Statement of Principles concerning warts (Balance of Probabilities) (No. 8 of 2023)

Administered by Department of Veterans' Affairs

Legislation au F2023L00169 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

WARTS

(BALANCE OF PROBABILITIES) (NO. 8 OF 2023)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning warts (Balance of Probabilities) (No. 8 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. 71 of 2014 (Federal Register of Legislation No. F2014L00927) determined under subsection 196B(3) of the VEA concerning warts.

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that warts and death from warts 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 warts (Balance of Probabilities) (No. 8 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  This Instrument will in effect replace the repealed Statement of Principles.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 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, warts or death from warts 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.

6.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 2 November 2021 concerning warts 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 'warts' in subsection 7(2);
  • including ICD-10-AM codes for 'warts' in subsection 7(3);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4) (where applicable);
  • revising the factor in subsection 9(1) concerning having direct physical contact;
  • new factor in subsection 9(2) concerning warts affecting the cervix uteri only;
  • new factor in subsection 9(3) concerning warts affecting the anogenital region only;
  • new factor in subsection 9(4) concerning warts affecting the oral cavity or the larynx only;
  • revising the factor in subsection 9(5) concerning plantar warts only;
  • revising the factor in subsection 9(6) concerning warts on the hands only;
  • new definition of 'direct physical contact' in Schedule 1 - Dictionary; and
  • revising the definitions of  'immunocompromised state as specified'  in Schedule 1 – Dictionary.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to warts in the Government Notices Gazette of 2 November 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 Instrument finalises the investigation in relation to warts as advertised in the Government Notices Gazette of 2 November 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. 8 of 2023

Kind of Injury, Disease or Death: Warts

 

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 warts;
  • 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, warts 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. 71 of 2014; and
  • reflects developments in the available sound medical-scientific evidence concerning warts 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 warts (Balance of Probabilities) (No. 8 of 2023) is a legislative instrument determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument aims to outline the factors that must exist to establish, on the balance of probabilities, that warts or death from warts is connected to particular kinds of service rendered by a person, such as eligible war service, defence service, or peacetime service. This legislative instrument replaces the previously repealed Instrument No. 71 of 2014, reflecting advancements in sound medical-scientific evidence since its inception. The determination of this Statement of Principles 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 warts. It 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 Statement of Principles was developed following an investigation notified by the Authority in the Government Notices Gazette on 2 November 2021. The Authority examined the sound medical-scientific evidence available, including evidence it had previously considered. The instrument has been revised to adopt the latest format, specify a commencement date, revise definitions, and introduce new factors related to warts in various body regions. This legislative instrument promotes human rights by facilitating the assessment and determination of social security benefits, ensuring the right to the enjoyment of the highest attainable standard of physical and mental health, and ensuring that those rights are exercised without discrimination.

Scope and Application

The Statement of Principles concerning warts (Balance of Probabilities) (No. 8 of 2023) applies to claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) concerning the connection between warts and certain kinds of military service. It specifies the medical and service-related factors that need to be present to establish a connection on the balance of probabilities, thus guiding both the assessment of claims and the review of such decisions by relevant authorities. The Statement of Principles applies to individuals who have rendered eligible war service, defence service, or peacetime service as defined by these Acts. Its scope is limited to the Commonwealth of Australia, and it does not specify any exclusions, exemptions, or thresholds beyond those inherent in the definition and assessment of service-related conditions under the VEA and MRCA. The Act extends its application through subordinate instruments, which may include revisions and updates to reflect new medical-scientific evidence and changes in the legal framework.

Key Provisions

The Statement of Principles concerning warts (Balance of Probabilities) (No. 8 of 2023) serves as a critical document in the determination of claims related to wart-related conditions under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This Statement of Principles (section 4) has been determined by the Repatriation Medical Authority (the Authority) under subsection 196B(3) of the VEA. It establishes the specific factors that must exist and be related to certain kinds of service to conclude that, on the balance of probabilities, warts or death from warts is connected with the circumstances of that service. This includes 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, and peacetime service under the MRCA (section 5). The obligations imposed by this Act primarily revolve around the assessment of claims by the Repatriation Commission and the Military Rehabilitation and Compensation Commission. These entities must evaluate claims based on the outlined factors, ensuring that the assessment process is thorough and evidence-based. The claimants must provide adequate documentation and evidence that link their condition to their service, while the commissions must verify this information against the factors specified in the Statement of Principles. Additionally, the Authority must ensure that the determination of these principles is based on the most current and sound medical-scientific evidence available. Breaches of the requirements set forth in this Statement of Principles do not necessarily result in criminal or civil penalties under the legislation itself. However, the consequences of not adhering to these principles could affect the validity and outcome of claims related to wart-related conditions. If a claim is found to be improperly assessed or if evidence is not in line with the outlined factors, it could result in the denial of benefits or compensation. The claimants have the right to appeal decisions made by the Repatriation Commission and the Military Rehabilitation and Compensation Commission, which are then reviewed by the Veterans' Review Board and the Administrative Appeals Tribunal. Failure to comply with the principles could lead to decisions being overturned or remanded for further review. The emphasis remains on ensuring that all claims are assessed fairly and in accordance with the evidence-based factors provided by the Authority.

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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.