Statement of Principles concerning traumatic brachial plexopathy (Balance of Probabilities) (No. 2 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2024L01695 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Statement of Principles concerning

TRAUMATIC BRACHIAL PLEXOPATHY

(Balance of PROBABILITIES) (NO. 2 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning traumatic brachial plexopathy (Balance of Probabilities) (No. 2 of 2025).

Background

  1.              The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(3) of the Veterans' Entitlements Act 1986 (the VEA), Statement of Principles concerning traumatic brachial plexopathy (Balance of Probabilities) (No. 2 of 2025).
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that traumatic brachial plexopathy and death from traumatic brachial plexopathy can be related to particular kinds of service.  The Authority has therefore determined this Statement of Principles concerning traumatic brachial plexopathy pursuant to subsection 196B(3) of the VEA.

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, traumatic brachial plexopathy or death from traumatic brachial plexopathy 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.              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 traumatic brachial plexopathy or death from traumatic brachial plexopathy 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 120B(3) of the VEA or subsection 339(3) of the MRCA).
  2.              This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 26 August 2024 concerning traumatic brachial plexopathy in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence available to the Authority.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to traumatic brachial plexopathy in the Government Notices Gazette of 26 August 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.  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 new Instrument finalises the investigation in relation to traumatic brachial plexopathy as advertised in the Government Notices Gazette of 26 August 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. 2 of 2025

Kind of Injury, Disease or Death: Traumatic brachial plexopathy

 

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 traumatic brachial plexopathy;
  • 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 exist before it can be said that, on the balance of probabilities, traumatic brachial plexopathy is connected with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement.

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 Traumatic Brachial Plexopathy (Balance of Probabilities) (No. 2 of 2025), enacted under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the need to clarify the circumstances under which traumatic brachial plexopathy can be considered connected to specific types of service. This legislation was determined by the Repatriation Medical Authority, which found, based on the available sound medical-scientific evidence, that traumatic brachial plexopathy and death from this condition can be related to particular kinds of service. The primary objective of this legislation is to provide clarity and guidance to claimants and relevant authorities in assessing and determining claims for compensation and benefits, ensuring that the qualifying conditions are reasonable, proportionate, and transparent. By setting out the factors that must exist for a connection to be established, the Statement of Principles facilitates the process of assessing claims and ensures that the human rights of veterans, service personnel, and their dependents are protected and promoted.

Scope and Application

The Statement of Principles concerning traumatic brachial plexopathy (Balance of Probabilities) (No. 2 of 2025) applies to individuals who have sustained traumatic brachial plexopathy or have died from this condition, specifically in relation to their eligibility for claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislation applies to various categories of service, including eligible war service (other than operational service), defence service (other than hazardous service and British nuclear test defence service), and peacetime service. The scope of the Act ensures that claims lodged on or after 1 June 1994 under the VEA and 1 July 2004 under the MRCA can only be upheld if the Statement of Principles supports the connection between the service rendered and the traumatic brachial plexopathy. The application of these principles is subject to the availability of sound medical-scientific evidence. Furthermore, this Act does not derogate from 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. The geographic and jurisdictional reach of this Act is confined to the Commonwealth, as it is determined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, both of which are federal statutes. The application of this Statement of Principles is pivotal for claimants and the relevant Commissions, Boards, and Tribunals in determining the eligibility of benefits and compensation. There are no stated exclusions or exemptions in the legislation itself, although the determination of claims is contingent upon the fulfilment of the factors outlined in the Statement of Principles. Any further clarification or extension of the application of this Act may be provided through subordinate instruments, which would need to be consistent with the overarching legislative intent and human rights compatibility.

Key Provisions

The Statement of Principles concerning traumatic brachial plexopathy (Balance of Probabilities) (No. 2 of 2025) primarily serves to detail the specific factors that must exist, and which of those factors must be related to particular kinds of service, in order to determine a connection between traumatic brachial plexopathy or death from traumatic brachial plexopathy and service (sections 1 and 5). This determination is made under subsection 196B(3) of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). These kinds of service include eligible war service (other than operational service), defence service (other than hazardous service and British nuclear test defence service), and peacetime service. The document specifies that claims for pension or compensation related to traumatic brachial plexopathy or death from traumatic brachial plexopathy cannot be accepted unless the Statement of Principles upholds the claim (subsections 120B(3) of the VEA and 339(3) of the MRCA). The obligations imposed by this Statement of Principles are significant for both claimants and the authorities involved in the assessment of claims. Claimants must demonstrate that the traumatic brachial plexopathy or death from it is connected with their service, based on the factors outlined in the Statement of Principles. The authorities, including the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, and Administrative Appeals Tribunal, must adhere to the criteria set forth in the Statement of Principles when assessing claims (subsections 120B(3) of the VEA and 339(3) of the MRCA). This ensures that claims are evaluated consistently and based on sound medical-scientific evidence. The Statement of Principles also outlines the consequences for breaches of its provisions. While the document does not explicitly detail specific offences or penalties, it is implied that failure to meet the criteria for a claim as outlined in the Statement of Principles would result in the rejection of the claim. This is in line with the statutory requirements of the VEA and MRCA, which mandate that claims must be upheld by the Statement of Principles to be considered valid. Given the nature of the legislative framework, non-compliance could lead to significant legal and financial repercussions for claimants, including the denial of benefits and compensation that they might otherwise be entitled to under the Acts.

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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.