Amendment Statement of Principles concerning suicide and attempted suicide (Reasonable Hypothesis) (No. 77 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L01053 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

SUICIDE AND ATTEMPTED SUICIDE

(REASONABLE HYPOTHESIS) (NO. 77 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 (Reasonable Hypothesis) (No. 77 of 2025).

Background

  1.              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. 77 of 2025).
  2.              This Instrument amends Statement of Principles concerning suicide and attempted suicide (Reasonable Hypothesis) (No. 39 of 2025) (Federal Register of Legislation No. F2025L00494) 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. 39 of 2025, "Statement of Principles concerning suicide and attempted suicide" (Federal Register of Legislation No. F2025L00494) 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. 77 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(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 suicide and attempted suicide;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • amends Instrument No. 39 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 (Reasonable Hypothesis) (No. 77 of 2025) is an amendment to the existing Statement of Principles concerning suicide and attempted suicide (No. 39 of 2025) under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Repatriation Medical Authority (the Authority) enacted this amendment to correct technical errors in the definitions of "intimate relationship," "intimate partner violence," and "intimate partner" that were present in the original instrument. These amendments provide further clarity and rectify obvious errors, thus facilitating the assessment of claims by eligible veterans and Defence Force members. The Authority determined that further formal consultation was unnecessary as the amendments were purely technical in nature. This legislative instrument is compatible with human rights, ensuring the right to social security and an adequate standard of living, among other rights, for veterans and Defence Force members. The purpose of this legislative instrument is to facilitate the assessment and determination of claims for compensation and medical treatment related to suicide and attempted suicide under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It also aims to enhance the medico-scientific quality of outcomes by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. This amendment ensures that the rights of veterans and Defence Force members are exercised without discrimination, in line with international human rights standards.

Scope and Application

The Amendment Statement of Principles concerning suicide and attempted suicide (Reasonable Hypothesis) (No. 77 of 2025) amends the previously issued Statement of Principles concerning suicide and attempted suicide (Reasonable Hypothesis) (No. 39 of 2025). This instrument applies to veterans, current and former Defence Force members, and their dependents who have experienced suicide or attempted suicide. It aims to facilitate the assessment and determination of claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The amendments address technical errors in the definitions of "intimate relationship", "intimate partner violence", and "intimate partner" found in Schedule 1 – Dictionary of the original instrument. These definitions are crucial for determining eligibility for benefits and compensation related to suicide and attempted suicide. The instrument's amendments are considered technical in nature, thus further consultation was deemed unnecessary. It is compatible with human rights as it promotes the rights of veterans and their families, ensuring accessibility to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

Key Provisions

The Amendment Statement of Principles concerning suicide and attempted suicide (Reasonable Hypothesis) (No. 77 of 2025) amends the existing Statement of Principles concerning suicide and attempted suicide (Reasonable Hypothesis) (No. 39 of 2025) (F2025L00494) by modifying the definitions of 'intimate relationship', 'intimate partner violence', and 'intimate partner' in Schedule 1 – Dictionary (sections 196B(2) and (8) of the Veterans' Entitlements Act 1986). This amendment was determined under the authority granted by the Repatriation Medical Authority (the Authority) and specifies the day of commencement in accordance with subsection 12(3) of the Legislation Act 2003. The obligations imposed by the Act on the parties and entities it governs include ensuring that the definitions provided in the amended Statement of Principles are accurately applied when making and assessing claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This includes ensuring that the criteria for determining eligibility for benefits related to suicide and attempted suicide are clear and correctly interpreted. The Authority is responsible for determining these instruments and ensuring that they align with the available sound medical-scientific evidence, thereby facilitating the review process by the Veterans' Review Board and the Administrative Appeals Tribunal. There are no specific offences, penalties, or civil/criminal consequences outlined in the Act for breaches related to these definitions. However, inaccuracies in the application of these definitions could potentially lead to disputes or incorrect determinations in the claims process, which could be subject to review and appeal. The Act itself focuses on the technical correction of definitions to improve the quality of medico-scientific outcomes under the VEA and the MRCA, thereby ensuring that the rights of veterans, current and former Defence Force members, and their dependents are upheld in accordance with international human rights standards.

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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.