Statement of Principles concerning retrocalcaneal heel bursitis (Balance of Probabilities) (No. 89 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L01341 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

RETROCALCANEAL HEEL BURSITIS

(BALANCE OF PROBABILITIES) (NO. 89 OF 2024)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning retrocalcaneal heel bursitis (Balance of Probabilities) (No. 89 of 2024).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 97 of 2015 (Federal Register of Legislation No. F2015L01337) determined under subsection 196B(3) of the VEA concerning Achilles tendinopathy and bursitis.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that retrocalcaneal heel bursitis and death from retrocalcaneal heel bursitis 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 retrocalcaneal heel bursitis (Balance of Probabilities) (No. 89 of 2024).  This Instrument will in effect replace the repealed Statement of Principles.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 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, retrocalcaneal heel bursitis or death from retrocalcaneal heel bursitis 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.

  1.              This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 1 November 2022 concerning Achilles tendinopathy and bursitis 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 'retrocalcaneal heel bursitis' in subsection 7(2);
  • revising the factor in subsection 9(2) concerning undertaking weight bearing exercise;
  • revising the factor in subsection 9(3) concerning having one of the following systemic arthritic diseases;
  • new factor in subsection 9(4) concerning having a bacterial infection;
  • deleting factor concerning increasing the frequency, duration or intensity of activity involving the ankle joint;
  • deleting factor concerning having a significant biomechanical abnormality;
  • deleting factor concerning being treated with a glucocorticoid drug as specified;
  • deleting factor concerning having a glucocorticoid injection;
  • deleting factor concerning being treated with an aromatase inhibitor;
  • deleting factor concerning being obese;
  • deleting factor concerning having diabetes mellitus; and
  • deleting the definitions of 'being obese', 'crystal-induced arthropathy', 'glucocorticoid drugs as specified', 'MET', 'significant biomechanical abnormality' and 'specified list of systemic arthritic diseases'.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to Achilles tendinopathy and bursitis in the Government Notices Gazette of 1 November 2022, 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.              On 2 August 2024, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed Instrument and the medical-scientific material considered by the Authority.  This letter emphasised the deletion of factors relating to:
  • 9(3) & 9(13) factors concerning increasing the frequency, duration or intensity of activity involving the ankle joint;
  • 9(5) & 9(15) factors concerning having a significant biomechanical abnormality;
  • 9(7) & 9(17) factors concerning being treated with a glucocorticoid drug as specified;
  • 9(18) factor concerning having a glucocorticoid injection;
  • 9(19) factor concerning being obese;
  • 9(20)  factor concerning having diabetes mellitus;
  • 9(21) factor concerning being treated with an aromatase inhibitor;

The Authority provided an opportunity to the organisations to make representations in relation to the proposed Instrument prior to its determination.  No submissions were received for consideration by the Authority.  No changes were made to the proposed Instrument following this consultation process.

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 Achilles tendinopathy and bursitis as advertised in the Government Notices Gazette of 1 November 2022.

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. 89 of 2024

Kind of Injury, Disease or Death: Retrocalcaneal heel bursitis

 

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 retrocalcaneal heel bursitis;
  • 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, retrocalcaneal heel bursitis 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. 97 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning retrocalcaneal heel bursitis 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 retrocalcaneal heel bursitis (Balance of Probabilities) (No. 89 of 2024) was enacted in 2024 by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation was introduced to address the need for updated medical-scientific evidence regarding the relationship between retrocalcaneal heel bursitis and service rendered by veterans and Defence Force members. The Authority determined this Statement of Principles following an investigation into Achilles tendinopathy and bursitis, which was notified in the Government Notices Gazette on 1 November 2022. The primary objective of the legislation is to facilitate claims and assessments under the VEA and MRCA by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have retrocalcaneal heel bursitis. This Statement of Principles replaces the earlier Instrument No. 97 of 2015, reflecting the latest developments in sound medical-scientific evidence concerning retrocalcaneal heel bursitis. The Statement of Principles outlines the factors that must exist for it to be said, on the balance of probabilities, that retrocalcaneal heel bursitis is connected with the circumstances of eligible service. It identifies specific factors related to the kinds of service that may be considered in the assessment of claims, including eligible war service, defence service, and peacetime service. The legislation also ensures that it is compatible with human rights by promoting the rights of veterans, current and former Defence Force members, and their dependents, 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 retrocalcaneal heel bursitis (Balance of Probabilities) (No. 89 of 2024) applies to individuals who are eligible under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This includes those who have rendered eligible war service, defence service, or peacetime service. The Act is applicable across Australia and is intended to guide the assessment of claims for compensation related to retrocalcaneal heel bursitis. This instrument replaces the previously repealed Instrument No. 97 of 2015 and incorporates revised factors based on current medical-scientific evidence. It does not specify any exclusions or exemptions but does detail the circumstances under which the condition can be related to service, thereby facilitating the claims process and ensuring that compensation is awarded based on sound evidence. The Repatriation Medical Authority, which determines such instruments under the VEA, has ensured that this instrument is compatible with human rights, as detailed in the Statement of Compatibility with Human Rights.

Key Provisions

The Statement of Principles concerning retrocalcaneal heel bursitis (Balance of Probabilities) (No. 89 of 2024) provides essential guidance for the determination of claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative instrument, determined by the Repatriation Medical Authority under subsection 196B(3) of the VEA, specifies the factors that must exist for retrocalcaneal heel bursitis or death from this condition to be connected to eligible service rendered by a person. Specifically, section 5 of the instrument details the circumstances under which the condition is deemed connected to service, such as during eligible war service, defence service, or peacetime service, based on the available sound medical-scientific evidence. This requirement ensures that claimants and the relevant authorities can accurately assess and process claims for medical treatment and compensation. The obligations imposed by the Statement of Principles include the need for claimants to demonstrate the presence of specific factors that are related to their service, as outlined in the instrument. For instance, claimants must show that they have retrocalcaneal heel bursitis and that this condition is connected to their service, as determined by the existence of certain factors detailed in the Statement. Additionally, the Repatriation Commission and the Military Rehabilitation and Compensation Commission must use this instrument to assess the validity of claims, ensuring that decisions are made based on the specified criteria. This process is further supported by the Veterans' Review Board and the Administrative Appeals Tribunal, which have the authority to review decisions made under this instrument. Failure to comply with the requirements of the Statement of Principles may result in civil or administrative consequences. While the instrument itself does not explicitly outline penalties for non-compliance, incorrect claims or assessments could lead to legal challenges or reviews by the relevant tribunals. The Statement of Principles is designed to be compatible with human rights, as it does not derogate from any rights and promotes the rights of veterans, current and former Defence Force members, and their dependents. However, any procedural errors or improper assessments could potentially lead to the denial of legitimate claims, thereby impacting the claimants' rights to social security and adequate living standards. In summary, the Statement of Principles concerning retrocalcaneal heel bursitis (Balance of Probabilities) (No. 89 of 2024) serves to clarify the conditions under which retrocalcaneal heel bursitis is connected to service, thereby facilitating the processing of claims for medical treatment and compensation. It imposes clear obligations on claimants and relevant authorities to ensure that claims are assessed based on sound medical-scientific evidence. Although the instrument does not specify penalties for non-compliance, any procedural errors could lead to civil or administrative consequences, impacting the claimants' rights.

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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.