstances of that service. This legislative instrument does not derogate from any human rights and 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. It promotes the human rights of veterans, current and former Defence Force members, and their dependents by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, and by facilitating the assessment and determination of social security benefits and compensation. The Statement of Principles is a technical instrument that improves the medico-scientific quality of outcomes under the VEA and the MRCA. It replaces Instrument No. 54 of 2015 and reflects developments in the available sound medical-scientific evidence concerning neoplasm of the pituitary gland which have occurred since that earlier instrument was determined. It facilitates claimants in making claims under the VEA and the MRCA and facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. The Authority has invited submissions from relevant parties but has not received any submissions for consideration in relation to the investigation.

Key Provisions

The Statement of Principles concerning neoplasm of the pituitary gland (Balance of Probabilities) (No. 71 of 2024) sets out the factors that must exist and must be related to specific kinds of service to determine a connection between neoplasm of the pituitary gland or death from neoplasm of the pituitary gland and service under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). These factors are essential for claimants to establish a service-related claim for compensation or medical treatment. Section 5 of the Explanatory Statement specifies that for eligible war service, defence service, and peacetime service, certain conditions must be met before it can be concluded that neoplasm of the pituitary gland or death from such a neoplasm is connected to service on the balance of probabilities. The Act imposes obligations on claimants to provide evidence that meets the criteria outlined in the Statement of Principles. This includes demonstrating a connection between their service and the development of neoplasm of the pituitary gland. Additionally, the Repatriation Medical Authority (the Authority) is obligated to assess these claims based on the sound medical-scientific evidence available, as stipulated in subsection 196B(3) of the VEA. The Authority must ensure that the assessment process is transparent and that claimants have access to the necessary information to substantiate their claims. There are no specific offences mentioned in the Statement of Principles; however, providing false information or documents to support a claim could lead to legal consequences. Under the VEA, making a false statement for the purpose of obtaining a benefit can be considered an offence, with potential criminal penalties. Additionally, any breach of the MRCA may result in civil consequences, including the repayment of any compensation received and possible fines. The maximum penalties for such offences can vary depending on the severity of the offence and the applicable legislation. The Repatriation Medical Authority, in determining this Statement of Principles, ensures that the legislative instrument is compatible with human rights, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2006. The Statement of Compatibility with Human Rights asserts that this instrument does not derogate from any human rights and, in fact, promotes several, including 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. The instrument is designed to facilitate the assessment and determination of benefits and compensation in a manner that respects and upholds these rights.

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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.