Statement of Principles concerning popliteal entrapment syndrome (Reasonable Hypothesis) (No. 35 of 2026)

Administered by Department of Veterans' Affairs

Legislation au F2026L00457 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

POPLITEAL ENTRAPMENT SYNDROME

(REASONABLE HYPOTHESIS) (NO. 35 OF 2026)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning popliteal entrapment syndrome (Reasonable Hypothesis) (No. 35 of 2026).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 54 of 2017 (Federal Register of Legislation No. F2017L01053) determined under subsection 196B(2) of the VEA concerning popliteal entrapment syndrome.
  2.              The Authority is of the view that there is sound medical-scientific evidence that indicates that popliteal entrapment syndrome and death from popliteal entrapment syndrome 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 popliteal entrapment syndrome (Reasonable Hypothesis) (No. 35 of 2026). This Instrument will in effect replace the repealed Statement of Principles.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 popliteal entrapment syndrome or death from popliteal entrapment syndrome, 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 28 April 2025 concerning popliteal entrapment syndrome 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 'popliteal entrapment syndrome' in subsection 7(2) by the inclusion of a Note;
  • new definition of ‘clinical onset’ in Schedule 1 – Dictionary; and
  • revising the factor in subsection 9(7) inability to obtain appropriate clinical management.


Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to popliteal entrapment syndrome in the Government Notices Gazette of 28 April 2025, 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 popliteal entrapment syndrome as advertised in the Government Notices Gazette of 28 April 2025.

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. 35 of 2026

Kind of Injury, Disease or Death: popliteal entrapment syndrome

 

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 popliteal entrapment syndrome;
  • 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 popliteal entrapment syndrome with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 54 of 2017; and
  • reflects developments in the available sound medical-scientific evidence concerning popliteal entrapment syndrome 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 Popliteal Entrapment Syndrome (Reasonable Hypothesis) (No. 35 of 2026) was enacted in 2026 to address the need for updated medical-scientific evidence linking popliteal entrapment syndrome to specific military service types. This legislation was introduced by the Repatriation Medical Authority under the authority granted by the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The primary policy objective is to facilitate the assessment and determination of compensation and benefits for veterans and Defence Force members suffering from popliteal entrapment syndrome, ensuring these benefits are based on sound medical-scientific evidence. This updated Statement of Principles replaces the previous Instrument No. 54 of 2017, reflecting advancements in medical-scientific knowledge since its inception. It sets out the minimum factors that must exist and be related to specific service types, such as operational, peacekeeping, and warlike service, to establish a reasonable hypothesis connecting the syndrome with the service rendered. The enactment aims to enhance the quality of medico-scientific outcomes under the mentioned Acts and aligns with human rights by promoting access to social security and healthcare for eligible veterans and their dependents.

Scope and Application

The Statement of Principles concerning popliteal entrapment syndrome (Reasonable Hypothesis) (No. 35 of 2026) applies to veterans and service personnel who are eligible under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Specifically, it outlines the minimum factors that must exist, linking popliteal entrapment syndrome or death from popliteal entrapment syndrome to certain kinds of service, including operational, peacekeeping, hazardous, and British nuclear test defence service under the VEA, as well as warlike and non-warlike service under the MRCA. This Statement of Principles is instrumental in determining claims and facilitating the assessment and compensation processes for affected individuals. The legislative instrument is applicable nationally across Australia and aims to improve the medico-scientific quality of outcomes under the VEA and MRCA, ensuring that claims are evaluated based on sound medical-scientific evidence. It also ensures compatibility with human rights, promoting the rights of veterans, current and former Defence Force members, and their dependents, by facilitating the assessment and determination of benefits and compensation.

Key Provisions

The main operative sections of the Statement of Principles concerning popliteal entrapment syndrome (Reasonable Hypothesis) (No. 35 of 2026) focus on establishing the factors necessary to link popliteal entrapment syndrome to certain types of military service. Section 1 details the types of service under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) that must be considered in the context of this syndrome. Section 7 provides a definition of 'popliteal entrapment syndrome', while Section 9 outlines specific factors that must exist to establish a reasonable hypothesis of the syndrome's connection to service. These sections work together to ensure that claimants can properly substantiate their claims and that the authorities have a clear framework for assessing these claims. The Statement of Principles imposes several obligations on the parties involved. It requires claimants to provide evidence that links their popliteal entrapment syndrome to their service, detailing specific factors that must be met. The Repatriation Medical Authority (the Authority) and the relevant Commissions are obligated to assess these claims based on the evidence presented and the criteria outlined in the Statement of Principles. The Authority must also ensure that the determination of these principles is grounded in sound medical-scientific evidence and is compatible with human rights, as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement of Principles does not explicitly outline specific offences, penalties, or consequences for breach within its text. However, breaches of the requirements to provide accurate and relevant evidence or misleading claims could potentially lead to legal consequences under the VEA or the MRCA, including the possibility of fines or other penalties for providing false information. The Authority and the Commissions are also tasked with ensuring that the claims process is conducted fairly and transparently, with any misconduct or malfeasance potentially subject to further scrutiny and penalties as per the governing Acts. In summary, the Statement of Principles concerning popliteal entrapment syndrome establishes a clear framework for linking this condition to specific types of military service, imposes obligations on claimants and authorities to ensure claims are assessed accurately, and implicitly supports a fair and transparent claims process, with potential consequences for non-compliance under the relevant Acts.

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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.