Statement of Principles concerning spondylolisthesis and spondylolysis (Balance of Probabilities) (No. 57 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00721 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

SPONDYLOLISTHESIS AND SPONDYLOLYSIS

(BALANCE OF PROBABILITIES) (NO. 57 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning spondylolisthesis and spondylolysis (Balance of Probabilities) (No. 57 of 2025).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 25 of 2017 (Federal Register of Legislation No. F2017L00167) determined under subsection 196B(3) of the VEA concerning spondylolisthesis and spondylolysis.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that spondylolisthesis and spondylolysis and death from spondylolisthesis and spondylolysis 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 spondylolisthesis and spondylolysis (Balance of Probabilities) (No. 57 of 2025). This Instrument will in effect replace the repealed Statement of Principles.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, spondylolisthesis and spondylolysis or death from spondylolisthesis and spondylolysis 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 30 October 2024 concerning spondylolisthesis and spondylolysis 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 'spondylolisthesis and spondylolysis' in subsection 7(2);
  • revising ICD-10-AM codes for 'spondylolisthesis and spondylolysis' in subsection 7(3);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factor in subsection 9(5) concerning having undergone a spinal fusion;
  • revising the factor in subsection 9(6) concerning having undergone spinal surgery;
  • revising the factor in subsection 9(8) concerning having pathological damage to the affected vertebra;
  • revising the factor in subsection 9(10) concerning having a Body Mass Index (BMI) of 30 or greater; and
  • deleting the definitions of 'being obese', 'BMI', 'pathological damage to the affected vertebra', 'spinal fusion' and 'spinal surgery as specified'.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to spondylolisthesis and spondylolysis 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. One submission was received for consideration by the Authority in relation to the investigation.

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 spondylolisthesis and spondylolysis 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. 57 of 2025

Kind of Injury, Disease or Death: Spondylolisthesis and spondylolysis

 

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 spondylolisthesis and spondylolysis;
  • 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, spondylolisthesis and spondylolysis 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. 25 of 2017; and
  • reflects developments in the available sound medical-scientific evidence concerning spondylolisthesis and spondylolysis 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 Spondylolisthesis and Spondylolisthesis (Balance of Probabilities) (No. 57 of 2025) was enacted in 2025 as an instrument under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This Statement of Principles was introduced to address the gap in medical-scientific evidence concerning the connection between spondylolisthesis, spondylolysis, and certain types of military service. The Repatriation Medical Authority, acting under the VEA, determined this Statement of Principles after reviewing the available medical-scientific evidence, which suggests a probable link between these conditions and specific military services. The purpose of this legislation is to facilitate the assessment and determination of claims for compensation and benefits under the VEA and MRCA by outlining the factors that must exist to establish a connection between these conditions and military service. The Statement of Principles was determined by the Repatriation Medical Authority, an entity empowered by the VEA, and it applies to claims under both the VEA and MRCA. It specifies the factors that must be present to establish a connection between spondylolisthesis, spondylolysis, or death from these conditions and particular types of military service. This instrument replaces an earlier Statement of Principles (No. 25 of 2017) and reflects updated medical-scientific evidence. The Authority engaged in public consultation before determining this Statement of Principles, inviting submissions from relevant organisations and experts. Additionally, the instrument is compatible with human rights, promoting the rights of veterans and their dependents to social security, adequate living standards, and healthcare, among others.

Scope and Application

The Statement of Principles concerning spondylolisthesis and spondylolysis (Balance of Probabilities) (No. 57 of 2025) applies to individuals who are veterans or members of the Defence Force and are seeking benefits under the Veterans' Entitlements Act 1986 (VEA) or the Military Rehabilitation and Compensation Act 2004 (MRCA). These Acts govern the entitlement and compensation processes for veterans and Defence Force members. The Statement of Principles outlines the medical and service-related factors that must exist to establish a connection between spondylolisthesis and spondylolysis and particular kinds of service. It applies across the Commonwealth of Australia, replacing the previously repealed Instrument No. 25 of 2017. The new Statement of Principles reflects updated medical-scientific evidence and provides clarity for claimants and the relevant Commissions in assessing eligibility for benefits. The determination of this instrument finalises the investigation into the conditions as advertised in the Government Notices Gazette of 30 October 2024. The instrument is compatible with human rights as it promotes various 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 main operative sections of the Statement of Principles concerning spondylolisthesis and spondylolysis (Balance of Probabilities) (No. 57 of 2025) outline the specific circumstances under which spondylolisthesis and spondylolysis, and death from these conditions, can be considered related to particular kinds of military service. According to section 5, these factors must exist and must be connected to eligible war service, defence service, or peacetime service to determine a connection on the balance of probabilities. The definition of spondylolisthesis and spondylolysis is revised in subsection 7(2), and specific ICD-10-AM codes for these conditions are provided in subsection 7(3). The factors concerning spinal fusion, spinal surgery, pathological damage to the affected vertebra, and Body Mass Index (BMI) have also been revised in subsections 9(5), 9(6), 9(8), and 9(10) respectively. These provisions are designed to ensure clarity and consistency in the assessment of claims related to these conditions. The Act imposes specific obligations and requirements on the parties and entities it governs. Claimants must provide evidence that meets the criteria set out in the Statement of Principles to substantiate their claims for medical treatment and compensation under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are required to assess claims based on the factors outlined in the Statement of Principles. Additionally, the Veterans' Review Board and the Administrative Appeals Tribunal must review decisions made by these Commissions, ensuring that the claims are assessed fairly and in accordance with the legislative requirements. These obligations are aimed at ensuring that the benefits are provided to eligible veterans and service members in a transparent and equitable manner. Breach of the provisions outlined in the Statement of Principles can result in civil and criminal consequences. While the Statement of Principles itself does not specify penalties for non-compliance, the underlying Acts, the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, provide for various penalties for fraudulent claims or misrepresentation of facts. Under section 195 of the Veterans' Entitlements Act 1986, a person who knowingly makes a false statement in a claim for a benefit may be liable to a penalty of up to 50 penalty units (currently AUD 5,300). Additionally, under section 198 of the same Act, a person who is convicted of an offence involving a breach of a provision related to the making of claims may be subject to imprisonment for up to five years. These penalties underscore the seriousness with which the law treats fraudulent claims and misrepresentations in the context of veterans' entitlements and military rehabilitation 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.