Statement of Principles concerning umbilical hernia, peri-umbilical hernia and para-umbilical hernia (Balance of Probabilities) (No. 92 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L01294 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

UMBILICAL HERNIA, PERI-UMBILICAL HERNIA AND PARA-UMBILICAL HERNIA

(BALANCE OF PROBABILITIES) (NO. 92 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning umbilical hernia, peri-umbilical hernia and para-umbilical hernia (Balance of Probabilities) (No. 92 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. 94 of 2016 (Federal Register of Legislation No. F2016L01676) determined under subsection 196B(3) of the VEA concerning umbilical hernia.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that umbilical hernia, peri-umbilical hernia and para-umbilical hernia and death from umbilical hernia, peri-umbilical hernia and para-umbilical hernia 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 umbilical hernia, peri-umbilical hernia and para-umbilical hernia (Balance of Probabilities) (No. 92 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  This Instrument will in effect replace the repealed Statement of Principles.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, umbilical hernia, peri-umbilical hernia and para-umbilical hernia or death from umbilical hernia, peri-umbilical hernia and para-umbilical hernia 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 umbilical hernia 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 'umbilical hernia, peri-umbilical hernia and para-umbilical hernia' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factor in subsection 9(1) concerning having a Body Mass Index (BMI) of 30 or greater;
  • new factor in subsection 9(2) concerning having chronic (intermittent or continuous) elevation of pressure;
  • revising the factor in subsection 9(3) concerning having acute or chronic (intermittent or continuous) elevation of pressure;
  • factor concerning having ascites, chronic ambulatory or automated peritoneal dialysis, extensive intra-abdominal neoplastic disease or mass, or being pregnant has been subsumed into factors 9(2) and 9(3) concerning elevation of pressure; and
  • deleting the definitions of 'being obese', 'BMI' and 'increased intra-abdominal pressure'.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to umbilical hernia 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.  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 umbilical hernia 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. 92 of 2025

Kind of Injury, Disease or Death: umbilical hernia, peri-umbilical hernia and para-umbilical hernia

 

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 umbilical hernia, peri-umbilical hernia and para-umbilical hernia;
  • 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, umbilical hernia, peri-umbilical hernia and para-umbilical hernia 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. 94 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning umbilical hernia, peri-umbilical hernia and para-umbilical hernia 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 umbilical hernia, peri-umbilical hernia and para-umbilical hernia (Balance of Probabilities) (No. 92 of 2025) is an instrument determined under subsection 196B(3) of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation was introduced to address the need for updated medical evidence regarding the relationship between umbilical, peri-umbilical, and para-umbilical hernias and military service. The Repatriation Medical Authority (the Authority) was tasked with assessing the available sound medical-scientific evidence and determining the Statement of Principles to facilitate claims and compensation for eligible veterans and service members. The Authority determined this instrument to replace the previous Instrument No. 94 of 2016, reflecting the latest medical evidence and updating the factors required to establish a connection between the specified hernias and service conditions. The purpose of this Statement of Principles is to outline the factors that must be present for umbilical hernia, peri-umbilical hernia, and para-umbilical hernia, or death from these conditions, to be considered connected to eligible service under the VEA and MRCA. This includes specifying the kinds of service and the medical factors necessary to establish a connection. The determination process involved an investigation, and no submissions were received during this period. The instrument is compatible with human rights as it promotes the rights of veterans and service members, ensuring that claims are assessed fairly and transparently without discrimination.

Scope and Application

The Statement of Principles concerning umbilical hernia, peri-umbilical hernia and para-umbilical hernia (Balance of Probabilities) (No. 92 of 2025) is determined under the Veterans' Entitlements Act 1986 (VEA) and applies to claims for benefits and compensation under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation pertains to veterans and current or former Defence Force members who have served in eligible war service, defence service, or peacetime service, and who may have developed umbilical, peri-umbilical, or para-umbilical hernias as a result of their service. The principles set forth in the Instrument are designed to assist in the assessment of claims by specifying the circumstances under which such hernias can be considered connected to service. The Instrument replaces the previously repealed Instrument No. 94 of 2016, reflecting updated medical-scientific evidence and aims to ensure that claims are assessed based on the most current and reliable information available. The Instrument is considered compatible with human rights, promoting the rights of veterans and Defence Force members to social security, adequate living standards, and access to healthcare without discrimination.

Key Provisions

The Statement of Principles concerning umbilical hernia, peri-umbilical hernia and para-umbilical hernia (Balance of Probabilities) (No. 92 of 2025), issued under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), sets out the conditions that must be met for a connection between umbilical hernia, peri-umbilical hernia, para-umbilical hernia, or death from these conditions, and particular kinds of service to be recognised. Specifically, Section 7 of the Statement outlines the factors that must exist and be related to eligible war service, defence service, or peacetime service before a connection can be acknowledged on the balance of probabilities. The key factors include the presence of umbilical hernia, peri-umbilical hernia, or para-umbilical hernia, and their link to the service circumstances. The Statement also specifies that the condition must have been diagnosed and recorded during the service or within a certain period post-service, aligning with the medical evidence provided. The Statement imposes obligations on claimants and the authorities assessing claims. Claimants must provide sufficient medical evidence and documentation linking their condition to their service. The Repatriation Commission and Military Rehabilitation and Compensation Commission are required to assess claims based on the outlined factors and medical evidence. The Veterans' Review Board and Administrative Appeals Tribunal are tasked with reviewing decisions made under this Statement, ensuring that the assessments are fair and based on the latest medical-scientific evidence. Violations of the provisions outlined in the Statement could result in civil or administrative penalties. For example, providing false or misleading information in a claim could lead to penalties under the VEA or MRCA. The maximum penalties for such offences can include fines and potential disqualification from receiving benefits. Additionally, there may be implications for the credibility and admissibility of evidence in legal proceedings if the Statement's requirements are not followed. The precise penalties would depend on the nature and severity of the breach, as well as the specific provisions of the VEA and MRCA that are contravened.

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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.