Statement of Principles concerning warts No. 71 of 2014

Administered by Department of Veterans' Affairs

Legislation au F2014L00927 Not in force Legislative Instrument

Legislation content

 

REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 71 of 2014

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 71 of 2014 concerning warts.
  2. 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 this Statement of Principles concerning warts pursuant to subsection 196B(3) of the VEA.
  3. Pursuant to the provisions of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA), claims for pension under the VEA or compensation under the MRCA are determined by the Repatriation Commission or the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.
  4. 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.

5.             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 warts or death from warts 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).

6.             This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 31 October 2012 concerning plantar warts in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence available to the Authority.

7.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to plantar warts in the Government Notices Gazette of 31 October 2012, 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, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field.  One submission was received for consideration by the Authority during the investigation.

8.             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.

9.             The determining of this new Instrument finalises the investigation in relation to plantar warts as advertised in the Government Notices Gazette of 31 October 2012.

10.         A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA.  Any such request must be made in writing to the Repatriation Medical Authority at the following address:

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. 71 of 2014

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(8) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).

2. This Legislative Instrument:-

  • facilitates claimants in making, and the Repatriation 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; 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, warts are connected with the circumstances of eligible service rendered by a person, as set out in clause 4 of the Explanatory Notes.

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, ICSECR; 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, ICSECR 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; and
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD).

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 Repatriation Medical Authority Instrument No. 71 of 2014 concerns the issuance of Statement of Principles Instrument No. 71 of 2014 regarding warts under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Enacted in 2014, this legislation addresses the problem of establishing a causal link between service-related conditions and the development of warts in eligible veterans and service personnel. The objective of the legislation is to ensure that claims for pension under the VEA or compensation under the MRCA are substantiated by sound medical-scientific evidence, thereby facilitating the accurate assessment and review of such claims. The Authority's determination of this Statement of Principles aims to provide clarity and transparency in the eligibility criteria for benefits, ensuring that claimants and the relevant authorities can rely on consistent and well-founded medical evidence. This legislative instrument is designed to promote the human rights of veterans and service personnel by ensuring their right to social security and an adequate standard of living, as well as their right to the highest attainable standard of health.

Scope and Application

The Statement of Principles Instrument No. 71 of 2014, issued under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), pertains specifically to the eligibility criteria for claims related to warts in the context of military service. This instrument applies to eligible veterans and current or former members of the Defence Force who have contracted warts as a result of their service, and it aims to provide clarity and certainty in the assessment of such claims. The determinations made under this instrument are applicable nationally across Australia and govern the assessment of claims lodged with the Repatriation Commission or Military Rehabilitation and Compensation Commission. Claims for pension or compensation related to warts or death from warts that are submitted after the respective dates of 1 June 1994 for the VEA and 1 July 2004 for the MRCA cannot be accepted unless they are supported by this Statement of Principles. The instrument explicitly outlines the necessary medical and service-related factors that must be present to substantiate a claim, ensuring that these claims are assessed based on the sound medical-scientific evidence available to the Repatriation Medical Authority.

Key Provisions

The main operative sections of the Repatriation Medical Authority Instrument No. 71 of 2014 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) provide a framework for determining whether claims for pension or compensation related to warts can be upheld. Specifically, section 5 of the Instrument requires that any claim for pension under the VEA or compensation under the MRCA, lodged after 1 June 1994 for the VEA and 1 July 2004 for the MRCA, must be supported by the Statement of Principles concerning warts, which outlines the factors that must exist for warts or death from warts to be connected to eligible service circumstances. The Instrument specifies that eligible services include war service (other than operational service), defence service (other than hazardous service and British nuclear test defence service), and peacetime service. The obligations and requirements imposed by the Act on the parties involved, particularly the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal, are stringent. They must adhere to the Statement of Principles when assessing claims. This means they cannot accept any claim for pension or compensation related to warts unless it is upheld by the Statement of Principles. The Repatriation Medical Authority conducted an investigation, as detailed in the Government Notices Gazette of 31 October 2012, and invited submissions from relevant parties, including organisations representing veterans and service personnel. This thorough process ensures that the determination of the Statement of Principles is based on sound medical-scientific evidence. Failure to comply with the requirements set out in the Instrument can lead to significant consequences. Under subsection 120B(3) of the VEA and subsection 339(3) of the MRCA, any claim that does not align with the Statement of Principles is not valid, and the relevant Commissions cannot accept such claims. The legislation does not specify particular offences or penalties for breach but implies that non-compliance with the Statement of Principles results in the rejection of claims, which can have severe financial and health implications for affected veterans and service personnel. Additionally, the Instrument ensures that it does not derogate from human rights and, in fact, promotes several human rights by facilitating the assessment and determination of social security benefits and compensation. These rights include the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, as outlined in various international instruments such as the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Rights of the Child (CRC), and the Convention on the Rights of Persons with Disabilities (CRPD). This ensures that the process is transparent, reasonable, and proportionate, thereby supporting the human rights of veterans and their dependents.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Human Rights Law
Catchwords
Statement of Principles

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.