Statement of Principles concerning physical injury due to munitions discharge No. 9 of 2000

Overview

The Veterans’ Entitlements Act 1986, as amended by the legislative instrument F2005B01655, was enacted to address gaps in the recognition and compensation of injuries sustained by veterans due to munitions discharge. The Act was introduced by the Parliament of Australia to provide a clear framework for the Repatriation Medical Authority in determining eligibility for veterans' benefits in relation to physical injuries and deaths caused by munitions discharge. This legislative instrument specifically revokes previous statements concerning gunshot wounds and establishes new criteria for physical injuries due to munitions discharge, ensuring that veterans receive appropriate recognition and support for injuries related to their service. The policy objective is to ensure that veterans who have suffered from physical injuries due to munitions discharge, or who have died from such injuries, are acknowledged and compensated fairly.

Scope and Application

This legislative instrument concerns the revocation of previous statements of principles relating to gunshot wounds and the establishment of new principles regarding physical injury due to munitions discharge under the Veterans’ Entitlements Act 1986. The Act applies to all matters covered by section 120A, which encompasses veterans, members of Peacekeeping Forces, and members of the Forces who have sustained physical injury due to munitions discharge or have died from such injuries. This includes damage to body tissue, organs, or bone as a direct result of explosion, weapon discharge, or shrapnel fragments, and applies to those who served in operational, peacekeeping, or hazardous service. The new Statement of Principles aims to provide a clear framework for determining the relationship between such injuries and relevant service, focusing on the necessity of establishing at least one factor that links the injury to service, such as sustaining the injury or the inability to obtain appropriate clinical management for the injury. The instrument also incorporates any existing Statements of Principles that relate to the specified injuries or diseases, ensuring a comprehensive approach to the assessment and recognition of these injuries.

Key Provisions

The legislative instrument in question revokes two previous instruments (Instrument No.39 of 1994 and Instrument No.229 of 1995) concerning gunshot wounds and replaces them with a new Statement of Principles (section 1). This new Statement pertains specifically to physical injury due to munitions discharge and death from such injuries (section 2(a)). The Repatriation Medical Authority has established this Statement based on sound medical-scientific evidence linking these injuries to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces (section 3). The core requirement is that at least one of the factors outlined in clause 5 must be related to any relevant service rendered by the person for the Statement to apply (section 4). The factors that must exist include sustaining physical injury due to munitions discharge or being unable to obtain appropriate clinical management for such injuries (section 5). Under the new Statement of Principles, relevant service is defined as operational service, peacekeeping service, or hazardous service (section 8(b)). Additionally, the instrument incorporates any relevant factors from other Statements of Principles if they apply to the circumstances (section 7). This ensures that all relevant factors are considered in determining the connection between the injury and the service. The instrument applies to all matters governed by section 120A of the Veterans’ Entitlements Act 1986 (section 9). The legislative instrument imposes several obligations on the parties it governs. Firstly, it mandates that the Repatriation Medical Authority must ensure that the new Statement of Principles is adhered to in all relevant matters (section 1). This includes revoking previous instruments and applying the new Statement to any claims related to physical injury due to munitions discharge. The Authority must also ensure that all relevant factors, including those from other Statements of Principles, are considered in determining the connection between the injury and service (section 7). Furthermore, the instrument requires that claims be assessed based on the criteria set out in the Statement, particularly focusing on the relationship between the injury and the relevant service (section 4). The instrument does not explicitly outline specific offences or penalties for non-compliance within its text. However, breaches of the Veterans’ Entitlements Act 1986, under which this instrument operates, may result in various civil and criminal consequences. Under the Act, penalties for offences can include fines and imprisonment, with the severity of the penalty depending on the nature of the offence. For instance, section 196C of the Act specifies that a person who knowingly makes a false statement or representation in an application for a benefit may be liable to a penalty of up to $22,200 or imprisonment for up to two years, or both. Therefore, any non-compliance with the requirements of this instrument could potentially lead to such penalties if they are found to contravene the provisions of the Act.