Amendment Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 27 of 2017)

Administered by Department of Veterans' Affairs

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

SUICIDE AND ATTEMPTED SUICIDE

(BALANCE OF PROBABILITIES) (NO. 27 OF 2017)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 27 of 2017).

Background

2.             The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(3) and (8) of the Veterans' Entitlements Act 1986 (the VEA) Amendment Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 27 of 2017).

3.             This Instrument amends Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 66 of 2016) by:

  • replacing the existing factor in subsection 9(2) concerning 'category 1A stressor';
  • replacing the existing factor in subsection 9(3) concerning 'category 1B stressor';
  • replacing the existing factor in subsection 9(8) concerning 'category 2 stressor';
  • inserting a factor in subsection 9(8a) concerning 'experiencing a problem with a long-term relationship'; and
  • replacing the existing definition of 'category 2 stressor' in Schedule 1 – Dictionary.

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 suicide and attempted suicide in the Government Notices Gazette of 19 September 2016, 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, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field.  One submission was received for consideration by the Authority during 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 suicide and attempted suicide as advertised in the Government Notices Gazette of 19 September 2016.

References

8.             A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA.  Any such request must be made in writing to the Repatriation Medical Authority at the following address:

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. 27 of 2017

Kind of Injury, Disease or Death: Suicide and attempted suicide

 

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(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 linking 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 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 attempted suicide;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes new and revised factors which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, suicide or attempted suicide is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 66 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning suicide and attempted suicide 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, ICSECR; 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, ICSECR 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 Veterans' Entitlements Act 1986 was amended by the Amendment Statement of Principles concerning Suicide and Attempted Suicide (Balance of Probabilities) (No. 27 of 2017), which aims to address the problem of establishing a link between service and suicide or attempted suicide for compensation purposes. The Repatriation Medical Authority, established under the Veterans' Entitlements Act 1986, determined this amendment following an investigation into the matter. The policy objective of the amendment is to facilitate claims and assessments under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by incorporating new and revised factors that better reflect the current medical-scientific evidence concerning suicide and attempted suicide. This instrument is compatible with human rights, promoting the rights of veterans and their dependents, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

Scope and Application

The Amendment Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 27 of 2017) amends the existing Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 66 of 2016) by updating the factors that link particular circumstances with service, specifically in relation to suicide and attempted suicide, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative amendment applies to veterans, current and former Defence Force members, and their dependants who are seeking or have sought medical treatment and compensation for suicide or attempted suicide linked to their service. The instrument is designed to ensure that claimants and the Repatriation Commission can effectively navigate the claims process, while also facilitating the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. The amendments reflect the latest sound medical-scientific evidence concerning suicide and attempted suicide and aim to enhance the medico-scientific quality of outcomes under the VEA and the MRCA. This instrument is compatible with human rights and does not derogate from any human rights, promoting various rights such as the right to social security and the highest attainable standard of physical and mental health. The scope of this Act extends across the Commonwealth of Australia and is applicable to all eligible persons within its jurisdiction.

Key Provisions

The Amendment Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 27 of 2017) is an instrument determined by the Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans' Entitlements Act 1986 (VEA). This amendment replaces and revises the existing factors in the Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 66 of 2016), aligning them with the most recent sound medical-scientific evidence (sections 2 and 3). The key changes include replacing factors concerning 'category 1A stressor', 'category 1B stressor', and 'category 2 stressor', and inserting a new factor related to 'experiencing a problem with a long-term relationship'. Additionally, the definition of 'category 2 stressor' is updated in Schedule 1 – Dictionary. This amendment is designed to facilitate the claims process for veterans and service personnel who have attempted suicide, ensuring that the assessment of their claims is based on the most current medical-scientific evidence (section 2). This legislative instrument imposes specific obligations on the Repatriation Medical Authority, the Repatriation Commission, and other relevant parties. The Authority is required to continually review and update the Statement of Principles to reflect the latest medical-scientific evidence concerning suicide and attempted suicide (section 2). The Repatriation Commission must assess claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA) in accordance with these updated principles. Furthermore, the Veterans' Review Board and the Administrative Appeals Tribunal will review decisions made under these Acts, ensuring that they are based on the correct and most recent evidence (section 2). All parties involved must adhere to these updated principles to ensure that the process for assessing and compensating veterans and service personnel for suicide and attempted suicide is fair and scientifically sound. Breaches of the obligations imposed by this Amendment Statement of Principles could lead to various legal consequences. While the document does not explicitly state specific offences, penalties, or consequences for non-compliance, it is implied that failing to adhere to the updated principles could result in invalid or contested claims. In the context of the VEA and MRCA, this could lead to denial of benefits or compensation, which would be subject to review by the Veterans' Review Board and the Administrative Appeals Tribunal. The Repatriation Medical Authority and the Repatriation Commission are expected to ensure that all assessments and decisions are made in accordance with the principles outlined in this instrument. Failure to do so could lead to legal challenges and the need for corrective action to rectify any non-compliant decisions. The compatibility of this Legislative Instrument with human rights is highlighted in the Statement of Compatibility with Human Rights. This compatibility ensures that the rights of veterans, current and former Defence Force members, and their dependents are protected and promoted. The instrument does not derogate from any human rights and, in fact, supports several human rights, including the right to social security, the right to an adequate standard of living, and the right to the highest attainable standard of physical and mental health. By facilitating the assessment and determination of social security benefits and compensation, the instrument aids in upholding these rights without discrimination (section 4). This ensures that the legislative changes are not only scientifically sound but also ethically aligned with the protection and promotion of human rights.

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