Statement of Principles concerning presbyopia (repeal) (No. 64 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00728 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENTS OF PRINCIPLES CONCERNING

PRESBYOPIA (REPEAL)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statements of Principles concerning presbyopia (repeal) (No. 64 of 2025).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(9) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 22 of 2017 (Federal Register of Legislation No. F2017L00172) and Instrument No. 23 of 2017 (Federal Register of Legislation No. F2017L00173) determined under subsection 196B(2) and (3) of the VEA concerning presbyopia.

Following investigation, the Authority is of the view that there is insufficient medical-scientific evidence in order to determine factors for presbyopia which might be related to service. The Authority has therefore decided pursuant to subsection 196B(9) that there is insufficient sound medical-scientific evidence in order to  determine Statements of Principles for presbyopia either on the basis of reasonable hypothesis or balance of probability.

  1.              This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 30 October 2024 concerning presbyopia 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.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to presbyopia in the Government Notices Gazette of 30 October 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. No submissions were received for consideration by the Authority in relation to the investigation.
  2.              A Declaration under 196B(9) to declare the Authority does not propose to make a Statement of Principles concerning presbyopia will be lodged in the Government Notices Gazette in June 2025.

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 presbyopia as advertised in the Government Notices Gazette of 30 October 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. 64 of 2025

Kind of Injury, Disease or Death: Presbyopia

 

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(8) 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 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 presbyopia;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;

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 Statements of Principles concerning presbyopia (repeal) (No. 64 of 2025) is an instrument under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), enacted to address the problem of insufficient medical-scientific evidence to establish a link between presbyopia and military service. The Repatriation Medical Authority (the Authority) has determined that there is insufficient evidence to establish a Statement of Principles concerning presbyopia based on reasonable hypothesis or balance of probability. This repeal follows an investigation by the Authority, which found that the existing evidence was insufficient to support such a link. This legislative instrument aims to facilitate claims and assessments under the VEA and MRCA, as well as reviews by the Veterans' Review Board and the Administrative Appeals Tribunal. It ensures that the determination of benefits remains grounded in sound medical-scientific evidence, thereby upholding the rights of veterans and service personnel, including the right to social security and an adequate standard of living. The instrument is compatible with human rights, promoting the rights of veterans and their dependents without discrimination. The Authority, in its role under the VEA, initiated an investigation into presbyopia, advertising its intention in the Government Notices Gazette of 30 October 2024. Following this investigation and after considering the available evidence, the Authority concluded that there was insufficient sound medical-scientific evidence to determine a connection between presbyopia and military service. This led to the repeal of previous instruments concerning presbyopia. The instrument is designed to improve the quality of medico-scientific outcomes under the VEA and MRCA, ensuring that benefits are provided in a reasonable, proportionate, and transparent manner. It supports the human rights of veterans and their dependents, ensuring they can access social security and health benefits without discrimination. The Authority's determination is in line with international human rights standards, promoting the rights to social security, adequate living standards, and health, while ensuring non-discriminatory access to these rights.

Scope and Application

This legislative instrument, the Statements of Principles concerning presbyopia (repeal) (No. 64 of 2025), pertains to the repeal of previous instruments concerning presbyopia, determined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It applies to veterans and service personnel, particularly those who have sought to claim benefits or compensation for presbyopia linked to their service. The repeal was necessitated by the Repatriation Medical Authority's finding of insufficient medical-scientific evidence to support a causal link between presbyopia and service. This decision affects the eligibility of claimants for benefits and the assessment process by the Repatriation Commission and the Military Rehabilitation and Compensation Commission. The repeal has a national reach, applicable across Australia as per the jurisdiction of the Commonwealth in matters related to veterans' entitlements. No specific exclusions or exemptions are outlined in this instrument, but it does note that the decision does not derogate from any human rights and is compatible with the human rights recognised under international instruments. The instrument may be extended or restricted by subordinate instruments, but this is not elaborated upon in the explanatory statement.

Key Provisions

The main operative sections of the Statements of Principles concerning presbyopia (repeal) (No. 64 of 2025) include the repeal of Instruments No. 22 and 23 of 2017 (F2017L00172 and F2017L00173) as determined under subsection 196B(2) and (3) of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This repeal is based on the Repatriation Medical Authority's finding that there is insufficient sound medical-scientific evidence to determine the factors for presbyopia that might be related to service. The Authority's decision not to make a Statement of Principles concerning presbyopia is pursuant to subsection 196B(9) of the VEA. This legislative instrument facilitates claimants and the Repatriation Commission and 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 presbyopia. The obligations and requirements imposed by this Act include the Repatriation Medical Authority's responsibility to conduct investigations into the sound medical-scientific evidence available regarding specific conditions such as presbyopia, as mandated by section 196G of the VEA. The Authority is required to advertise its intention to undertake such investigations and to invite submissions from relevant organisations and individuals. In this instance, the Authority circulated a notice of its intention to investigate presbyopia to a wide range of organisations representing veterans, service personnel, and their dependants, but no submissions were received. The Authority must also ensure that the determination of this instrument complies with human rights, as outlined in the Statement of Compatibility with Human Rights. The Authority is also responsible for lodging a Declaration under 196B(9) in the Government Notices Gazette, declaring that it does not propose to make a Statement of Principles concerning presbyopia. Any offences, penalties, or civil/criminal consequences for breach of the provisions of this Act are not explicitly stated in the text. However, the determination of this instrument finalises the investigation into presbyopia as advertised in the Government Notices Gazette of 30 October 2024. The Authority's decision not to make a Statement of Principles concerning presbyopia reflects its assessment of the available sound medical-scientific evidence. This legislative instrument is assessed as a technical instrument that improves the medico-scientific quality of outcomes under the VEA and the MRCA. It promotes human rights by facilitating the assessment and determination of social security benefits and ensuring the enjoyment of the highest attainable standard of physical and mental health for veterans, current and former Defence Force members, and their dependents.

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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.