Amendment Statement of Principles concerning depressive disorder (Balance of Probabilities) (No. 28 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L00225 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

DEPRESSIVE DISORDER

(BALANCE OF PROBABILITIES) (NO. 28 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 depressive disorder (Balance of Probabilities) (No. 28 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 depressive disorder (Balance of Probabilities) (No. 28 of 2024).

3.             This Instrument amends Statement of Principles concerning depressive disorder (Balance of Probabilities) (No. 12 of 2024) (Federal Register of Legislation No. F2024L00046) by:

  • Correcting a typographical error in subsection 9(7) which read; "experiencing a category 2 stressor within the 6 months year before the clinical onset of major depressive disorder, major depressive episode, persistent depressive disorder or premenstrual dysphoric disorder;" to remove the word "year" which was included in error.

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

In February 2024 it came to the attention of the Authority that the Statement of Principles concerning depressive order No. 12 of 2024 which had recently commenced, contained a typographical error, in that the word "year" in Section 9(7) was inadvertently included.

As the word "year" was included in obvious error occurring immediately after the phrase "6 months" (the correct time period),it was considered that there was no utility in engaging in a further formal consultation process and delay correction of the error.  The error if allowed to remain will cause confusion and affect the utility of the section.

Prior to the depressive disorder statement of principles No. 12 of 2024 originally being adopted there was consultation through a notice of investigation and writing to associations representing veterans’ interests seeking submissions in relation to the Statement of Principles that is the subject of this amendment. That consultative process is outlined in the explanatory statement to the original Statement of Principles.

Human Rights

5.             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.

References

6.             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. 28 of 2024

Kind of Injury, Disease or Death: Depressive disorder

 

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) and (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 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 depressive disorder;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • amends Instrument No. 12 of 2024; and
  • 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 Depressive Disorder (Balance of Probabilities) (No. 28 of 2024) is an amendment to the existing Statement of Principles concerning depressive disorder (Balance of Probabilities) (No. 12 of 2024) under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This amendment was determined by the Repatriation Medical Authority (the Authority) to correct a typographical error in the original Statement of Principles, specifically addressing an erroneous inclusion of the word "year" in Section 9(7). The primary objective of this legislative amendment is to ensure clarity and precision in the conditions for eligibility of veterans and Defence Force members for compensation and medical treatment concerning depressive disorder, thereby facilitating smoother processing of claims and assessments. This amendment reflects the Authority's commitment to maintaining accurate and reliable legislative instruments that uphold the rights and welfare of veterans and their families. 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. The amendment ensures that the rights to social security, an adequate standard of living, and the highest attainable standard of physical and mental health are upheld and exercised without discrimination, thereby promoting the welfare of veterans and their dependents.

Scope and Application

The Amendment Statement of Principles concerning depressive disorder (Balance of Probabilities) (No. 28 of 2024) applies to veterans and other eligible persons who have experienced depressive disorder and are seeking benefits or compensation under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This Act corrects a typographical error in the previously issued Statement of Principles concerning depressive disorder (No. 12 of 2024), ensuring the precise application of the specified time period for the onset of depressive disorders relative to stressor events. The amendment facilitates the assessment of claims by the Repatriation Commission and the Military Rehabilitation and Compensation Commission, and it is compatible with human rights, promoting the rights of veterans, current and former Defence Force members, and their dependents. The legislative instrument is technically focused on improving the quality of medico-scientific outcomes under the relevant Acts. The amendment does not extend beyond correcting the specified typographical error and does not include any additional exclusions, exemptions, or thresholds.

Key Provisions

The Amendment Statement of Principles concerning depressive disorder (Balance of Probabilities) (No. 28 of 2024) amends the Statement of Principles concerning depressive disorder (Balance of Probabilities) (No. 12 of 2024) by correcting a typographical error in subsection 9(7) (paragraph 2). This amendment involves removing the word "year" that was incorrectly included in the original text, ensuring the correct time period is specified as "6 months" before the clinical onset of certain depressive disorders. This correction aims to maintain the clarity and accuracy of the legislative provisions regarding the conditions for eligibility under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The obligations imposed by the amended Statement of Principles concern the assessment of claims for medical treatment and compensation related to depressive disorders in veterans and Defence Force members. It sets out the specific circumstances under which such benefits may be extended, ensuring that the principles governing these assessments are based on sound medical-scientific evidence. The amendment facilitates the process of making claims and the subsequent review of such claims by relevant authorities, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, the Veterans' Review Board, and the Administrative Appeals Tribunal. Breaches of the legislative requirements set out in the amended Statement of Principles could result in legal consequences, though the specific penalties are not detailed in the text. Generally, under the VEA and MRCA, non-compliance with the legislative requirements for making or reviewing claims could lead to civil or administrative penalties. These could include fines or other sanctions as determined by the relevant authorities. Additionally, any failure to adhere to the human rights principles outlined in the compatibility statement might result in further scrutiny or legal challenges, though this is not explicitly stated in the provided text. The compatibility statement ensures that the amended Statement of Principles does not derogate from any human rights and, in fact, promotes several human rights. These include the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. By facilitating the assessment and determination of benefits and compensation, the legislative instrument supports the rights of veterans, current and former Defence Force members, and their dependents, ensuring these rights are exercised without discrimination.

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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.