Statement of Principles concerning periodontal abscess (Balance of Probabilities) (No. 26 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L00280 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

PERIODONTAL ABSCESS

(BALANCE OF PROBABILITIES) (No. 26 of 2022)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning periodontal abscess (Balance of Probabilities) (No. 26 of 2022).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 50 of 2013 (Federal Register of Legislation No. F2013L01131) determined under subsection 196B(3) of the VEA concerning periodontal abscess.

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that periodontal abscess and death from periodontal abscess 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 periodontal abscess (Balance of Probabilities) (No. 26 of 2022).  This Instrument will in effect replace the repealed Statement of Principles.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, periodontal abscess or death from periodontal abscess 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 5 January 2021 concerning periodontal abscess 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 'periodontal abscess' in subsection 7(2);
  • revising the factors in subsections 9(2) and 9(6) concerning having a foreign body embedded in the affected region of the periodontium, by the inclusion of a note;
  • revising the factors in subsections 9(3) and 9(7) concerning having trauma to the affected region of the periodontium, by the inclusion of a note;
  • new factors in subsections 9(4) and 9(8) concerning having surgery to the affected region of the periodontium;
  • deleting the factors concerning having dental pulp disease of a tooth in the affected region of the periodontium;
  • new definitions of 'MRCA' and 'VEA' in Schedule 1 - Dictionary;
  • revising the definitions of 'relevant service' and 'trauma to the affected region of the periodontium' in Schedule 1 - Dictionary; and
  • deleting the definition of 'a foreign body'.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to periodontal abscess in the Government Notices Gazette of 5 January 2021, 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.

9.             On 12 October 2021, 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 factors relating to having dental pulp disease of a tooth in the affected region of the periodontium.  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.

Human Rights

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.

Finalisation of Investigation

11.         The determining of this Instrument finalises the investigation in relation to periodontal abscess as advertised in the Government Notices Gazette of 5 January 2021.

References

12.         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. 26 of 2022

Kind of Injury, Disease or Death: Periodontal abscess

 

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 periodontal abscess;
  • 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, periodontal abscess 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. 50 of 2013; and
  • reflects developments in the available sound medical-scientific evidence concerning periodontal abscess 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 periodontal abscess (Balance of Probabilities) (No. 26 of 2022) was enacted to replace Instrument No. 50 of 2013, addressing the gap in medical-scientific evidence concerning the connection between periodontal abscess and particular kinds of service rendered by a person. This legislative instrument, determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, aims to provide clarity on the circumstances in which periodontal abscess or death from periodontal abscess can be related to eligible war service, defence service, or peacetime service. This will facilitate claims under the respective Acts, ensuring that claimants and the relevant Commissions can accurately assess and determine social security benefits and compensation. The policy objective is to promote the human rights of veterans and Defence Force members, including their right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, while ensuring these rights are exercised without discrimination. This Legislative Instrument was determined after an investigation by the Repatriation Medical Authority, which involved an examination of the latest sound medical-scientific evidence available, including the evidence considered previously. The Instrument specifies the factors that must exist before it can be said that, on the balance of probabilities, periodontal abscess or death from periodontal abscess is connected with the circumstances of service rendered by a person. The instrument reflects the latest medical-scientific evidence and adopts a revised Instrument format. Importantly, it promotes human rights 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 for veterans and Defence Force members.

Scope and Application

The Statement of Principles concerning periodontal abscess (Balance of Probabilities) (No. 26 of 2022) applies to veterans and current or former members of the Australian Defence Force who may have contracted a periodontal abscess as a result of their service. The Statement of Principles is determined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 and sets out the medical and scientific factors that must exist before it can be said that, on the balance of probabilities, a periodontal abscess or death from a periodontal abscess is connected with the service rendered by the person. This instrument applies to eligible war service (other than operational service), defence service (other than hazardous service and British nuclear test defence service) and peacetime service. It provides guidance for the Repatriation Commission and the Military Rehabilitation and Compensation Commission in assessing claims and for the Veterans' Review Board and the Administrative Appeals Tribunal in reviewing decisions. This Statement of Principles reflects the latest sound medical-scientific evidence concerning periodontal abscess and replaces Instrument No. 50 of 2013. The instrument is compatible with human rights and does not derogate from any human rights; instead, it promotes a number of human rights such as the right to social security, the right to an adequate standard of living, and the right to the enjoyment of the highest attainable standard of physical and mental health.

Key Provisions

The Statement of Principles concerning periodontal abscess (Balance of Probabilities) (No. 26 of 2022) establishes criteria for determining claims related to periodontal abscess under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It outlines the specific circumstances and factors that must exist for a claim to be considered valid, focusing on the connection between periodontal abscess and service rendered by veterans and current or former defence force members. This includes detailing the types of service that can be related to periodontal abscess, such as eligible war service, defence service, and peacetime service. The Statement of Principles provides a framework for assessing the likelihood that periodontal abscess or death from periodontal abscess is connected to service circumstances, based on the balance of probabilities. The obligations imposed by this Act include the requirement for claimants to provide evidence that meets the criteria set out in the Statement of Principles. The Repatriation Medical Authority (RMA) is mandated to assess these claims based on the available sound medical-scientific evidence. The RMA must also ensure that the determination process is transparent and that any decisions made are in line with the criteria outlined in the Statement of Principles. Furthermore, the Act requires the RMA to review the evidence regularly and update the Statement of Principles as new medical-scientific evidence becomes available. Breaches of the provisions outlined in the Statement of Principles may result in various consequences, although the Act does not explicitly detail specific offences, penalties, or criminal consequences. The primary focus is on ensuring that claims are assessed correctly and that claimants receive appropriate benefits if they meet the specified criteria. The consequences of non-compliance would likely involve the rejection of a claim if it is found that the evidence does not meet the criteria set out in the Statement of Principles. This could lead to appeals and reviews by the Veterans' Review Board and the Administrative Appeals Tribunal, which have the authority to overturn decisions if they find that the RMA's assessment was incorrect or not in line with the legislative requirements. Overall, the Statement of Principles aims to provide a clear and evidence-based framework for assessing claims related to periodontal abscess, ensuring that veterans and defence force members receive the benefits and compensation they are entitled to under the VEA and MRCA. The RMA's role is to interpret and apply these principles fairly and consistently, in line with the legislative requirements and available medical-scientific evidence.

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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.