Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 38 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00492 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

CUT, STAB, ABRASION AND LACERATION

(BALANCE OF PROBABILITIES) (NO. 38 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 38 of 2025).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 54 of 2016 (Federal Register of Legislation No. F2016L00571) determined under subsections 196B(3) and (8) of the VEA concerning cut, stab, abrasion and laceration.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that cut, stab, abrasion and laceration and death from cut, stab, abrasion and laceration 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 cut, stab, abrasion and laceration (Balance of Probabilities) (No. 38 of 2025).  This Instrument will in effect replace the repealed Statement of Principles.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, cut, stab, abrasion and laceration or death from cut, stab, abrasion and laceration 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 25 June 2024 concerning cut, stab, abrasion and laceration 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; and
  • revising the definition of 'cut, stab, abrasion and laceration' in subsection 7(2).
     

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to cut, stab, abrasion and laceration in the Government Notices Gazette of 25 June 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 cut, stab, abrasion and laceration as advertised in the Government Notices Gazette of 25 June 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. 38 of 2025

Kind of Injury, Disease or Death: cut, stab, abrasion and laceration

 

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 cut, stab, abrasion and laceration;
  • 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, cut, stab, abrasion and laceration 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. 54 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning cut, stab, abrasion and laceration 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 cut, stab, abrasion and laceration (Balance of Probabilities) (No. 38 of 2025) is an instrument determined under subsection 196B(3) of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This Statement of Principles was introduced to address the need for a comprehensive framework that outlines the connection between certain kinds of injuries, specifically cut, stab, abrasion, laceration, and death from these injuries, with particular types of service rendered by veterans and service personnel. It serves to facilitate claims and assessments under the VEA and MRCA, ensuring that compensation and medical treatment are extended to those who have suffered such injuries as a result of their service. The Repatriation Medical Authority (the Authority) finalised this instrument following an investigation into the available medical-scientific evidence, which concluded that it is more probable than not that these injuries can be related to certain kinds of service. This instrument replaces the previously repealed Instrument No. 54 of 2016 and incorporates recent developments in medical-scientific evidence. The purpose of this Statement of Principles is to establish the specific factors that must exist for cut, stab, abrasion, and laceration, or death from these injuries, to be connected with the service rendered by an individual. This involves detailing the types of service under the VEA and MRCA that must be considered in relation to these injuries. The Authority determined this instrument following an investigation announced in the Government Notices Gazette on 25 June 2024, and no submissions were received during the consultation period. The instrument is compatible with human rights, promoting the rights of veterans, service personnel, and their dependents, including the right to social security, adequate living standards, and health, without discrimination.

Scope and Application

The Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 38 of 2025) applies to veterans and current or former members of the Defence Force who claim medical treatment and compensation for injuries such as cuts, stabs, abrasions, and lacerations under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It outlines the circumstances under which these injuries are deemed connected to eligible war service, defence service, or peacetime service, thereby facilitating claims and assessments by the relevant authorities. This instrument supersedes the previously repealed Instrument No. 54 of 2016 and incorporates recent developments in medical-scientific evidence. It serves to guide claimants, the Repatriation Commission, the Military Rehabilitation and Compensation Commission, the Veterans' Review Board, and the Administrative Appeals Tribunal in making, reviewing, and assessing claims. The instrument applies nationally and is determined under subsection 196B(3) of the VEA for the purposes of the VEA and the MRCA. It is compatible with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, promoting various rights including social security, adequate standard of living, and the highest attainable standard of physical and mental health, without any derogation from these rights. The instrument also reflects the Authority's view that, based on the available medical-scientific evidence, it is more probable than not that cut, stab, abrasion, and laceration injuries can be related to particular kinds of service.

Key Provisions

The main operative sections of the Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 38 of 2025) under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) set out the criteria necessary to establish a connection between cut, stab, abrasion, laceration, or death from such injuries, and service rendered by a person. Specifically, section 5 of the Statement of Principles delineates the factors that must exist and be related to particular kinds of service, including eligible war service, defence service, and peacetime service, for it to be said on the balance of probabilities that the injuries or death are connected to the circumstances of that service. The Statement of Principles is applied in determining claims under the VEA and the MRCA, replacing the previously repealed Instrument No. 54 of 2016. The Statement of Principles imposes obligations on claimants, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission to ensure that claims are made and assessed according to the specified criteria. Claimants must provide evidence that aligns with the outlined factors for the connection between the injuries or death and the service rendered. The Repatriation Commission and the Military Rehabilitation and Compensation Commission must evaluate the presented evidence against these criteria to determine the eligibility for medical treatment and compensation. Additionally, the Statement of Principles facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal, ensuring a transparent and fair process for all parties involved. Breaching the requirements outlined in the Statement of Principles may lead to civil or administrative consequences. If claimants provide false or misleading information in their claims, they could face penalties for providing false statements, which could result in the denial of benefits or the need to repay any already received. Similarly, if the Repatriation Commission or the Military Rehabilitation and Compensation Commission fails to properly assess claims according to the Statement of Principles, they could be subject to administrative action or judicial review. While specific penalties are not detailed in the Statement of Principles, breaches of similar nature under the VEA and MRCA can lead to fines and other sanctions as prescribed by the respective Acts. In summary, the Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 38 of 2025) establishes clear criteria for linking these injuries or deaths to service under the VEA and MRCA. It imposes obligations on claimants and relevant authorities to adhere to these criteria in the claims process. Failure to comply with these obligations may result in civil or administrative consequences, ensuring the integrity and fairness of the compensation and benefits process for veterans and service personnel.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
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.