Statement of Principles concerning sick sinus syndrome No. 15 of 2014

Administered by Department of Veterans' Affairs

Legislation au F2014L00020 Not in force Legislative Instrument

Legislation content

REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 15 of 2014

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 15 of 2014 concerning sick sinus syndrome and death from sick sinus syndrome.

 

2.             The Authority is of the view that there is sound medical-scientific evidence that indicates that sick sinus syndrome and death from sick sinus syndrome can be related to particular kinds of service.  The Authority has therefore determined this Statement of Principles concerning sick sinus syndrome pursuant to subsection 196B(2) of the VEA.

 

3.             Pursuant to the provisions of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA), claims for pension under the VEA or compensation under the MRCA are determined by the Repatriation Commission or the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.

 

4.             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 sick sinus syndrome or death from sick sinus syndrome, with the circumstances of that service.

 

5.             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 sick sinus syndrome or death from sick sinus syndrome 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 120A(3) of the VEA or subsection 338(3) of the MRCA).

 

6.             This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 29 February 2012 concerning sick sinus syndrome in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence available to the Authority.

 

7.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to sick sinus syndrome in the Government Notices Gazette of 29 February 2012, 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, 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 during the investigation.

 

8.             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.

 

9.             The determining of this new Instrument finalises the investigation in relation to sick sinus syndrome as advertised in the Government Notices Gazette of 29 February 2012.

 

10.         A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA.  Any such request must be made in writing to the Repatriation Medical Authority at the following address:

 

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. 15 of 2014

Kind of Injury, Disease or Death: Sick sinus 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(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).

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 sick sinus syndrome;
  • 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting sick sinus syndrome with the circumstances of eligible service rendered by a person, as set out in clause 4 of the Explanatory Notes.

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; and
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD).

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 Repatriation Medical Authority Instrument No. 15 of 2014 was enacted to address the need for a clear and evidence-based framework concerning sick sinus syndrome and its connection to military service, as part of the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative instrument was introduced to provide definitive guidelines for determining claims related to sick sinus syndrome, ensuring that only those with a reasonable hypothesis connecting their condition to their service are eligible for compensation or pensions. The policy objective is to facilitate the assessment and determination of social security benefits for veterans and Defence Force members, while promoting their human rights, including the right to social security and an adequate standard of living. The instrument specifies the minimum factors required to establish a link between sick sinus syndrome and service, thus streamlining the claims process and ensuring that decisions are based on sound medical-scientific evidence. This legislative instrument was developed following an investigation into sick sinus syndrome and is compatible with the human rights and freedoms recognised in international instruments.

Scope and Application

The Repatriation Medical Authority Instrument No. 15 of 2014 pertains to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishing a Statement of Principles concerning sick sinus syndrome in relation to service rendered by a person. This instrument applies to veterans, current and former Defence Force members, and their dependents who may have contracted sick sinus syndrome as a result of their service. The instrument sets out the minimum factors that must be present to establish a reasonable hypothesis linking sick sinus syndrome or death from sick sinus syndrome to the service rendered, including operational, peacekeeping, hazardous, British nuclear test defence service under the VEA, and warlike or non-warlike service under the MRCA. This Statement of Principles governs the acceptance and assessment of claims for pension under the VEA or compensation under the MRCA, with any claims lodged on or after 1 June 1994 for the VEA and 1 July 2004 for the MRCA required to uphold the criteria set by this instrument. The instrument ensures that the determination of claims adheres to sound medical-scientific evidence and promotes human rights, including the right to social security and the right to the enjoyment of the highest attainable standard of physical and mental health. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board or Administrative Appeals Tribunal cannot accept claims that do not align with this instrument.

Key Provisions

The Repatriation Medical Authority Instrument No. 15 of 2014 sets out a Statement of Principles concerning sick sinus syndrome, which is relevant for claims under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This Statement of Principles (section 4) outlines the factors that must exist to connect sick sinus syndrome with particular kinds of service rendered by a person, such as operational, peacekeeping, hazardous, British nuclear test defence service, warlike, or non-warlike service. It serves as a foundational document for assessing claims related to sick sinus syndrome. Claims for pension or compensation concerning sick sinus syndrome or death from sick sinus syndrome cannot be accepted unless they are supported by this Statement of Principles (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA). This requirement applies to claims lodged on or after 1 June 1994 under the VEA and 1 July 2004 under the MRCA. The Act imposes several obligations on the parties involved. The Repatriation Medical Authority is tasked with determining the Statements of Principles based on sound medical-scientific evidence. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal must refer to these Statements when assessing claims. Claimants are required to provide evidence that meets the criteria outlined in the Statement of Principles. The Authority must also advertise its intention to investigate and invite submissions from relevant organisations and individuals, although no submissions were received for this particular investigation. There are significant consequences for non-compliance with this legislation. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal cannot accept claims that do not align with the criteria set out in the Statement of Principles (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA). This means that any claim for pension or compensation concerning sick sinus syndrome or death from sick sinus syndrome, not supported by this Statement of Principles, will be rejected. Failure to adhere to these provisions may result in the denial of benefits to eligible claimants, and there are no specific penalties outlined for non-compliance in the document. However, the implications for claimants can be severe, as their eligibility for benefits may hinge on meeting the precise criteria established by the Statement of Principles.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licensing & Registration
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.