Amendment Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 78 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L01054 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

SUICIDE AND ATTEMPTED SUICIDE

(BALANCE OF PROBABILITIES) (NO. 78 OF 2025)

 

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. 78 of 2025).

Background

  1.              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. 78 of 2025).
  2.              This Instrument amends Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 40 of 2025) (Federal Register of Legislation No. F2025L00493) by:
  • replacing the existing definition of 'intimate relationship' in Schedule 1 – Dictionary;
  • replacing the existing definition of 'intimate partner violence' in Schedule 1 – Dictionary; and
  • replacing the existing definition of 'intimate partner' in Schedule 1 – Dictionary.

 

Day of Commencement

  1.              This Instrument also specifies a day of commencement for the amendment in accordance with subsection 12(3) of the Legislation Act 2003.

Consultation

  1.              Having already undertaken consultation in relation to instrument No. 40 of 2025, "Statement of Principles concerning suicide and attempted suicide" (Federal Register of Legislation No. F2025L00493) the Authority became aware that there was an error section 9 and definitions for “intimate partner violence”, “intimate relationship” and “intimate partner” are incorrect. As the amendments are technical, the incorrect definitions had been included in obvious error and the amendments provides further clarity, it was considered that there was no utility in engaging in a further formal consultation process and delay correction of the error.

 

 

Human Rights

  1.              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

  1.              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. 78 of 2025

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 suicide and attempted suicide;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • amends Instrument No. 40 of 2025; and

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. 78 of 2025) was enacted to address technical errors in the previously established definitions of "intimate relationship," "intimate partner violence," and "intimate partner" in the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Repatriation Medical Authority, under the authority vested in it by subsections 196B(3) and (8) of the VEA, amended these definitions to enhance the clarity and accuracy of claims related to suicide and attempted suicide among veterans and members of the Defence Force. The objective of this amendment is to facilitate both the assessment of claims by the Repatriation Commission and the Military Rehabilitation and Compensation Commission, and the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. This legislative amendment ensures that the principles governing the recognition of suicide and attempted suicide are consistent with international human rights standards, thereby upholding the rights of veterans and their families 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. 78 of 2025) is applicable to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, primarily affecting veterans, current and former Defence Force members, and their dependents. It is designed to facilitate the making, assessing, and reviewing of claims related to suicide and attempted suicide under these Acts. This legislative instrument is a technical amendment that corrects and clarifies definitions previously outlined in Instrument No. 40 of 2025, specifically addressing terms such as 'intimate relationship', 'intimate partner violence', and 'intimate partner'. The legislation ensures that these definitions are correctly aligned with the sound medical-scientific evidence required by Part XIA of the VEA. The scope of this amendment is limited to the Commonwealth jurisdiction, and it does not introduce any exclusions, exemptions, or thresholds beyond those already specified in the VEA and the MRCA. The amendments are expected to enhance the quality of outcomes under the relevant Acts by providing clarity and ensuring that the human rights of affected individuals are protected and promoted.

Key Provisions

The main sections of the Amendment Statement of Principles concerning suicide and attempted suicide (Balance of Probabilities) (No. 78 of 2025) (the Amendment) pertain to changes in definitions related to intimate relationships, intimate partner violence, and intimate partners as outlined in Schedule 1 – Dictionary. Specifically, sections 9 and 196B of the Veterans' Entitlements Act 1986 (VEA) are involved in this amendment, with the purpose of rectifying incorrect definitions previously included in instrument No. 40 of 2025. These definitions are critical for determining eligibility for claims related to suicide and attempted suicide under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Amendment imposes specific obligations on the Repatriation Medical Authority (the Authority) to ensure that the definitions provided in the VEA and MRCA are accurate and reflective of the intended meaning. The Authority must ensure these definitions are correctly applied in the assessment and review of claims related to suicide and attempted suicide, thereby facilitating the process for claimants, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission. Additionally, the Authority must ensure these definitions are compatible with human rights standards as outlined in international instruments. Failure to adhere to the corrected definitions may result in improper assessment and adjudication of claims, potentially leading to legal challenges and disputes. The consequences of such breaches can include civil penalties, administrative reviews, and potential criminal liability if fraudulent claims are knowingly submitted. The maximum penalties for offences related to fraudulent claims under the VEA and MRCA can include fines and imprisonment, as specified under relevant sections of these Acts. The Amendment also highlights the importance of human rights compatibility, ensuring that the legislative changes do not infringe upon any rights protected under international human rights instruments. The Authority has affirmed that the changes are made to improve the medico-scientific quality of outcomes and facilitate the rights of veterans, current and former Defence Force members, and their dependents to social security, health, and non-discriminatory treatment.

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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.