Statement of Principles concerning trochanteric bursitis (Reasonable Hypothesis) (No. 92 of 2023)

Administered by Department of Veterans' Affairs

Legislation au F2023L01422 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

TROCHANTERIC BURSITIS

(REASONABLE HYPOTHESIS) (NO. 92 OF 2023)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning trochanteric bursitis (Reasonable Hypothesis) (No. 92 of 2023).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 45 of 2015 (Federal Register of Legislation No. F2015L00010) determined under subsections 196B(2) and (8) of the VEA concerning trochanteric bursitis and gluteal tendinopathy.

3.             The Authority is of the view that there is sound medical-scientific evidence that indicates that trochanteric bursitis and death from trochanteric bursitis 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 trochanteric bursitis (Reasonable Hypothesis) (No. 92 of 2023).  This Instrument will in effect replace the repealed Statement of Principles.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 trochanteric bursitis or death from trochanteric bursitis, 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 10 May 2022 concerning trochanteric bursitis and gluteal tendinopathy 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 definition of 'trochanteric bursitis' in subsection 7(2);
  • revising ICD-10-AM codes for 'trochanteric bursitis' in subsection 7(3);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factors in Section 9 that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting trochanteric bursitis or death from trochanteric bursitis with the circumstances of a veteran's relevant service. The revision is required to reflect advances in sound medical scientific evidence that have occurred since the repealed Statement of Principles was made;
  • new factor in subsection 9(9) concerning being obese;
  • new definitions of 'being obese', 'BMI', 'MRCA', 'systemic inflammatory disease' and 'VEA' in Schedule 1 - Dictionary; and
  • revising the definition of 'trauma to the affected tendon or bursa', in Schedule 1 – Dictionary.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to trochanteric bursitis and gluteal tendinopathy in the Government Notices Gazette of 10 May 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

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 trochanteric bursitis and gluteal tendinopathy as advertised in the Government Notices Gazette of 10 May 2022.

References

11.         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. 92 of 2023

Kind of Injury, Disease or Death: Trochanteric bursitis

 

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 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 trochanteric bursitis;
  • 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 trochanteric bursitis with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 45 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning trochanteric bursitis 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 trochanteric bursitis (Reasonable Hypothesis) (No. 92 of 2023) was enacted to address the problem of establishing a connection between trochanteric bursitis and military service, thereby facilitating the assessment and determination of social security benefits and compensation under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This Statement of Principles was determined by the Repatriation Medical Authority in accordance with the provisions of the Veterans' Entitlements Act 1986. The policy objective of this legislation is to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent, and to facilitate the assessment and determination of social security benefits and compensation in relation to the treatment and rehabilitation of veterans and Defence Force members. This legislative instrument replaces the previous Instrument No. 45 of 2015, reflecting developments in the available sound medical-scientific evidence concerning trochanteric bursitis. The Statement of Principles outlines the factors that must exist before it can be said that a reasonable hypothesis has been raised connecting trochanteric bursitis with the circumstances of eligible service rendered by a person. This includes factors such as operational service, peacekeeping service, hazardous service, British nuclear test defence service, warlike service, and non-warlike service. By specifying these factors, the legislation aims to improve the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, ensuring that the rights of veterans, current and former Defence Force members, and their dependents are protected and facilitated.

Scope and Application

The Statement of Principles concerning trochanteric bursitis (Reasonable Hypothesis) (No. 92 of 2023) applies to veterans, current and former Defence Force members, and others such as their dependents, who may be eligible for benefits under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) due to the condition of trochanteric bursitis. The Statement of Principles is applicable in determining claims under these Acts and outlines the factors that must exist, and which of those factors must be related to specific kinds of service, including operational service, peacekeeping service, hazardous service, British nuclear test defence service, warlike service, and non-warlike service, before it can be said that a reasonable hypothesis has been raised connecting trochanteric bursitis with the circumstances of that service. The Statement of Principles is a national instrument, operating across Australia, and is determined under the VEA for the purposes of the VEA and the MRCA. There are no stated exclusions, exemptions, or thresholds in this instrument, but it does extend or restrict application through subordinate instruments by replacing the previously repealed Instrument No. 45 of 2015 and incorporating the latest revisions in the definition of terms, ICD-10-AM codes, and the factors necessary for establishing a reasonable hypothesis. This Statement of Principles facilitates claimants and the relevant Commissions 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 with trochanteric bursitis. It also promotes the human rights of veterans, current and former Defence Force members, and their dependents by facilitating the assessment and determination of social security benefits, the right to an adequate standard of living, the enjoyment of the highest attainable standard of physical and mental health, and the rights of persons with disabilities. This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights.

Key Provisions

The Statement of Principles concerning trochanteric bursitis (Reasonable Hypothesis) (No. 92 of 2023), established under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), delineates the specific factors that must exist for a reasonable hypothesis to be raised connecting trochanteric bursitis or death from trochanteric bursitis with particular kinds of service rendered by a person (sections 2 and 5). These factors are tied to specific types of military service, including operational, peacekeeping, hazardous, British nuclear test defence service, warlike, and non-warlike service (section 5). The Statement of Principles outlines the circumstances under which medical treatment and compensation can be extended to eligible individuals suffering from trochanteric bursitis, facilitating both the making of claims and the assessment of these claims by relevant authorities (section 2). This document replaces the previously repealed Instrument No. 45 of 2015, reflecting advancements in medical-scientific evidence (section 6). The legislation is designed to ensure that claims are assessed based on the most current sound medical-scientific evidence available. The Statement of Principles imposes several obligations on the parties and entities it governs. Primarily, it requires claimants to provide evidence that the factors outlined in the principles exist and are related to their service (section 5). The Repatriation Commission and the Military Rehabilitation and Compensation Commission are mandated to assess claims based on these principles, ensuring that the assessment process is fair and transparent (section 2). Additionally, the legislation facilitates the review of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal, providing a mechanism for appeal and ensuring that claimants have access to a fair review process (section 2). The Repatriation Medical Authority is responsible for determining the Statement of Principles based on available sound medical-scientific evidence, ensuring that the principles are up-to-date and reflect the latest medical understanding. Breach of the obligations or requirements set out in the Statement of Principles may result in civil or criminal consequences. While the Statement of Principles itself does not specify penalties for non-compliance, breaches of related legislation, such as the VEA and the MRCA, may incur penalties. For instance, providing false information in a claim under the VEA can be considered a criminal offence, potentially leading to fines or imprisonment (section 267, VEA). Similarly, the MRCA outlines penalties for fraudulent claims, which can also include fines or imprisonment (section 135, MRCA). Additionally, the Repatriation Medical Authority may revoke benefits if it is found that a claimant provided false information or failed to meet the criteria outlined in the Statement of Principles. These potential consequences underscore the importance of adhering to the legislative requirements and ensuring that claims are made in accordance with the principles established by the Statement of Principles.

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Area of Law
Veterans' Law
Instrument
Regulation
Concepts
Commencement Provisions
Regulatory Standards
Reporting & Disclosure Obligations
Catchwords
trochanteric bursitis
reasonable hypothesis

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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.