Amendment Statement of Principles concerning cut, stab, abrasion and laceration (Reasonable Hypothesis) (No. 15 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L00048 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

CUT, STAB, ABRASION AND LACERATION

(REASONABLE HYPOTHESIS) (NO. 15 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 (Reasonable Hypothesis) (No. 15 of 2024).

Background

2.             The Repatriation Medical Authority (the Authority) has determined, under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986 (the VEA), Amendment Statement of Principles concerning cut, stab, abrasion and laceration (Reasonable Hypothesis) (No. 15 of 2024).

3.             This Instrument amends Statement of Principles concerning cut, stab, abrasion and laceration (Reasonable Hypothesis) (No. 53 of 2016) (Federal Register of Legislation No. F2016L00567) 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 year.

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. 15 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(2) 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting cut, stab, abrasion and laceration with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 53 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 (Reasonable Hypothesis) (No. 15 of 2024) is an instrument determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This amendment modifies the existing Statement of Principles concerning cut, stab, abrasion, and laceration, which was initially established in 2016. The purpose of this amendment is to incorporate advancements in sound medical-scientific evidence since the original instrument was determined, thereby improving the quality of medico-scientific outcomes under the relevant acts. This instrument facilitates the process of making and assessing claims for medical treatment and compensation, as well as the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. It outlines the minimum factors that must exist to raise a reasonable hypothesis connecting the specified injuries with the service rendered by eligible individuals. This Legislative Instrument is consistent with human rights, as it does not derogate from any human rights and promotes the rights of veterans, current and former Defence Force members, and their dependents. It ensures the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, while ensuring that these rights are exercised without discrimination. 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.

Scope and Application

The Amendment Statement of Principles concerning cut, stab, abrasion and laceration (Reasonable Hypothesis) (No. 15 of 2024) is an instrument determined under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986, which applies to the veterans, current and former Defence Force members, and their dependents seeking medical treatment and compensation for injuries such as cuts, stabs, abrasions, and lacerations incurred during service. This instrument amends the previous Statement of Principles (No. 53 of 2016) by updating the definition of 'cut, stab, abrasion and laceration' to reflect the latest sound medical-scientific evidence. The amendment facilitates the assessment and determination of claims by the Repatriation Commission and the Military Rehabilitation and Compensation Commission and ensures that the qualifying conditions for benefits are reasonable, proportionate, and transparent. This 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 without discrimination. The instrument is assessed as a technical instrument that improves medico-scientific outcomes under the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act.

Key Provisions

The Amendment Statement of Principles concerning cut, stab, abrasion and laceration (Reasonable Hypothesis) (No. 15 of 2024) amends the definition of 'cut, stab, abrasion and laceration' in subsection 7(2) of the existing Statement of Principles concerning cut, stab, abrasion and laceration (Reasonable Hypothesis) (No. 53 of 2016). This change aims to reflect recent developments in the available sound medical-scientific evidence concerning these types of injuries. By doing so, it facilitates the process for claimants to make claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), and for the Repatriation Commission and the Military Rehabilitation and Compensation Commission to assess these claims. It also assists the Veterans' Review Board and the Administrative Appeals Tribunal in reviewing such decisions. This legislative amendment imposes specific obligations on the Repatriation Medical Authority, which must determine the connection between cut, stab, abrasion, and laceration injuries and military service based on sound medical-scientific evidence. It also requires the Repatriation Commission and the Military Rehabilitation and Compensation Commission to use these updated principles when assessing claims. Furthermore, the Authority must ensure that the updated principles facilitate the assessment and determination of social security benefits and compensation, in line with the rights to social security and an adequate standard of living as stipulated in international human rights instruments. The legislation does not outline specific offences or penalties for non-compliance with the new principles, but it does emphasize that the updated definitions and principles must be adhered to by the relevant authorities and commissions. Failure to comply with these principles could potentially lead to improper assessment and determination of claims, which could in turn affect the rights of veterans and current or former Defence Force members to receive appropriate benefits and compensation. The amendment is designed to ensure that the determination of these principles is compatible with human rights, as it does not derogate from any human rights and, in fact, promotes several human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. By improving the medico-scientific quality of outcomes under the VEA and MRCA, the amendment aims to ensure that veterans and Defence Force members receive fair and reasonable treatment in relation to their claims for medical treatment and compensation.

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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.