Amendment Statement of Principles concerning external burn (Balance of Probabilities) (No. 60 of 2023)

Administered by Department of Veterans' Affairs

Legislation au F2023L00508 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

EXTERNAL BURN

(BALANCE OF PROBABILITIES) (NO. 60 OF 2023)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning external burn (Balance of Probabilities) (No. 60 of 2023).

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 external burn (Balance of Probabilities) (No. 60 of 2023).

3.             This Instrument amends Statement of Principles concerning external burn (Balance of Probabilities) (No. 111 of 2015) (Federal Register of Legislation No. F2015L01331) by:

  • replacing the definition of 'external burn' 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 exposure as a factor in external burn in the Government Notices Gazette of 3 January 2023, 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 exposure as a factor in external burn as advertised in the Government Notices Gazette of 3 January 2023.

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. 60 of 2023

Kind of Injury, Disease or Death: External burn

 

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 external burn;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes exposure as a new factor which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, external burn is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 111 of 2015; and
  • reflects developments in the available sound medical-scientific evidence concerning external burn 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 external burn (Balance of Probabilities) (No. 60 of 2023) amends the Statement of Principles concerning external burn (Balance of Probabilities) (No. 111 of 2015) as part of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Repatriation Medical Authority determined this amendment under sections 196B(3) and (8) of the Veterans' Entitlements Act 1986, addressing the need to reflect recent advancements in sound medical-scientific evidence concerning external burns. The amendment specifies exposure as a new factor that must exist for external burn to be connected with service, thereby facilitating the assessment and determination of claims for compensation and treatment under these Acts. The policy objective of this legislative instrument is to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting various human rights such as the right to social security and the right to an adequate standard of living. The Repatriation Medical Authority consulted widely with relevant organisations and experts before determining this amendment, inviting submissions from stakeholders but receiving none for consideration. The amendment is compatible with human rights, as it neither derogates from any human rights nor discriminates based on various attributes such as race, colour, or disability. This legislative instrument enhances the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, ensuring that veterans and Defence Force members receive fair and just consideration of their claims.

Scope and Application

This Amendment Statement of Principles concerning external burn (Balance of Probabilities) (No. 60 of 2023) amends the Statement of Principles concerning external burn (Balance of Probabilities) (No. 111 of 2015) under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The amendment pertains specifically to the definition of 'external burn' and incorporates 'exposure' as a factor that must exist, on the balance of probabilities, for external burn to be connected with the circumstances of eligible service. This change aims to ensure that the principles governing the assessment of claims related to external burns are consistent with the latest sound medical-scientific evidence. The amendment applies nationally, and its implementation is overseen by the Repatriation Medical Authority, which is responsible for determining and finalising the investigation into the connection between exposure and external burns. The legislative instrument is designed to facilitate claims, assessments, and reviews by relevant authorities and does not derogate from any human rights, promoting the rights of veterans, service personnel, and their dependents in accordance with international human rights instruments.

Key Provisions

The Amendment Statement of Principles concerning external burn (Balance of Probabilities) (No. 60 of 2023) amends the existing Statement of Principles concerning external burn (Balance of Probabilities) (No. 111 of 2015) by updating the definition of 'external burn' (subsection 7(2)). This amendment is made under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986 (VEA) and aims to incorporate the most recent medical-scientific evidence regarding external burn. This revision reflects the developments in medical understanding since the initial instrument was determined and ensures that the assessment and compensation processes for veterans and Defence Force members remain accurate and relevant. The Act imposes specific obligations on the Repatriation Medical Authority (the Authority) to determine amendments to the Statement of Principles based on sound medical-scientific evidence. The Authority must ensure that these determinations facilitate the assessment and review of claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Authority is also required to consult with relevant organisations and individuals, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and experts in the field, although no submissions were received for this particular amendment. Furthermore, the Authority must ensure that the amended principles are 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. Breaches of the requirements outlined in the VEA and MRCA can lead to civil or criminal consequences. Although specific penalties for non-compliance with these legislative instruments are not detailed in the text, the Authority's determinations are crucial in upholding the integrity of the claims process. Failure to adhere to the sound medical-scientific evidence could potentially lead to invalid claims, which in turn could affect the rights of veterans and Defence Force members to receive the social security, compensation, and healthcare they are entitled to. The determination of this instrument is final, indicating that the Authority’s decision is authoritative and binding within the scope of the legislative framework.

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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.