Statement of Principles concerning otosclerosis (Reasonable Hypothesis) (No. 23 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00145 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

OTOSCLEROSIS

(REASONABLE HYPOTHESIS) (NO. 23 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning otosclerosis (Reasonable Hypothesis) (No. 23 of 2025).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 61 of 2016 (Federal Register of Legislation No. F2016L01152) determined under subsection 196B(2) of the VEA concerning otosclerosis.
  2.              The Authority is of the view that there is sound medical-scientific evidence that indicates that otosclerosis and death from otosclerosis 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 otosclerosis (Reasonable Hypothesis) (No. 23 of 2025).  This Instrument will in effect replace the repealed Statement of Principles.

Purpose and Operation

  1.              The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).
  2.              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 otosclerosis or death from otosclerosis, with the circumstances of that service.  The Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

  1.              This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 25 June 2024 concerning otosclerosis 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.
  2.              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 'otosclerosis' 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 infection with measles virus;
  • new definition of 'otic capsule' in Schedule 1 - Dictionary; and
  • deleting the definition of 'being infected with measles virus'.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to otosclerosis in the Government Notices Gazette of 25 June 2024, 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

  1.              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

  1.          The determining of this Instrument finalises the investigation in relation to otosclerosis as advertised in the Government Notices Gazette of 25 June 2024.

References

  1.          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. 23 of 2025

Kind of Injury, Disease or Death: Otosclerosis

 

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 otosclerosis;
  • 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 otosclerosis with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 61 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning otosclerosis 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 Otosclerosis (Reasonable Hypothesis) (No. 23 of 2025), enacted by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the medical-scientific evidence linking otosclerosis and death from otosclerosis with specific types of military service. This legislative instrument replaces the previously repealed Instrument No. 61 of 2016. The primary objective of this Statement of Principles is to establish the minimum factors necessary to raise a reasonable hypothesis that otosclerosis or death from otosclerosis is related to operational, peacekeeping, hazardous, British nuclear test defence, warlike, or non-warlike service. This framework is essential for assessing claims under both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act, ensuring that claimants receive appropriate medical treatment and compensation. The Repatriation Medical Authority determined this Statement of Principles after an investigation and in accordance with the available sound medical-scientific evidence, aligning with human rights standards to facilitate equitable access to benefits for eligible veterans and Defence Force members. This legislative instrument aims to clarify the criteria for connecting otosclerosis with military service, thereby aiding claimants and the relevant Commissions in evaluating and processing claims efficiently. By specifying the necessary factors and circumstances, the Statement of Principles ensures that the assessment of claims is based on sound medical-scientific evidence, promoting transparency and fairness in the benefits system. It also reflects the latest developments in medical-scientific understanding of otosclerosis, thereby improving the quality of outcomes under the relevant Acts.

Scope and Application

The Statement of Principles concerning otosclerosis (Reasonable Hypothesis) (No. 23 of 2025) is determined under subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA) and applies to claims under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative instrument outlines the circumstances in which otosclerosis or death from otosclerosis can be reasonably hypothesised to be related to particular kinds of military service, including operational, peacekeeping, hazardous, British nuclear test defence service, warlike, and non-warlike service. The principles are intended to assist both claimants and the Repatriation Commission, as well as the Military Rehabilitation and Compensation Commission, in assessing claims and ensuring that compensation and medical treatment are extended to eligible veterans and service members. This instrument replaces the previously repealed Instrument No. 61 of 2016 and reflects advancements in medical-scientific evidence concerning otosclerosis. The application of this Statement of Principles is compatible with human rights, promoting the rights to social security, an adequate standard of living, and health, without discrimination. The instrument specifies the factors necessary to establish a reasonable hypothesis linking otosclerosis with service, thereby facilitating the review of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal.

Key Provisions

The Statement of Principles concerning otosclerosis (Reasonable Hypothesis) (No. 23 of 2025) is a legislative instrument determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA). This Statement replaces the previously repealed Instrument No. 61 of 2016 and sets out the factors that must exist to connect otosclerosis or death from otosclerosis with certain types of service rendered by a person. These services include operational service, peacekeeping service, hazardous service, British nuclear test defence service under the VEA, and warlike or non-warlike service under the Military Rehabilitation and Compensation Act 2004 (MRCA) (sections 5 and 7). The Statement of Principles is applied in determining claims under the VEA and MRCA (section 3). This legislative instrument imposes certain obligations on claimants, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission. Claimants must provide evidence that they have otosclerosis and that the condition is related to one of the specified types of service. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are required to assess claims based on the factors outlined in the Statement of Principles and provide compensation and medical treatment where appropriate. The Veterans' Review Board and the Administrative Appeals Tribunal also have the responsibility to review decisions made by the Repatriation Commission and the Military Rehabilitation and Compensation Commission (section 2). Breaches of the provisions in the Statement of Principles concerning otosclerosis may lead to civil or criminal consequences, though specific offences and penalties are not detailed in the document. The maximum penalties for breaches of the VEA and MRCA are determined by the respective acts and can include fines and imprisonment. The Statement of Principles is compatible with human rights as it does not derogate from any human rights and 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 (section 4). The Repatriation Medical Authority ensures that the 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. The compatibility statement outlines how the instrument promotes the human rights of veterans, current and former Defence Force members, and their dependents without discrimination (section 4). The Authority finalised the investigation concerning otosclerosis, as advertised in the Government Notices Gazette of 25 June 2024, by determining this Statement of Principles (section 8).

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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.