Statement of Principles concerning sprain and strain (Reasonable Hypothesis) (No. 27 of 2020)

Administered by Department of Veterans' Affairs

Legislation au F2020L00482 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

SPRAIN AND STRAIN

(REASONABLE HYPOTHESIS) (NO. 27 OF 2020)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning sprain and strain (Reasonable Hypothesis) (No. 27 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. 94 of 2011 (Federal Register of Legislation No. F2011L01726) determined under subsection 196B(2) of the VEA concerning sprain and strain.

3.             The Authority is of the view that there is sound medical-scientific evidence that indicates that sprain or strain and death from sprain or strain can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles concerning sprain and strain (Reasonable Hypothesis) (No. 27 of 2020).  This Instrument will in effect replace the repealed Statement of Principles.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 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 sprain or strain or death from sprain or strain, 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 6 November 2018 concerning sprain and strain 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 definitions of 'sprain' and 'strain' in subsection 7(2);
  • revising the factors in subsections 9(1) & 9(3) concerning experiencing a significant physical force, by the inclusion of a note;
  • revising the factors in subsections 9(2) & 9(4) concerning forceful stretching or high intensity use of a muscle or tendon, by the inclusion of a note;
  • new definitions of 'MRCA' and 'VEA' in Schedule 1 - Dictionary; and
  • revising the definition of 'relevant service' in Schedule 1 - Dictionary.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to sprain and strain in the Government Notices Gazette of 6 November 2018, 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 sprain and strain as advertised in the Government Notices Gazette of 6 November 2018.

References

11.         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. 27 of 2020

Kind of Injury, Disease or Death: Sprain and strain

 

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(2) 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 sprain or strain;
  • 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting sprain or strain with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 94 of 2011; and
  • reflects developments in the available sound medical-scientific evidence concerning sprain and strain 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, 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 sprain and strain (Reasonable Hypothesis) (No. 27 of 2020) was enacted to address the need for a contemporary understanding of the medical-scientific evidence linking sprain or strain injuries and death from such injuries to particular kinds of military service. The Repatriation Medical Authority, exercising its powers under the Veterans' Entitlements Act 1986, determined this Statement of Principles to replace the outdated Instrument No. 94 of 2011, thereby ensuring that claims under the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act 2004 are assessed in light of the latest available evidence. This legislative instrument facilitates both the submission and evaluation of claims by outlining the minimum factors required to establish a reasonable hypothesis connecting sprain or strain with relevant military service. It also ensures that the instrument is compatible with human rights, promoting the rights of veterans, current and former Defence Force members, and their dependents by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thus facilitating access to social security and healthcare.

Scope and Application

The Statement of Principles concerning sprain and strain (Reasonable Hypothesis) (No. 27 of 2020) applies to individuals who have rendered service under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, specifically relating to operational, peacekeeping, hazardous, British nuclear test defence, warlike, and non-warlike services. This instrument outlines the factors that must exist to establish a reasonable hypothesis connecting sprain or strain, or death from sprain or strain, with the service rendered by a person. It replaces the previously repealed Statement of Principles No. 94 of 2011, incorporating the latest medical-scientific evidence and revised definitions to better align with the current understanding of these conditions. The instrument is intended to facilitate the assessment of claims and the provision of compensation and medical treatment to eligible persons, ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. The scope of this instrument is national, affecting claimants across Australia, and it is compatible with human rights, promoting the rights of veterans, service members, and their dependents.

Key Provisions

The main operative sections of the Statement of Principles concerning sprain and strain (Reasonable Hypothesis) (No. 27 of 2020) provide the criteria that must exist to establish a connection between a person's service and the occurrence of a sprain or strain (section 4). This Statement of Principles (section 5) sets out the minimum factors that need to be related to specific types of service, including operational, peacekeeping, hazardous, British nuclear test defence, warlike, and non-warlike service, to raise a reasonable hypothesis that the service caused the sprain or strain or death from it. These provisions are designed to streamline the process of assessing claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) by providing clear guidelines on the medical and service-related factors that must be considered. The Act imposes several obligations on the parties involved. Claimants must provide evidence that aligns with the criteria set out in the Statement of Principles to substantiate their claims for compensation or medical treatment. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are required to assess these claims based on the factors outlined in the Statement of Principles. The Veterans' Review Board and the Administrative Appeals Tribunal must also consider these factors when reviewing decisions made by the respective Commissions. Additionally, the Repatriation Medical Authority is mandated to periodically review and update these principles based on the latest sound medical-scientific evidence. Breaching the requirements set out in the Statement of Principles can have significant legal consequences. While the explanatory statement does not detail specific offences or penalties for non-compliance, it is implied that any failure to adhere to the outlined criteria could lead to the rejection of a claim or an appeal against a decision. The penalties for such breaches, if any, would likely be determined by the respective Acts governing the claims process (VEA and MRCA). Typically, under these Acts, failure to provide accurate and relevant information could result in fines or other civil penalties, and in more serious cases, criminal charges could be considered. The maximum penalties would depend on the nature and severity of the breach, as outlined in the VEA and MRCA.

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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.