Statement of Principles concerning animal envenomation (Balance of Probabilities) (No. 2 of 2026)

Administered by Department of Veterans' Affairs

Legislation au F2025L01623 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

ANIMAL ENVENOMATION

(BALANCE OF PROBABILITIES) (NO. 2 OF 2026)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning animal envenomation (Balance of Probabilities) (No. 2 of 2026).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 82 of 2016 (Federal Register of Legislation No. F2016L01666) determined under subsection 196B(3) of the VEA concerning animal envenomation.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that animal envenomation and death from animal envenomation can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(3) of the VEA a Statement of Principles concerning animal envenomation (Balance of Probabilities) (No. 2 of 2026).  This Instrument will in effect replace the repealed Statement of Principles.

Purpose and Operation

  1.              The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).
  2.              The Statement of Principles sets out the factors that must exist, and which of those factors must be related to the following kinds of service rendered by a person:

 eligible war service (other than operational service) under the VEA;

 defence service (other than hazardous service and British nuclear test defence service) under the VEA;

 peacetime service under the MRCA,

before it can be said that, on the balance of probabilities, animal envenomation or death from animal envenomation is connected with the circumstances of that service.  The Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

  1.              This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 30 October 2024 concerning animal envenomation in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.
  2.              The contents of this Instrument are in similar terms as the repealed Instrument.  Comparing this Instrument and the repealed Instrument, the differences include:
  • specifying a day of commencement for the Instrument in section 2;
  • revising the factor in subsection 9(2) concerning having external contact with venom; and
  • revising the definitions of ‘venomous animal’ in Schedule 1 - Dictionary.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to animal envenomation in the Government Notices Gazette of 30 October 2024, 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

  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.

Finalisation of Investigation

  1.          The determining of this Instrument finalises the investigation in relation to animal envenomation as advertised in the Government Notices Gazette of 30 October 2024.

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.:   Statement of Principles No. 2 of 2026

Kind of Injury, Disease or Death: Animal envenomation

 

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 animal envenomation;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • outlines the factors which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, animal envenomation is connected with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 82 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning animal envenomation 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 Statement of Principles concerning animal envenomation (Balance of Probabilities) (No. 2 of 2026) was enacted to address the gap in the existing legislative framework regarding the connection between animal envenomation, death from such envenomation, and specific types of military service. This instrument, determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans' Entitlements Act 1986, replaces the previous Statement of Principles (Instrument No. 82 of 2016). The primary objective is to clarify and facilitate the assessment of claims for medical treatment and compensation under both the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by specifying the circumstances that must exist for animal envenomation to be considered connected to eligible service, based on the available sound medical-scientific evidence. The Authority's determination reflects recent developments in medical-scientific understanding of animal envenomation and aims to ensure that claimants receive fair and transparent assessment processes.

Scope and Application

The Statement of Principles concerning animal envenomation (Balance of Probabilities) (No. 2 of 2026) applies to veterans, current and former Defence Force members, and other eligible persons under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It specifies the circumstances in which animal envenomation and death from animal envenomation can be considered connected to certain kinds of service, thus facilitating the assessment and approval of claims for medical treatment and compensation. The principles are applicable nationally, as they are determined under the Commonwealth jurisdiction. The Act does not explicitly state any exclusions or thresholds but focuses on the sound medical-scientific evidence to establish the connection between the envenomation and the service rendered. The Statement of Principles can be further extended or refined through subordinate instruments, which may address specific cases or new medical evidence as it emerges. The instrument is compatible with human rights as it ensures the rights of eligible claimants are upheld without discrimination.

Key Provisions

The Statement of Principles concerning animal envenomation (Balance of Probabilities) (No. 2 of 2026), as determined by the Repatriation Medical Authority (the Authority) under subsection 196B(3) of the Veterans' Entitlements Act 1986 (VEA), outlines the specific circumstances under which claims for benefits related to animal envenomation can be assessed and approved. These provisions (section 1) are intended to facilitate the claims process for veterans and current or former Defence Force members who have suffered from animal envenomation as a result of their service. The Statement of Principles sets out the medical-scientific evidence necessary to establish a connection between the animal envenomation and the service rendered by the claimant, specifying the types of service and the factors that must be present (section 3). The Statement of Principles imposes several obligations on the parties involved. Claimants must provide evidence that meets the criteria outlined in the Statement of Principles, which includes demonstrating a link between the animal envenomation and their service. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are tasked with assessing claims in accordance with the factors specified in the Statement of Principles (section 4). These entities must ensure that the claims process is fair and transparent, with a focus on the available sound medical-scientific evidence (section 4). There are no explicit offences or penalties outlined in the Statement of Principles itself. However, any breach of the requirements or obligations set out in the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA) could lead to consequences under those Acts. For instance, providing false information in a claim could result in civil or criminal penalties under the applicable Acts. The penalties for such breaches are not specified in the Statement of Principles but would be determined according to the provisions of the VEA and MRCA (section 5). The Authority has determined that the Statement of Principles is compatible with human rights, as it does not derogate from any human rights and promotes several human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health (section 6).

Legal classification tags

Area of Law
Veterans' Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
Human Rights Law

Interactions

Authorises

All Versions

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.