Statement of Principles concerning pleural plaque (Balance of Probabilities) (No. 106 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L01384 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

PLEURAL PLAQUE

(BALANCE OF PROBABILITIES) (NO. 106 OF 2022)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning pleural plaque (Balance of Probabilities) (No. 106 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. 46 of 2014 (Federal Register of Legislation No. F2014L00477) determined under subsection 196B(3) of the VEA concerning pleural plaque.

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that pleural plaque and death from pleural plaque 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 pleural plaque (Balance of Probabilities) (No. 106 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  This Instrument will in effect replace the repealed Statement of Principles.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, pleural plaque or death from pleural plaque 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 2 November 2021 concerning pleural plaque 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 'pleural plaque' in subsection 7(2);
  • deleting ICD-10-AM codes for 'pleural plaque';
  • revising the factor in subsection 9(1) concerning inhaling respirable asbestos fibres;
  • new factor in subsection 9(2) concerning inhaling respirable refractory ceramic fibres;
  • new factor in subsection 9(3) concerning inhaling erionite fibres;
  • new definitions of 'erionite', 'MRCA', 'refractory ceramic fibres' and 'VEA' in Schedule 1 - Dictionary; and
  • revising the definition of 'relevant service' in Schedule 1 – Dictionary.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to pleural plaque in the Government Notices Gazette of 2 November 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.

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 pleural plaque as advertised in the Government Notices Gazette of 2 November 2021.

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. 106 of 2022

Kind of Injury, Disease or Death: Pleural plaque

 

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 pleural plaque;
  • 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, pleural plaque 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. 46 of 2014; and
  • reflects developments in the available sound medical-scientific evidence concerning pleural plaque 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 pleural plaque (Balance of Probabilities) (No. 106 of 2022) was determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) to address the connection between pleural plaque and particular kinds of service. The Repatriation Medical Authority repealed the previous Instrument No. 46 of 2014 and replaced it with this new Statement of Principles to reflect the latest sound medical-scientific evidence. The primary purpose of this Instrument is to facilitate the assessment and determination of claims under the VEA and the MRCA by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have pleural plaque. This instrument will be applied to determine claims under both Acts and outlines the factors that must exist for it to be said that, on the balance of probabilities, pleural plaque is connected with the circumstances of eligible service rendered by a person. The instrument is assessed as a technical instrument that improves the medico-scientific quality of outcomes under the VEA and the MRCA. The Authority has determined that 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.

Scope and Application

This Explanatory Statement outlines the Statement of Principles concerning pleural plaque (Balance of Probabilities) (No. 106 of 2022) which has been determined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Statement of Principles is intended to guide the assessment of claims related to pleural plaque by setting out the specific factors that must be present and connected to eligible service to establish a link to the condition on the balance of probabilities. It applies to claims under both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act, and it specifies that pleural plaque or death from pleural plaque can be connected to eligible war service, defence service, or peacetime service under these Acts. This Statement of Principles replaces the previously repealed Instrument No. 46 of 2014, reflecting updated medical-scientific evidence. The instrument does not contain any exclusions, exemptions, or thresholds and does not extend or restrict its application through subordinate instruments. It has been determined in compliance with human rights as recognised in the relevant international instruments.

Key Provisions

The Statement of Principles concerning pleural plaque (Balance of Probabilities) (No. 106 of 2022), outlined in section 5, specifies the factors that must exist, and which of those factors must be related to the service rendered by a person, before it can be said that, on the balance of probabilities, pleural plaque or death from pleural plaque is connected with the circumstances of that service. This Statement of Principles applies to claims under both the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Specifically, for claims under the VEA, the factors must be related to eligible war service or defence service, excluding operational and hazardous service, respectively. For claims under the MRCA, the factors must be related to peacetime service. These provisions are designed to ensure that claimants can provide the necessary evidence to link their pleural plaque or death from pleural plaque to their service, thereby qualifying for benefits under the respective Acts. The Repatriation Medical Authority (the Authority) has a responsibility under subsection 196B(3) of the VEA to determine such Statements of Principles based on the sound medical-scientific evidence available. In this case, the Authority determined that it is more probable than not that pleural plaque and death from pleural plaque can be related to particular kinds of service, leading to the creation of this new Statement of Principles. The Authority must ensure that these determinations are made transparently and based on the best available medical-scientific evidence. Furthermore, the Authority is required to facilitate claimants in making claims and the relevant Commissions in assessing those claims, ensuring that the process is fair and evidence-based. Breaches of the provisions in the Statement of Principles could lead to significant consequences for claimants and the responsible authorities. If a claimant provides false or misleading information to substantiate their claim, they may face penalties under the VEA or the MRCA, which could include fines or other civil penalties. The responsible authorities, including the Repatriation Commission and the Military Rehabilitation and Compensation Commission, must ensure that claims are assessed accurately and in accordance with the Statement of Principles. Failure to do so could result in administrative or legal action against the authority, potentially leading to disciplinary measures or other corrective actions to ensure compliance with the legislative requirements. The Statement of Principles also includes a Statement of Compatibility with Human Rights, which confirms that the instrument does not derogate from any human rights and, in fact, promotes several human rights, including 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. These provisions are designed to ensure that the benefits and compensation provided under the VEA and the MRCA are accessible and non-discriminatory, thereby upholding the human rights of veterans and Defence Force members. Any failure to comply with these human rights obligations could result in legal challenges or other consequences aimed at ensuring that the rights of claimants are protected.

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Area of Law
Veterans' Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compliance Obligations
Rights & Protections
Catchwords
Pleural Plaque

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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.