Statement of Principles concerning Parkinson disease and Secondary Parkinsonism (Balance of Probabilities) (No. 88 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L01290 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

PARKINSON DISEASE AND SECONDARY PARKINSONISM

(BALANCE OF PROBABILITIES) (NO. 88 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning Parkinson disease and Secondary Parkinsonism (Balance of Probabilities) (No. 88 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. 56 of 2016 (Federal Register of Legislation No. F2016L00570) determined under subsections 196B(3) and (8) of the VEA concerning Parkinson's disease and secondary parkinsonism.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that Parkinson disease and Secondary Parkinsonism and death from Parkinson disease and Secondary Parkinsonism 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 Parkinson disease and Secondary Parkinsonism (Balance of Probabilities) (No. 88 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  This Instrument will in effect replace the repealed Statement of Principles.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 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, Parkinson disease and Secondary Parkinsonism or death from Parkinson disease and Secondary Parkinsonism 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.

  1.              This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 25 June 2024 concerning Parkinson's disease and secondary parkinsonism 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 'Parkinson disease and Secondary Parkinsonism' in subsection 7(2);
  • revising the factor in subsection 9(3), 9(4) and 9(33) concerning having a history of smoking;
  • revising the factors in subsections 9(6) and 9(35) concerning having an intracranial space occupying lesion;
  • revising the factor in subsection 9(8), 9(37) and 9(38) concerning cerebrovascular accident;
  • revising the factors in subsections 9(9) and 9(39) concerning having diseases of the cerebral vessels;
  • revising the factors in subsections 9(14) and 9(44) concerning human immunodeficiency virus;
  • revising the factors in subsections 9(16) and 9(46) concerning having neurocysticercosis;
  • revising the factors in subsections 9(23) and 9(53) concerning using methamphetamine or methcathinone (ephedrone);
  • revising the factors in subsections 9(24) and 9(54) concerning specified list of medications;
  • new factors in subsections 9(25), 9(55) and 9(56) concerning taking medication;
  • revising the factors in subsections 9(26) and 9(57) concerning disorders of calcium metabolism;
  • revising the factors in subsections 9(28) and 9(59) concerning having chronic renal failure;
  • revising the factors in subsections 9(29) and 9(60) concerning having autoimmune diseases;
  • new definitions of 'cerebral arteriolosclerosis', 'neuroimaging (magnetic resonance imaging or computed tomography) findings' and 'one pack-year' in Schedule 1 - Dictionary;
  • revising the definitions of 'hypoxic cerebral insult', 'organophosphorus ester', and 'regular smoking habit' in Schedule 1 - Dictionary; and
  • deleting the definitions of 'chronic renal failure', 'encephalitis', 'specified list of autoimmune diseases', 'specified list of diseases involving the cerebral vessels', and 'specified list of disorders of calcium metabolism'.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to Parkinson's disease and secondary parkinsonism 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. One submissions were received for consideration by the Authority in relation to the investigation. Changes were made to the proposed Instrument following this consultation process.

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 Parkinson's disease and secondary parkinsonism 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. 88 of 2025

Kind of Injury, Disease or Death: Parkinson disease and Secondary Parkinsonism

 

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 Parkinson disease and Secondary Parkinsonism;
  • 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, Parkinson disease and Secondary Parkinsonism 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. 56 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning Parkinson disease and Secondary Parkinsonism 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 Parkinson Disease and Secondary Parkinsonism (Balance of Probabilities) (No. 88 of 2025) is an instrument determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument seeks to address the gap in existing policies concerning the connection between certain types of service and Parkinson disease and Secondary Parkinsonism. It replaces the previous Statement of Principles No. 56 of 2016, incorporating updated medical-scientific evidence. The purpose of this instrument is to provide clarity and facilitate the assessment and review of claims related to Parkinson disease and Secondary Parkinsonism by outlining the factors that must exist for such a connection to be established on the balance of probabilities. This ensures that claimants and the relevant authorities can rely on a consistent and evidence-based framework in processing claims for medical treatment and compensation. The instrument was developed following an investigation into Parkinson's disease and secondary parkinsonism, with consultation involving various stakeholders including veterans' and service personnel organisations, and experts in the field. The Authority ensured that the new Statement of Principles is compatible with human rights as recognised in international instruments, promoting rights such as social security, adequate living standards, and health for veterans, Defence Force members, and their dependents. The instrument aims to provide a transparent, proportionate, and reasonable framework for assessing claims, ultimately supporting the rights of affected individuals without discrimination.

Scope and Application

The Statement of Principles concerning Parkinson Disease and Secondary Parkinsonism (Balance of Probabilities) (No. 88 of 2025) applies to claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It specifically pertains to veterans, current and former Defence Force members, and other eligible persons who may have Parkinson disease and Secondary Parkinsonism as a result of their service. The Instrument delineates the factors that must exist and be related to eligible war service, defence service, and peacetime service before it can be said that Parkinson disease and Secondary Parkinsonism, or death from Parkinson disease and Secondary Parkinsonism, is connected with the circumstances of that service. The Instrument has a Commonwealth jurisdictional reach, applying nationally across Australia. It does not include any stated exclusions, exemptions, or thresholds but may be subject to modifications through subordinate instruments as determined by the Repatriation Medical Authority. The Statement of Principles is designed to facilitate the process for claimants in making, and for the Repatriation Commission and the Military Rehabilitation and Compensation Commission in assessing, claims under the VEA and MRCA respectively. It replaces the previously repealed Instrument No. 56 of 2016 and reflects the latest sound medical-scientific evidence concerning Parkinson disease and Secondary Parkinsonism. This Instrument is compatible with human rights as it promotes the rights of veterans, current and former Defence Force members, and their dependents, ensuring that these rights are exercised without discrimination.

Key Provisions

The primary operative sections of the Statement of Principles concern Parkinson disease and Secondary Parkinsonism (Balance of Probabilities) (No. 88 of 2025) (sections 1 to 10) detail the conditions under which the Authority has determined that Parkinson disease and Secondary Parkinsonism can be related to particular kinds of service. This determination is based on the balance of probabilities, meaning it is more likely than not that the disease or death from the disease is connected to the service. These sections outline the specific factors and circumstances that must be present to establish a link between the disease and the service rendered by the person (sections 1 to 10). The Act imposes several obligations and requirements on the parties and entities it governs. Claimants must provide evidence to support their claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Repatriation Commission and the Military Rehabilitation and Compensation Commission are tasked with assessing these claims based on the sound medical-scientific evidence and the factors specified in the Statement of Principles. The Veterans' Review Board and the Administrative Appeals Tribunal are responsible for reviewing decisions made by the Commissions. These bodies must adhere to the criteria outlined in the Statement of Principles when making determinations about eligibility for benefits and compensation. Breach of the provisions set out in the Statement of Principles can result in civil or criminal consequences. While the Statement of Principles itself does not specify penalties, breaches of the VEA or MRCA may lead to legal actions. Under the VEA, penalties for providing false or misleading information can include fines and imprisonment. For example, section 115 of the VEA imposes a maximum penalty of $18,000 or imprisonment for one year, or both, for providing false or misleading information to obtain a benefit. Similarly, section 138 of the MRCA imposes penalties for fraudulent claims, including fines and imprisonment. It is essential for claimants and the entities involved in the assessment and review process to comply with the requirements set out in the Statement of Principles and the governing Acts to avoid any legal repercussions.

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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.