Statement of Principles concerning pure red cell aplasia (Balance of Probabilities) (No. 61 of 2020)

Administered by Department of Veterans' Affairs

Legislation au F2020L01084 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Statement of Principles concerning

PURE RED CELL APLASIA

(Balance of PROBABILITIES) (NO. 61 OF 2020)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning pure red cell aplasia (Balance of Probabilities) (No. 61 of 2020).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 51 of 2012 (Federal Register of Legislation No. F2012L01793) determined under subsections 196B(3) and (8) of the VEA concerning aplastic anaemia, insofar as it contained factors concerning pure red cell aplasia.

3.             The Authority has determined, under subsection 196B(3) of the Veterans' Entitlements Act 1986 (the VEA), Statement of Principles concerning pure red cell aplasia (Balance of Probabilities) (No. 61 of 2020).

4.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that pure red cell aplasia and death from pure red cell aplasia can be related to particular kinds of service.  The Authority has therefore determined this Statement of Principles concerning pure red cell aplasia pursuant to subsection 196B(3) of the VEA.

Purpose and Operation

5.             The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).

6.             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, pure red cell aplasia or death from pure red cell aplasia 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.

7.             The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board or Administrative Appeals Tribunal cannot accept any claim for pension; or a claim for liability or compensation relating to pure red cell aplasia or death from pure red cell aplasia that was lodged on or after 1 June 1994 in the case of the VEA, or 1 July 2004 in the case of the MRCA respectively, unless this Statement of Principles upholds that claim (subsection 120B(3) of the VEA or subsection 339(3) of the MRCA).

8.             This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 29 October 2019 concerning aplastic anaemia in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence available to the Authority. On consideration of the sound medical-scientific evidence the Authority decided to determine separate Statements of Principles for aplastic anaemia and pure red cell aplasia. The available evidence for pure red cell aplasia supports a number of risk factors being causally associated with the clinical onset and worsening of this disease. The evidence also indicates that red cell aplasia is a separate disease from aplastic anaemia, with a different pathogenesis in the bone marrow.

Consultation

9.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to pure red cell aplasia in the Government Notices Gazette of 29 October 2019, 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

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 new Instrument finalises the investigation in relation to aplastic anaemia as advertised in the Government Notices Gazette of 29 October 2019.

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. 61 of 2020

Kind of Injury, Disease or Death: Pure red cell aplasia

 

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 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 pure red cell aplasia;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal; and
  • outlines the factors which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, pure red cell aplasia is connected with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement.

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, ICSECR; 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, ICSECR 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 Pure Red Cell Aplasia (Balance of Probabilities) (No. 61 of 2020) was enacted to address the gap in medical-scientific evidence related to the connection between pure red cell aplasia and certain kinds of service, particularly for veterans and service personnel. This legislative instrument was determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans' Entitlements Act 1986 (VEA) and applies to claims under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The primary purpose of this Statement of Principles is to outline the factors that must exist, and which must be related to specific kinds of service, before it can be said that, on the balance of probabilities, pure red cell aplasia or death from pure red cell aplasia is connected with the circumstances of that service. The Authority has determined this instrument based on the available sound medical-scientific evidence, which supports the causal association of certain risk factors with the clinical onset and worsening of pure red cell aplasia, distinguishing it from aplastic anaemia as a separate disease with different pathogenesis in the bone marrow. This legislative instrument facilitates the assessment and determination of claims for benefits and compensation under the VEA and MRCA, and ensures that human rights are not derogated from, promoting various rights including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

Scope and Application

The Statement of Principles concerning pure red cell aplasia (Balance of Probabilities) (No. 61 of 2020) applies to claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It is relevant to individuals who have served in eligible war service, defence service, or peacetime service and who are affected by pure red cell aplasia or death from pure red cell aplasia. The Statement of Principles outlines the factors that must be present, and how they must be related to specific kinds of service, to establish a connection between the condition and the service on the balance of probabilities. Claims for pension or compensation relating to pure red cell aplasia or death from pure red cell aplasia that are lodged after 1 June 1994 for the Veterans' Entitlements Act 1986 and after 1 July 2004 for the Military Rehabilitation and Compensation Act 2004 cannot be accepted unless this Statement of Principles upholds the claim. The instrument was determined following an investigation into aplastic anaemia, which led to the determination of separate Statements of Principles for aplastic anaemia and pure red cell aplasia due to their distinct pathogenesis in the bone marrow. The Statement of Principles does not explicitly mention any exclusions, exemptions, or thresholds. However, the application of the principles is limited to claims lodged after specific dates, namely 1 June 1994 for the Veterans' Entitlements Act 1986 and 1 July 2004 for the Military Rehabilitation and Compensation Act 2004. The application of the principles may also be extended or restricted through subordinate instruments, although the provided text does not elaborate on this aspect. The instrument is compatible with human rights as it promotes various human rights, including the right to social security, adequate standard of living, and the highest attainable standard of physical and mental health.

Key Provisions

The Statement of Principles concerning pure red cell aplasia (Balance of Probabilities) (No. 61 of 2020) primarily outlines the circumstances under which a claim for compensation related to pure red cell aplasia can be considered valid under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This Statement of Principles, determined under subsection 196B(3) of the VEA, specifies that for a claim to be upheld, the condition of pure red cell aplasia or death from this condition must be linked to particular types of service, including eligible war service, defence service, and peacetime service (Section 6). The Statement of Principles sets forth the necessary factors that must exist and be related to these types of service for a claim to be valid. This includes determining the balance of probabilities regarding the connection between the service and the onset of pure red cell aplasia. The obligations imposed by this Act on the parties or entities it governs are primarily related to the assessment and review of claims for compensation. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, and Administrative Appeals Tribunal are required to consider this Statement of Principles when assessing claims for pension or compensation related to pure red cell aplasia. Claims lodged on or after 1 June 1994 under the VEA or 1 July 2004 under the MRCA cannot be accepted unless they are supported by this Statement of Principles (Section 7). The Statement of Principles serves as a critical guideline for these bodies in determining the eligibility of claims. The legislation also outlines the consequences for non-compliance with its provisions. While the Statement of Principles itself does not detail specific offences or penalties, any failure to adhere to the principles outlined within it could lead to the rejection of claims for compensation. This could result in significant legal and financial consequences for claimants who are denied rightful benefits due to non-compliance with the specified factors and conditions for a valid claim. The legislation does not explicitly state maximum penalties but implies that non-compliance could lead to the denial of compensation claims, which could have substantial adverse effects on the claimants. The Statement of Principles also ensures that the determination process is compatible with human rights, promoting the rights of veterans and service personnel. This includes the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The legislation ensures that these rights are exercised without discrimination, aligning with international human rights standards. The compatibility with human rights is confirmed in the Statement of Compatibility with Human Rights, which asserts that the legislation does not derogate from any human rights and promotes several human rights by facilitating the assessment and determination of benefits and compensation.

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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.