Amendment Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 36 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L00264 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

SUICIDE AND ATTEMPTED SUICIDE

(BALANCE OF PROBABILITIES) (NO. 36 OF 2022)

 

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. 36 of 2022).

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 suicide and attempted suicide (Balance of Probabilities) (No. 36 of 2022).

3.             The amendment revises the definition of 'clinically significant disorder of mental health as specified' in Schedule 1 - Dictionary of Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 66 of 2016) (Federal Register of Legislation No. F2016L01149) to include gender dysphoria.

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 gender dysphoria as a factor in suicide and attempted suicide in the Government Notices Gazette of 2 November 2021, 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 gender dysphoria as a factor in suicide and attempted suicide as advertised in the Government Notices Gazette of 2 November 2021.

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. 36 of 2022

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(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 attempted suicide;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes gender dysphoria 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, suicide and 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, 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 Suicide and Attempted Suicide (Balance of Probabilities) (No. 36 of 2022) was enacted to address the issue of gender dysphoria as a factor in suicide and attempted suicide among veterans and current or former Defence Force members. The Repatriation Medical Authority (the Authority) determined this amendment under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The primary policy objective of this amendment is to ensure that the definition of 'clinically significant disorder of mental health as specified' in the Statement of Principles concerning suicide and attempted suicide includes gender dysphoria, thereby facilitating the assessment and determination of claims under the VEA and MRCA. This amendment reflects the latest medical-scientific evidence and aims to provide appropriate compensation and treatment to eligible individuals. The Authority undertook an investigation into gender dysphoria as a factor in suicide and attempted suicide, which was advertised in the Government Notices Gazette on 2 November 2021. Although no submissions were received, the amendment is compatible with human rights and promotes various rights of veterans and Defence Force members, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The amendment also ensures non-discriminatory treatment in accordance with international human rights standards.

Scope and Application

The Amendment Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 36 of 2022) applies to eligible persons, including veterans, current and former Defence Force members, and their dependents, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This amendment modifies the definition of "clinically significant disorder of mental health as specified" to include gender dysphoria, thereby facilitating claims and assessments related to suicide and attempted suicide. The amendment reflects the latest medical-scientific evidence and is intended to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent. The instrument is compatible with human rights, promoting the rights of veterans, Defence Force members, and their dependents, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. This instrument extends and amends the existing Statement of Principles No. 66 of 2016, which initially outlined the connection between service and suicide or attempted suicide. Any further application or interpretation of this amendment may be extended or restricted through subordinate instruments as deemed necessary by the Repatriation Medical Authority.

Key Provisions

The Amendment Statement of Principles concerning Suicide and Attempted Suicide (Balance of Probabilities) (No. 36 of 2022), as determined under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986 (VEA), makes a significant change by incorporating gender dysphoria as a factor in the clinical definition of 'clinically significant disorder of mental health as specified' (section 1). This amendment, which amends Instrument No. 66 of 2016, aims to reflect current sound medical-scientific evidence and facilitate better assessment and compensation for veterans and service members who have attempted suicide, particularly in cases where gender dysphoria is a contributing factor. The amendment requires that gender dysphoria be recognised as a condition that, on the balance of probabilities, must exist for suicide or attempted suicide to be connected with the circumstances of service (section 2). The Act imposes obligations on various parties, including the Repatriation Medical Authority, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission, to consider gender dysphoria when assessing claims for medical treatment and compensation under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). These bodies must ensure that their assessments and decisions align with the updated principles, particularly in relation to the inclusion of gender dysphoria as a factor in suicide and attempted suicide claims (section 3). The legislative framework also mandates that these decisions are transparent, proportionate, and reasonable, thereby promoting the right to social security and adequate living standards for veterans and their dependants (section 4). The legislative instrument does not specify any new criminal or civil offences but implies that failure to adhere to the updated principles could lead to disputes and challenges in the assessment and adjudication of claims. Non-compliance with the revised principles could potentially result in claims being denied or compensation being withheld, thereby affecting the right to social security and an adequate standard of living for affected individuals (section 4). The Repatriation Medical Authority is tasked with ensuring that all relevant parties are aware of and comply with these updated principles to avoid such outcomes. In summary, the Amendment Statement of Principles concerning Suicide and Attempted Suicide (Balance of Probabilities) (No. 36 of 2022) updates the legislative framework to include gender dysphoria as a factor in the assessment of suicide and attempted suicide claims, thereby enhancing the rights and benefits available to veterans and service members under the VEA and the MRCA. This amendment is designed to promote human rights by ensuring that the assessment and compensation processes are fair, transparent, and based on the latest medical-scientific evidence.

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Veterans' Affairs Law
Instrument
Amendment Statement
Concepts
Definitions & Interpretation
Human Rights Law
Consultation Requirements
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Gender Dysphoria

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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.