Statement of Principles concerning vaccine-induced thrombotic thrombocytopaenia (Reasonable Hypothesis) (No. 33 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L00268 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

VACCINE-INDUCED THROMBOTIC THROMBOCYTOPAENIA

(REASONABLE HYPOTHESIS) (NO. 33 OF 2022)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning vaccine-induced thrombotic thrombocytopaenia (Reasonable Hypothesis) (No. 33 of 2022).

Background

2.             The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(2) of the Veterans' Entitlements Act 1986 (the VEA), Statement of Principles concerning vaccine-induced thrombotic thrombocytopaenia (Reasonable Hypothesis) (No. 33 of 2022).

3.             The Authority is of the view that there is sound medical-scientific evidence that indicates that vaccine-induced thrombotic thrombocytopaenia and death from vaccine-induced thrombotic thrombocytopaenia can be related to particular kinds of service.  The Authority has therefore determined this Statement of Principles concerning vaccine-induced thrombotic thrombocytopaenia pursuant to subsection 196B(2) of the VEA.

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 vaccine-induced thrombotic thrombocytopaenia or death from vaccine-induced thrombotic thrombocytopaenia, with the circumstances of that service.  The Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

6.             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 vaccine-induced thrombotic thrombocytopaenia or death from vaccine-induced thrombotic thrombocytopaenia 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 120A(3) of the VEA or subsection 338(3) of the MRCA).

7.             This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 31 August 2021 concerning thrombosis with thrombocytopenia syndrome in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence available to the Authority.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to thrombosis with thrombocytopenia syndrome in the Government Notices Gazette of 31 August 2021, 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 new Instrument finalises the investigation in relation to thrombosis with thrombocytopenia syndrome as advertised in the Government Notices Gazette of 31 August 2021.

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. 33 of 2022

Kind of Injury, Disease or Death: Vaccine-induced thrombotic thrombocytopaenia

 

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 vaccine-induced thrombotic thrombocytopaenia;
  • 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting vaccine-induced thrombotic thrombocytopaenia 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 vaccine-induced thrombotic thrombocytopaenia (Reasonable Hypothesis) (No. 33 of 2022) was enacted to provide clear guidelines for assessing claims related to vaccine-induced thrombotic thrombocytopaenia under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation was introduced by the Repatriation Medical Authority (the Authority) under subsection 196B(2) of the VEA, to address the need for a sound medical-scientific basis for connecting vaccine-induced thrombotic thrombocytopaenia with particular kinds of service. The policy objective is to facilitate the assessment and determination of claims by specifying the minimum factors required to establish a reasonable hypothesis connecting the condition with service, thereby ensuring that claimants receive appropriate compensation and medical treatment. The Statement of Principles sets out the criteria that must be met, and these will be applied by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, and Administrative Appeals Tribunal in evaluating claims lodged after the specified dates. This legislative instrument is designed to improve the medico-scientific quality of outcomes under the VEA and the MRCA by providing clarity and consistency in the assessment process. It ensures that only claims supported by this Statement of Principles can proceed, thereby upholding the rights of veterans, current and former Defence Force members, and their dependents to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The instrument is also compatible with human rights, as it promotes the rights recognised in international instruments without derogating from any human rights.

Scope and Application

The Statement of Principles concerning vaccine-induced thrombotic thrombocytopaenia (Reasonable Hypothesis) (No. 33 of 2022) applies to claims made under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), specifically for veterans and Defence Force members who have suffered from vaccine-induced thrombotic thrombocytopaenia or death from this condition. The instrument establishes the minimum medical-scientific factors that must be present to establish a reasonable hypothesis connecting the condition with particular service circumstances. This Statement of Principles ensures that any claim for pension or compensation related to vaccine-induced thrombotic thrombocytopaenia must comply with the outlined criteria. The legislation does not apply to claims lodged before 1 June 1994 under the VEA or 1 July 2004 under the MRCA unless the criteria are met. The instrument is compatible with human rights, as it does not infringe on any rights and supports the rights of veterans and their dependents to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The instrument, determined under the authority of the Repatriation Medical Authority, finalises the investigation into thrombosis with thrombocytopenia syndrome and provides clarity and consistency in the assessment and determination of related claims.

Key Provisions

The Statement of Principles concerning vaccine-induced thrombotic thrombocytopaenia (Reasonable Hypothesis) (No. 33 of 2022) sets out the criteria for establishing a reasonable hypothesis that a veteran or service member's vaccine-induced thrombotic thrombocytopaenia (VITT) or death from VITT is related to their service (section 5). It identifies the specific kinds of service that must be considered, including operational service, peacekeeping service, hazardous service, British nuclear test defence service, warlike service, and non-warlike service under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Statement of Principles must be upheld for any claims lodged on or after 1 June 1994 under the VEA or 1 July 2004 under the MRCA (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA). The obligations imposed by this Act on the parties include ensuring that any claims for pension or compensation related to VITT must be supported by the Statement of Principles (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA). The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, and Administrative Appeals Tribunal must adhere to the criteria outlined in the Statement of Principles when assessing claims. Additionally, the Repatriation Medical Authority is required to determine such Statements of Principles based on sound medical-scientific evidence, ensuring that the criteria are reasonable, proportionate, and transparent. The Authority must also ensure that any determinations are compatible with human rights as recognised or declared in international instruments. Any breach of the requirements stipulated in the Statement of Principles may result in the rejection of claims for pension or compensation related to VITT. Specifically, claims that do not meet the criteria outlined in the Statement of Principles will not be accepted by the relevant Commissions or Tribunals (subsection 120A(3) of the VEA or subsection 338(3) of the MRCA). While the Act does not specify explicit penalties for non-compliance, the consequences of such non-compliance would typically involve the denial of benefits to which the claimant might otherwise be entitled. Furthermore, any failure to adhere to the requirements of the Act could potentially lead to legal challenges, with the claimant arguing that their human rights have been infringed. However, the Act explicitly states that it promotes human rights and is compatible with international human rights standards. In summary, the Statement of Principles concerning vaccine-induced thrombotic thrombocytopaenia provides a framework for assessing claims related to VITT in veterans and service members. It mandates that claims must be supported by specific criteria related to the service rendered, ensuring that the assessment process is grounded in sound medical-scientific evidence. Compliance with these provisions is crucial for both claimants and the authorities involved in the assessment and review of such claims. Failure to comply with the requirements of the Act could lead to the rejection of claims, although specific penalties are not outlined in the text. The Act ensures that its provisions are compatible with human rights, promoting the rights of veterans and service members to social security, health, and non-discrimination.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Consultation Requirements

Interactions

Authorises

All Versions

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.