Amendment Statement of Principles concerning external burn (Reasonable Hypothesis) (No. 59 of 2023)

Administered by Department of Veterans' Affairs

Legislation au F2023L00507 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

EXTERNAL BURN

(REASONABLE HYPOTHESIS) (NO. 59 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 (Reasonable Hypothesis) (No. 59 of 2023).

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 external burn (Reasonable Hypothesis) (No. 59 of 2023).

3.             This Instrument amends Statement of Principles concerning external burn (Reasonable Hypothesis) (No. 110 of 2015) (Federal Register of Legislation No. F2015L01330) by:

  • replacing the definition of 'external burn' in subsection 7(2).

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 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. 59 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(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 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting external burn with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 110 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 (Reasonable Hypothesis) (No. 59 of 2023) is an amendment to the existing Statement of Principles concerning external burn (Reasonable Hypothesis) (No. 110 of 2015), made under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This amendment was introduced to address the evolving understanding of external burns in relation to veterans' service. The Repatriation Medical Authority, which operates under the authority of the relevant acts, determined this amendment to reflect current sound medical-scientific evidence and to ensure the principles governing claims related to external burns are accurate and equitable. The overarching policy objective of this amendment is to facilitate the assessment and determination of claims and benefits for veterans who have suffered external burns, ensuring that the qualifying conditions are reasonable, proportionate, and transparent, thereby promoting the human rights of veterans and their dependents. This legislative instrument was developed following a consultation process where the Authority sought input from relevant organisations and stakeholders, though no submissions were received. The amendment is compatible with human rights as it does not infringe upon any rights and, in fact, supports the rights of veterans and their dependents by ensuring access to social security, adequate living standards, and healthcare. The amendment reflects advancements in medical-scientific understanding of external burns, thereby improving the quality of outcomes for veterans under the VEA and MRCA.

Scope and Application

The Amendment Statement of Principles concerning external burn (Reasonable Hypothesis) (No. 59 of 2023) applies to eligible veterans, service personnel, and their dependents under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It amends the existing Statement of Principles concerning external burn (Reasonable Hypothesis) (No. 110 of 2015) by modifying the definition of 'external burn' to incorporate new medical-scientific evidence. This legislative instrument is intended to enhance the quality of medico-scientific outcomes in claims for compensation and medical treatment related to external burns, ensuring that these outcomes are reasonable, proportionate, and transparent. The scope of the Act is national, reflecting the federal nature of the legislation and its applicability across Australia. The Act does not specify any exclusions or exemptions but is subject to review and amendment as further medical-scientific evidence emerges. The Repatriation Medical Authority has the authority to extend or restrict the application of this Act through subordinate instruments, ensuring its continued relevance and effectiveness.

Key Provisions

The Amendment Statement of Principles concerning external burn (Reasonable Hypothesis) (No. 59 of 2023) (the Instrument) is determined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Instrument amends the Statement of Principles concerning external burn (Reasonable Hypothesis) (No. 110 of 2015) by updating the definition of 'external burn' in subsection 7(2). This change is intended to incorporate the latest medical-scientific evidence and to ensure that the principles governing the connection between external burns and service are up-to-date and reflective of current knowledge. The Instrument imposes several obligations on the Repatriation Medical Authority (the Authority) and other entities. The Authority is tasked with determining the principles that govern the connection between service and external burns, ensuring that these principles are based on sound medical-scientific evidence. The Instrument requires the Authority to facilitate the assessment and review of claims related to external burns under the VEA and MRCA, ensuring that claimants and the relevant Commissions have clear guidance on the circumstances that must exist for a reasonable hypothesis to be raised regarding the connection between service and external burns. Breaches of the requirements set out in the Instrument can lead to civil and administrative consequences. The Authority is responsible for enforcing the provisions of the Instrument, and any failure to comply with the updated principles could result in incorrect assessments of claims, potentially depriving eligible claimants of the benefits to which they are entitled. The Instrument does not explicitly detail criminal or civil penalties for non-compliance, but it does highlight the importance of adhering to the updated principles to ensure fair and accurate assessments of claims. The Instrument is designed to be compatible with human rights, as detailed in the Statement of Compatibility with Human Rights. It does not derogate from any human rights and, in fact, promotes several human rights by facilitating the assessment and determination of social security benefits, ensuring the right to an adequate standard of living, and supporting the highest attainable standard of physical and mental health for veterans and Defence Force members. The Authority is required to ensure that the principles are applied in a manner that upholds these rights, without discrimination of any kind. Overall, the Amendment Statement of Principles concerning external burn (Reasonable Hypothesis) (No. 59 of 2023) is a technical instrument that aims to improve the medico-scientific quality of outcomes under the VEA and MRCA by updating the definition of 'external burn' and ensuring that the principles governing the connection between service and external burns are based on the latest medical-scientific evidence. The Instrument imposes obligations on the Authority and other entities to facilitate the assessment, review, and enforcement of claims related to external burns, with a focus on upholding human rights and ensuring that eligible claimants receive the benefits to which they are entitled.

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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.