Statement of Principles concerning seborrhoeic keratosis (Balance of Probabilities) (No. 20 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L00216 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

SEBORRHOEIC KERATOSIS

(BALANCE OF PROBABILITIES) (NO. 20 OF 2024)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning seborrhoeic keratosis (Balance of Probabilities) (No. 20 of 2024).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 56 of 2015 (Federal Register of Legislation No. F2015L00251) determined under subsection 196B(3) of the VEA concerning seborrhoeic keratosis.

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that seborrhoeic keratosis and death from seborrhoeic keratosis 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 seborrhoeic keratosis (Balance of Probabilities) (No. 20 of 2024).  This Instrument will in effect replace the repealed Statement of Principles.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, seborrhoeic keratosis or death from seborrhoeic keratosis 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 10 May 2022 concerning seborrhoeic keratosis 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 'seborrhoeic keratosis' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4); and
  • new definitions of 'MRCA' and 'VEA' in Schedule 1 – Dictionary.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to seborrhoeic keratosis in the Government Notices Gazette of 10 May 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.

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 seborrhoeic keratosis as advertised in the Government Notices Gazette of 10 May 2022.

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. 20 of 2024

Kind of Injury, Disease or Death: Seborrhoeic keratosis

 

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 seborrhoeic keratosis;
  • 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, seborrhoeic keratosis 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. 56 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning seborrhoeic keratosis 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 seborrhoeic keratosis (Balance of Probabilities) (No. 20 of 2024) was enacted to address the need for a comprehensive and updated framework for assessing the connection between seborrhoeic keratosis and service under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation was introduced by the Repatriation Medical Authority under the authority conferred by the VEA to determine such statements of principles. The primary objective of this instrument is to provide clarity and guidance on the factors necessary to establish a link between seborrhoeic keratosis and particular types of service, facilitating both the submission and assessment of claims by veterans and service personnel. This legislation replaces an earlier instrument, reflecting advancements in medical-scientific evidence and ensuring that the assessment process remains current and effective. It is designed to uphold and promote various human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, while ensuring that these rights are exercised without discrimination.

Scope and Application

The Statement of Principles concerning seborrhoeic keratosis (Balance of Probabilities) (No. 20 of 2024) applies to veterans and current or former Defence Force members who may be seeking medical treatment and compensation under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument outlines the medical and service-related criteria that must be met for a claimant to be deemed likely to have developed seborrhoeic keratosis due to their service, thereby qualifying them for benefits and compensation. It is designed to assist the Repatriation Commission and the Military Rehabilitation and Compensation Commission in assessing claims and facilitates the review process by the Veterans' Review Board and the Administrative Appeals Tribunal. The instrument replaces the previously repealed Instrument No. 56 of 2015, reflecting updated medical-scientific evidence. This instrument does not apply to any other individuals or entities outside the scope of the VEA and MRCA and is confined to the Commonwealth jurisdiction. The instrument explicitly excludes any claims not related to the specified types of service or conditions. However, it can be extended through subordinate instruments if additional medical-scientific evidence warrants further revision. The Statement of Principles does not derogate from any human rights and 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. It promotes various human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, without discrimination.

Key Provisions

The Statement of Principles concerning seborrhoeic keratosis (Balance of Probabilities) (No. 20 of 2024) outlines the circumstances under which seborrhoeic keratosis, a type of skin growth, can be connected to particular kinds of service rendered by a person, primarily under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). According to section 5 of the Explanatory Statement, these factors must exist and be related to the relevant service to conclude, on the balance of probabilities, that seborrhoeic keratosis or death from it is connected with the service circumstances. This determination is crucial for claims related to medical treatment and compensation under these Acts (section 4). The obligations imposed by this Act primarily concern the Repatriation Medical Authority (the Authority), which must determine the connection between seborrhoeic keratosis and service based on sound medical-scientific evidence. The Authority's role includes examining the evidence available and setting out the specific factors needed to establish a link (section 6). The Act also requires the Authority to facilitate the assessment and determination of claims by specifying the qualifying conditions for benefits, ensuring they are reasonable, proportionate, and transparent (section 2). Claimants must provide evidence that meets these specified factors to support their claims under the VEA and MRCA. There are no specific offences or penalties outlined in the Statement of Principles itself. However, breaches of related legislative requirements or fraudulent claims could result in penalties under the VEA or MRCA. For instance, making a false statement or providing false evidence to support a claim can lead to civil or criminal penalties, including fines and imprisonment, depending on the severity and intent of the breach. The exact penalties are not detailed in the Statement of Principles but are covered under the respective Acts. The Statement of Principles ensures that the legislative instrument is compatible with human rights and freedoms recognised in international instruments, such as the right to social security and the right to an adequate standard of living (section 9). It promotes these rights by facilitating the assessment and determination of benefits and compensation, ensuring that these rights are exercised without discrimination (section 4). This compatibility is further emphasised in the Statement of Compatibility with Human Rights, which confirms that the instrument does not derogate from any human rights and promotes several, including the right to health and the right to non-discrimination.

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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.