Statements of Principles concerning antiphospholipid syndrome (repeal) (No.90 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L01342 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENTS OF PRINCIPLES CONCERNING

ANTIPHOSPHOLIPID SYNDROME (REPEAL)
(NO. 90 OF 2024)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statements of Principles concerning antiphospholipid syndrome (repeal) (No. 90 of 2024).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(9) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 69 of 2016 (Federal Register of Legislation No. F2016L01348) and Instrument No. 70 of 2016 (Federal Register of Legislation No. F2016L01352) determined under subsection 196B(2) and (3) of the VEA concerning antiphospholipid syndrome.

Following investigation, the Authority is of the view that there is insufficient medical-scientific evidence in order to determine factors for antiphospholipid syndrome which might be related to service. The Authority has therefore decided pursuant to subsection 196B(9) that there is insufficient sound medical-scientific evidence in order to  determine Statements of Principles for antiphospholipid syndrome either on the basis of reasonable hypothesis or balance of probability.

  1.              This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 25 June 2024 concerning antiphospholipid syndrome 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.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to antiphospholipid syndrome in the Government Notices Gazette of 25 June 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 antiphospholipid syndrome as advertised in the Government Notices Gazette of 25 June 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. 90 of 2024

Kind of Injury, Disease or Death: Antiphospholipid syndrome

 

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).  Part XIA of the VEA requires the determination of 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 antiphospholipid syndrome;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;

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 Statements of Principles concerning antiphospholipid syndrome (repeal) (No. 90 of 2024) was enacted to address the inadequacy of medical-scientific evidence to determine factors for antiphospholipid syndrome related to military service. This legislative instrument repealed the previous Statements of Principles No. 69 and 70 of 2016, which had been determined under the Veterans' Entitlements Act 1986 (VEA). The Repatriation Medical Authority, acting under subsection 196B(9) of the VEA, concluded that there is insufficient sound medical-scientific evidence to establish the connection between antiphospholipid syndrome and military service either through reasonable hypothesis or balance of probability. This decision followed an investigation and public consultation, which did not yield any submissions. The repealing instrument aims to improve the quality of medico-scientific outcomes under the VEA and the Military Rehabilitation and Compensation Act 2004, ensuring that veterans' claims and the assessment of their conditions are based on robust evidence. The instrument also promotes human rights by facilitating access to social security, adequate living standards, and health care for veterans and their dependents.

Scope and Application

The Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 apply to veterans and current or former members of the Australian Defence Force, as well as their dependents, by providing a framework for the assessment, compensation, and rehabilitation of service-related injuries, diseases, or deaths. The Statements of Principles concerning antiphospholipid syndrome (repeal) (No. 90 of 2024) specifically addresses the repeal of previous instruments that determined the connection between antiphospholipid syndrome and military service due to insufficient medical-scientific evidence. This repeal affects veterans and Defence Force members who may have claimed compensation or treatment related to antiphospholipid syndrome. The repeal is made under the authority of the Repatriation Medical Authority, which operates under the Commonwealth jurisdiction. This legislative instrument does not specify any exclusions or thresholds but rather focuses on the availability of sound medical-scientific evidence. Subordinate instruments may extend or restrict the application of the repealed instruments by providing further details on the assessment and compensation processes.

Key Provisions

The primary operative sections of this Legislative Instrument, determined under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), are designed to facilitate the assessment and management of claims related to antiphospholipid syndrome (APS). This includes specifying the circumstances under which medical treatment and compensation can be extended to eligible persons who have APS (section 1). The repeal of Instrument No. 69 of 2016 and Instrument No. 70 of 2016, as outlined in section 2, aims to improve the medico-scientific quality of outcomes under the VEA and the MRCA by ensuring that decisions are based on sound medical-scientific evidence. The Repatriation Medical Authority (the Authority) is required to investigate and determine whether there is sufficient medical-scientific evidence to support the connection between APS and service. In this instance, the Authority has determined that there is insufficient evidence to establish such a connection (section 3). This decision is based on an examination of all available sound medical-scientific evidence, including previously considered evidence. The Authority must ensure that the determination is compatible with human rights and freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Legislative Instrument imposes several obligations and requirements on the parties involved. The Authority must conduct a thorough investigation and review of available evidence before determining the factors connecting APS with service. This involves consulting with relevant organisations, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and other stakeholders. The Authority is also required to consider any submissions received from experts and interested parties, although no submissions were received in this case (section 4). The Instrument facilitates the process by which claimants can make claims and the Repatriation Commission and the Military Rehabilitation and Compensation Commission can assess those claims (section 2). It also supports the review of these decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. There are no specific offences, penalties, or consequences outlined in the Legislative Instrument for breach. However, the determination of this Instrument is a formal legal process that ensures compliance with the VEA and the MRCA. The Authority's decision to repeal the previous instruments due to insufficient evidence is a legal determination that impacts the eligibility of veterans and current or former Defence Force members for benefits related to APS. The compatibility statement ensures that the Instrument does not derogate from any human rights and promotes the rights of veterans and their dependents under international human rights instruments. In conclusion, the Legislative Instrument serves to repeal previous instruments concerning APS due to insufficient medical-scientific evidence, ensuring that decisions are based on sound evidence. The Authority's determination is a legal process that impacts the eligibility of claimants for benefits under the VEA and the MRCA. The Instrument promotes human rights by facilitating the assessment and determination of benefits in a reasonable, proportionate, and transparent manner.

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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.