Statement of Principles concerning subcutaneous lipoma (Balance of Probabilities) (No. 83 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L01334 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

SUBCUTANEOUS LIPOMA

(BALANCE OF PROBABILITIES) (NO. 83 OF 2024)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning subcutaneous lipoma (Balance of Probabilities) (No. 83 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. 101 of 2015 (Federal Register of Legislation No. F2015L01316) determined under subsections 196B(3) and (8) of the VEA concerning lipoma.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that subcutaneous lipoma and death from subcutaneous lipoma 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 subcutaneous lipoma (Balance of Probabilities) (No. 83 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  This Instrument will in effect replace the repealed Statement of Principles.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, subcutaneous lipoma or death from subcutaneous lipoma 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 lipoma 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 'subcutaneous lipoma' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factor in subsection 9(1) concerning alcohol use disorder; and
  • deleting the definition of 'benign symmetrical lipomatosis'.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to lipoma 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.

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 lipoma 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. 83 of 2024

Kind of Injury, Disease or Death: Subcutaneous lipoma

 

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 subcutaneous lipoma;
  • 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, subcutaneous lipoma 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. 101 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning subcutaneous lipoma 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 subcutaneous lipoma (Balance of Probabilities) (No. 83 of 2024) was enacted to address the problem of establishing a connection between subcutaneous lipoma and military service under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument was determined by the Repatriation Medical Authority under the authority provided by the Veterans' Entitlements Act 1986. The policy objective is to facilitate the assessment and determination of claims for benefits and compensation for veterans and current or former Defence Force members who have been diagnosed with subcutaneous lipoma, ensuring that the process is based on the most recent and reliable medical-scientific evidence. This instrument replaces the previous Statement of Principles concerning lipoma, updating the criteria to reflect current medical understanding and ensuring that claimants and the relevant authorities have clear guidelines for assessing eligibility for benefits related to this condition. The Statement of Principles sets out the specific circumstances and factors that must be present to establish a connection between subcutaneous lipoma and particular kinds of service rendered by a person, including eligible war service, defence service, and peacetime service. This legislative instrument ensures that claims are assessed fairly and consistently, promoting the human rights of veterans and Defence Force members by providing a transparent and reasonable process for determining eligibility for benefits. This approach ensures that those affected by subcutaneous lipoma receive the support they need, in line with international human rights standards.

Scope and Application

The Statement of Principles concerning subcutaneous lipoma (Balance of Probabilities) (No. 83 of 2024) applies to claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, setting out the medical and scientific criteria necessary to establish a connection between subcutaneous lipoma and particular kinds of service. It is applicable to individuals who have served in eligible war service, defence service, or peacetime service, and seeks to facilitate the assessment and determination of compensation and benefits for these veterans and service personnel. The Statement of Principles outlines the factors that must exist for a claim to be considered valid, ensuring that the assessment process is based on sound medical-scientific evidence. The determination of this instrument has a Commonwealth jurisdictional reach, as it is established under the authority of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It replaces the previous Instrument No. 101 of 2015, incorporating updates based on the most recent medical-scientific evidence. The application of this Statement of Principles is not restricted by any stated exclusions or thresholds, but rather is guided by the specific criteria detailed within the instrument. The application of the instrument may also be extended or restricted through subordinate instruments, which are not explicitly mentioned in the provided text.

Key Provisions

The Statement of Principles concerning subcutaneous lipoma (Balance of Probabilities) (No. 83 of 2024), as determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans' Entitlements Act 1986 (VEA), outlines the circumstances under which subcutaneous lipoma or death from such a condition may be considered connected to specific kinds of service. This Statement of Principles applies to claims under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The primary purpose is to establish the factors that must be present and related to the service in question, including eligible war service (other than operational service), defence service (excluding hazardous service and British nuclear test defence service), and peacetime service. The determination is based on the balance of probabilities, indicating that it is more likely than not that the condition is service-related. The Statement of Principles imposes specific obligations on claimants, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission. Claimants must provide evidence that meets the outlined factors, which are related to their service. The Commissions are responsible for assessing these claims based on the sound medical-scientific evidence and the criteria set out in the Statement. The Veterans' Review Board and the Administrative Appeals Tribunal also have roles in reviewing decisions made under these Acts. Breaches of the requirements set out in the Statement of Principles do not directly result in specific offences, penalties, or civil/criminal consequences. However, failure to comply with the provisions could lead to the denial of claims, which would result in the claimant not receiving the medical treatment and compensation to which they might otherwise be entitled. The Statement of Principles itself is a technical instrument designed to ensure that outcomes under the VEA and the MRCA are based on the best available medical-scientific evidence, thereby promoting transparency and fairness in the claims process. The compatibility with human rights is an important aspect of this Statement of Principles. It ensures that the rights of veterans, current and former Defence Force members, and their dependents are upheld. These include the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The Statement of Principles is designed to facilitate the assessment and determination of benefits without discrimination, thereby promoting the rights of all eligible individuals. This compatibility demonstrates a commitment to ensuring that the human rights of those affected are not compromised while fulfilling the legislative intent.

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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.