Amendment Statement of Principles concerning suicide and attempted suicide (Reasonable Hypothesis) (No. 35 of 2022)

Administered by Department of Veterans' Affairs

Legislation au F2022L00261 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

SUICIDE AND ATTEMPTED SUICIDE

(REASONABLE HYPOTHESIS) (NO. 35 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 (Reasonable Hypothesis) (No. 35 of 2022).

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 suicide and attempted suicide (Reasonable Hypothesis) (No. 35 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 (Reasonable Hypothesis) (No. 65 of 2016) (Federal Register of Legislation No. F2016L01145) 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. 35 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(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 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting suicide and attempted suicide with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 65 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 (Reasonable Hypothesis) (No. 35 of 2022), enacted in 2022, addresses the gap in existing legislation by incorporating gender dysphoria as a factor in claims related to suicide and attempted suicide under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This amendment was determined by the Repatriation Medical Authority in response to evolving medical-scientific evidence, and it aims to facilitate the assessment and review of claims, ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. The legislation aligns with human rights standards by promoting the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health for veterans, current and former Defence Force members, and their dependents. It reflects the commitment to non-discrimination in the exercise of these rights, as stipulated in various international human rights instruments. The enactment of this instrument by the Repatriation Medical Authority under the authority of the Veterans' Entitlements Act 1986 aims to improve the medico-scientific quality of outcomes for claimants. This amendment ensures that the determination of benefits and compensation takes into account the latest medical evidence and acknowledges the complex interplay of factors, including gender dysphoria, in the causation of suicide and attempted suicide. By specifying the circumstances under which medical treatment and compensation can be extended, the amendment seeks to provide a more inclusive and equitable framework for assessing the needs of veterans and Defence Force members.

Scope and Application

This Amendment Statement of Principles, concerning suicide and attempted suicide (Reasonable Hypothesis) (No. 35 of 2022), pertains to veterans and current or former Defence Force members who have experienced suicide or attempted suicide. The amendment applies to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, providing a legislative framework for the assessment and compensation of such cases. The amendment extends to the Commonwealth jurisdiction and affects entities such as the Repatriation Medical Authority, the Repatriation Commission, the Military Rehabilitation and Compensation Commission, the Veterans' Review Board, and the Administrative Appeals Tribunal, as well as individual claimants. The amendment specifically includes gender dysphoria as a factor in suicide and attempted suicide, thereby broadening the scope of the existing Statement of Principles concerning suicide and attempted suicide (Reasonable Hypothesis) (No. 65 of 2022). There are no stated exclusions or thresholds within the text, and no specific mention of subordinate instruments extending or restricting the application of the Act. The amendment reflects developments in the available sound medical-scientific evidence and is compatible with human rights as it promotes various human rights, including the right to social security, the right to an adequate standard of living, and the right to the enjoyment of the highest attainable standard of physical and mental health.

Key Provisions

The main operative sections of this legislative instrument (Amendment Statement of Principles No. 35 of 2022) are sections 196B(2) and 196B(8) of the Veterans' Entitlements Act 1986 (VEA). These sections empower the Repatriation Medical Authority to amend the Statement of Principles concerning suicide and attempted suicide to include new factors based on sound medical-scientific evidence. Specifically, the amendment adds gender dysphoria as a recognised factor in the definition of 'clinically significant disorder of mental health as specified' (section 1). This change aims to better reflect current medical understanding and facilitate the assessment of claims related to suicide and attempted suicide among eligible veterans and Defence Force members. The Act imposes several obligations on the parties involved, primarily focusing on the Repatriation Medical Authority's responsibility to determine amendments to the Statement of Principles based on sound medical-scientific evidence. The Authority must ensure that any changes to the Statement of Principles are compatible with human rights as recognised in international instruments. Additionally, the Repatriation Commission and Military Rehabilitation and Compensation Commission are tasked with assessing claims in accordance with the updated principles, ensuring that claimants receive appropriate medical treatment and compensation. The Veterans' Review Board and the Administrative Appeals Tribunal also have the obligation to review decisions made under the amended principles. The legislative instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches related to this amendment. However, any failure by the Repatriation Medical Authority to adhere to the requirements of the VEA or the Human Rights (Parliamentary Scrutiny) Act 2011 could potentially lead to legal challenges or reviews. Such challenges could result in the amendment being overturned or modified, impacting the assessment and determination of claims under the VEA and Military Rehabilitation and Compensation Act 2004. It is important to note that the legislative instrument emphasizes compatibility with human rights, ensuring that the rights of veterans and their dependents are upheld without discrimination. In conclusion, this legislative instrument seeks to refine the criteria for assessing claims related to suicide and attempted suicide by incorporating gender dysphoria as a recognised factor. It imposes clear obligations on the Repatriation Medical Authority and related commissions to ensure that the amendments are grounded in sound medical-scientific evidence and compatible with human rights. While the instrument does not specify penalties for non-compliance, any failure to adhere to the legislative and human rights requirements could lead to significant legal and administrative repercussions.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Amending Act
Concepts
Definitions & Interpretation
Licensing & Registration
Human Rights Law
Reporting & Disclosure Obligations
Catchwords
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.