Amendment Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 16 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L00049 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

CUT, STAB, ABRASION AND LACERATION

(BALANCE OF PROBABILITIES) (NO. 16 OF 2024)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 16 of 2024).

Background

2.             The Repatriation Medical Authority (the Authority) has determined, under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986 (the VEA), Amendment Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 16 of 2024).

3.             This Instrument amends Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 54 of 2016) (Federal Register of Legislation No. F2016L00571) by:

  • replacing the definition of 'cut, stab, abrasion and laceration' in subsection 7(2).

Day of Commencement

4.             This Instrument also specifies a day of commencement for the amendment in accordance with subsection 12(3) of the Legislation Act 2003.

Consultation

5.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to external burn in the Government Notices Gazette of 1 November 2022, 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

6.             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

7.             The determining of this Instrument finalises the investigation in relation to external burn as advertised in the Government Notices Gazette of 1 November 2022.

References

8.             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.:  Amendment Statement of Principles No. 16 of 2024

Kind of Injury, Disease or Death: Cut, stab, abrasion and laceration

 

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 cut, stab, abrasion and laceration;
  • 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, cut, stab, abrasion and laceration is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 54 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning cut, stab, abrasion and laceration 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 Amendment Statement of Principles concerning Cut, Stab, Abrasion and Laceration (Balance of Probabilities) (No. 16 of 2024) was enacted to address the evolving understanding of the medical and scientific evidence regarding the connection between injuries such as cuts, stabs, abrasions, and lacerations, and the service rendered by eligible individuals. This Amendment Statement of Principles was determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The primary policy objective is to ensure that claims for medical treatment and compensation can be fairly assessed by clarifying the circumstances under which such injuries are connected with service, thereby facilitating more accurate and timely decisions. This legislative instrument amends the earlier Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 54 of 2016) to reflect the latest sound medical-scientific evidence. It also aims to promote various human rights, including the right to social security, adequate living standards, and health, without discrimination.

Scope and Application

The Amendment Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 16 of 2024) is an instrument determined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It applies to veterans and current and former Defence Force members who may have sustained cut, stab, abrasion and laceration injuries during their service. The legislation specifies the circumstances under which such injuries are considered connected to service, thereby qualifying for medical treatment and compensation. This amendment reflects updates in medical-scientific evidence since the previous statement of principles was issued. The instrument is designed to facilitate the assessment and review processes for claims under the VEA and the MRCA by outlining the factors that must exist for the connection between the injury and service to be established on the balance of probabilities. The instrument is technically focused on improving the medico-scientific quality of outcomes for eligible persons under these acts. The Amendment Statement of Principles does not specify any exclusions or exemptions and applies nationally across Australia as it is a Commonwealth instrument. It amends the previously established Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 54 of 2016). The instrument's scope and application are further defined by the relevant provisions in the VEA and the MRCA, which it complements. This Legislative Instrument is compatible with human rights, as it promotes the rights of veterans and Defence Force members to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 16 of 2024) include the replacement of the definition of 'cut, stab, abrasion and laceration' in subsection 7(2) of the existing Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 54 of 2016). This amendment aims to refine and update the criteria and evidence required to establish a connection between these injuries and the circumstances of eligible service rendered by a person (section 7(2)). The obligations and requirements imposed by the Act on the parties or entities it governs are primarily centred around the assessment and determination of claims related to cut, stab, abrasion and laceration. The Repatriation Medical Authority, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission are tasked with facilitating the process of making and assessing claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). They must ensure that the criteria outlined in the amended Statement of Principles are adhered to, particularly in terms of the medical-scientific evidence that links these injuries to the service circumstances. This also involves ensuring that the review processes by the Veterans' Review Board and the Administrative Appeals Tribunal are conducted fairly and transparently, taking into account the updated principles (section 196B(3), VEA). The Act outlines specific consequences for breaches of its provisions. While the document does not explicitly detail penalties or offences, it is clear that adherence to the principles is critical for the legitimacy and effectiveness of claims and reviews. Any failure to comply with the updated criteria or to apply the correct standards of evidence could result in disputes, appeals, and potential legal challenges. The implication is that incorrect assessments or decisions could lead to significant repercussions for claimants, including denial of benefits or compensation. The onus is on the authorities to ensure their processes are robust and evidence-based to avoid such outcomes (section 12, Legislation Act 2003). This Legislative Instrument, being a technical amendment, is designed to improve the medico-scientific quality of outcomes under the VEA and the MRCA. It reflects the most current medical-scientific evidence concerning cut, stab, abrasion and laceration, ensuring that the principles governing these claims are up-to-date and based on sound evidence. The compatibility with human rights is affirmed, as it does not derogate from any human rights and promotes the rights of veterans, current and former Defence Force members, and their dependents, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health (section 4, Human Rights (Parliamentary Scrutiny) Act 2011).

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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.