Statement of Principles concerning polycythaemia vera (Balance of Probabilities) (No. 88 of 2021)

Administered by Department of Veterans' Affairs

Legislation au F2021L01171 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

POLYCYTHAEMIA VERA

(BALANCE OF PROBABILITIES) (NO. 88 OF 2021)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning polycythaemia vera (Balance of Probabilities) (No. 88 of 2021).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 12 of 2013 (Federal Register of Legislation No. F2013L00406) determined under subsection 196B(3) of the VEA concerning polycythaemia vera.

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that polycythaemia vera and death from polycythaemia vera 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 polycythaemia vera (Balance of Probabilities) (No. 88 of 2021).  This Instrument will in effect replace the repealed Statement of Principles.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, polycythaemia vera or death from polycythaemia vera 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 23 April 2020 concerning polycythaemia vera 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 'polycythaemia vera' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • new factor in subsection 9(1) concerning having smoked tobacco products, for clinical onset only;
  • new definitions of 'MRCA', 'one pack-year' 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 polycythaemia vera in the Government Notices Gazette of 23 April 2020, 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 polycythaemia vera as advertised in the Government Notices Gazette of 23 April 2020.

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. 88 of 2021

Kind of Injury, Disease or Death: Polycythaemia vera

 

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 polycythaemia vera;
  • 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, polycythaemia vera 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. 12 of 2013; and
  • reflects developments in the available sound medical-scientific evidence concerning polycythaemia vera 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 polycythaemia vera (Balance of Probabilities) (No. 88 of 2021) is an instrument determined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) by the Repatriation Medical Authority (RMA). This legislative instrument was enacted to address the medical-scientific evidence supporting the link between polycythaemia vera and service rendered by veterans, thus facilitating the assessment and approval of claims for compensation and medical treatment under the VEA and MRCA. The RMA replaced the previous Statement of Principles No. 12 of 2013 to incorporate the latest medical-scientific evidence, ensuring that the assessment of claims is based on the most current and accurate information. This instrument outlines the specific factors that must be present for polycythaemia vera to be considered related to particular kinds of service, aiding both claimants and the relevant authorities in the claims process. The Statement of Principles was developed following an investigation into polycythaemia vera, which was announced in the Government Notices Gazette on 23 April 2020. The RMA invited submissions from relevant organisations and individuals but received none. The instrument is designed to be compatible with human rights, promoting the rights of veterans, current and former Defence Force members, and their dependants by ensuring reasonable, proportionate, and transparent assessment and approval of benefits and compensation. This legislative instrument facilitates the provision of social security, adequate living standards, and health care to those affected by polycythaemia vera, ensuring their rights are exercised without discrimination.

Scope and Application

The Statement of Principles concerning polycythaemia vera (Balance of Probabilities) (No. 88 of 2021) applies to claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It specifies the circumstances in which individuals who have polycythaemia vera may be entitled to medical treatment and compensation, facilitating the assessment of claims by the Repatriation Commission and the Military Rehabilitation and Compensation Commission respectively. This instrument is designed to help determine whether, on the balance of probabilities, polycythaemia vera is connected to the eligible service rendered by a person, thereby guiding the provision of benefits and compensation. The application of this Statement of Principles is governed by the sound medical-scientific evidence available, and it replaces the previous Statement of Principles concerning polycythaemia vera (Instrument No. 12 of 2013) to reflect more recent medical evidence. It is applicable nationally, encompassing all eligible service personnel and their dependents who may seek benefits under the VEA and the MRCA. The instrument does not specify any exclusions or thresholds but provides detailed factors that must be considered in determining the connection between polycythaemia vera and the service rendered.

Key Provisions

The Statement of Principles concerning polycythaemia vera (Balance of Probabilities) (No. 88 of 2021) outlines the circumstances under which polycythaemia vera or death from polycythaemia vera can be considered connected to certain kinds of military service. According to section 5 of the explanatory statement, this connection can be made if specific factors are present and related to eligible war service, defence service, or peacetime service. These factors include a clinical onset of polycythaemia vera and its diagnosis, among other conditions. The Statement of Principles replaces the previous Instrument No. 12 of 2013 and incorporates the latest medical-scientific evidence. The obligations imposed by this legislation primarily concern the Repatriation Medical Authority (RMA) and the claimants. The RMA is required to assess claims based on the factors specified in the Statement of Principles. Claimants must provide evidence that aligns with these factors to substantiate their claims for medical treatment and compensation under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This includes providing medical records and other relevant documentation to demonstrate the connection between their polycythaemia vera and their service. There are no explicit offences or penalties mentioned in the Statement of Principles itself. However, any failure to comply with the requirements for making a claim, or providing false or misleading information, could lead to legal consequences under the VEA and the MRCA. Such consequences might include the denial of benefits, the requirement to repay any compensation already received, and potential civil or criminal penalties for fraud or misrepresentation. The specific penalties would depend on the applicable provisions of the VEA and the MRCA, which could involve fines and/or imprisonment for serious offences. In summary, the Statement of Principles concerning polycythaemia vera sets out clear criteria for connecting the disease to military service, imposes specific obligations on both the RMA and claimants, and while it does not directly outline penalties, non-compliance or fraud could lead to serious legal consequences under related legislation.

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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.