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. 107 of 2015 Kind of Injury, Disease or Death: Ingrowing nail 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 (the VEA) for the purposes of the VEA and the Veterans' Entitlements Act 1986 (the MRCA). Military Rehabilitation and Compensation Act 2004 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 ingrowing nail; 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, ingrowing nail is connected with the circumstances of eligible service rendered by a person, as set out in clause 4 of the Explanatory Notes; replaces Instrument No. 94 of 2007; and reflects developments in the available sound medical-scientific evidence concerning ingrowing nail 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 Art 26, and Art 28, Cultural Rights; Convention on the Rights of the Child by helping to ensure that the Convention on the Rights of Persons with Disabilities) qualifying conditions for the benefit are 'reasonable, proportionate and transparent';
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. 107 of 2015 Kind of Injury, Disease or Death: Ingrowing nail 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 ingrowing nail; 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, ingrowing nail is connected with the circumstances of eligible service rendered by a person, as set out in clause 4 of the Explanatory Notes; replaces Instrument No. 94 of 2007; and reflects developments in the available sound medical-scientific evidence concerning ingrowing nail 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';