Statement of Principles concerning schizophrenia (Reasonable Hypothesis) (No. 27 of 2026)

Administered by Department of Veterans' Affairs

Legislation au F2026L00152 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

SCHIZOPHRENIA

(REASONABLE HYPOTHESIS) (NO. 27 OF 2026)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning schizophrenia (Reasonable Hypothesis) (No. 27 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. 83 of 2016 (Federal Register of Legislation No. F2016L01682) determined under subsection 196B(2) of the VEA concerning schizophrenia.
  2.              The Authority is of the view that there is sound medical-scientific evidence that indicates that schizophrenia and death from schizophrenia can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles concerning schizophrenia (Reasonable Hypothesis) (No. 27 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  This Instrument will in effect replace the repealed Statement of Principles.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 as a minimum exist, and which of those factors must be related to the following kinds of service rendered by a person:

 operational service under the VEA;

 peacekeeping service under the VEA;

 hazardous service under the VEA;

 British nuclear test defence service under the VEA;

 warlike service under the MRCA;

 non-warlike service under the MRCA,

before it can be said that a reasonable hypothesis has been raised connecting schizophrenia or death from schizophrenia, 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 schizophrenia 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(1) concerning experiences as a child;
  • revising the factor in subsection 9(12) concerning cannabis use disorder;
  • revising the factor in subsection 9(3) concerning having a clinical infection;
  • revising the factor in subsection 9(15) concerning clinically significant disorders of mental health;
  • revising the factor in subsection 9(16) medication which results in the re-development or worsening of signs;
  • new factor in subsection 9(6) concerning having onset of infection with SARS-CoV-2;
  • new factor in subsection 9(7) concerning taking phenelzine;
  • new definitions of ‘DSM-5-TR’ in Schedule 1 - Dictionary;
  • new definitions of ‘witness’ in Schedule 1 - Dictionary;
  • revising the definition of ‘category 1B stressor’ in Schedule 1 - Dictionary;
  • revising the definition of clinically significant disorder of mental health in Schedule 1 - Dictionary;
  • revising the definition of ‘Specified List 2’  in Schedule 1 - Dictionary;
  • deleting the definition of ‘DSM-5’;
  • deleting the definition of ‘specified list of infections’;
  • deleting the definition of ‘severe childhood abuse’;
  • deleting the definition of ‘a corpse’; and
  • deleting the definition of ‘eyewitness’.

Incorporation

  1.              This Instrument incorporates by reference the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision (DSM-5-TR), Washington, DC, American Psychiatric Association, 2022.  A copy of this document is available from the offices of the Repatriation Medical Authority, Level 8, 480 Queen St, Brisbane, Queensland 4000, by contacting the Registrar on telephone (07) 3815 9404.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to schizophrenia 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 schizophrenia 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. 27 of 2026

Kind of Injury, Disease or Death: schizophrenia

 

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 schizophrenia;
  • 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting schizophrenia with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 83 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning schizophrenia 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 schizophrenia (Reasonable Hypothesis) (No. 27 of 2026) was enacted to address the need for updated medical-scientific evidence concerning the connection between schizophrenia and military service, as required by the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislation was introduced by the Repatriation Medical Authority under the authority of the Veterans' Entitlements Act 1986 to determine a Statement of Principles that outlines the circumstances in which a reasonable hypothesis can be raised that schizophrenia is related to specific military service, facilitating claims for medical treatment and compensation. The policy objective of this legislation is to ensure that the assessment of such claims is based on the most current and sound medical-scientific evidence, thereby improving the quality of medico-scientific outcomes under the Acts. The Repatriation Medical Authority replaced the previous Statement of Principles No. 83 of 2016 with this new instrument to reflect recent developments in medical-scientific evidence about schizophrenia. This new Statement of Principles incorporates the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision (DSM-5-TR), and revises several factors related to the condition, including new considerations such as the onset of infection with SARS-CoV-2 and the use of certain medications. The new principles are intended to facilitate the assessment and determination of claims by veterans and Defence Force members for social security benefits, as well as ensuring that the rights of persons with disabilities are protected and exercised without discrimination.

Scope and Application

The Statement of Principles concerning schizophrenia (Reasonable Hypothesis) (No. 27 of 2026) applies to veterans, current and former Defence Force members, and their dependents seeking to make claims for schizophrenia under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Statement outlines the minimum factors that must exist and be related to specific service types for a reasonable hypothesis to be raised connecting schizophrenia or death from schizophrenia with the circumstances of the service rendered by an individual. The Statement of Principles has a national reach across Australia, governed by the Commonwealth, and applies to all eligible individuals who have served in relevant capacities under the specified acts. There are no stated exclusions, exemptions, or thresholds within the Statement itself, though eligibility and assessment for benefits and compensation will still be subject to the broader criteria and provisions of the VEA and the MRCA. The application and interpretation of this Statement may be further defined through subordinate instruments or regulations under the acts. The Statement of Principles serves to replace the previous Instrument No. 83 of 2016, incorporating revisions and updates reflecting the latest sound medical-scientific evidence regarding schizophrenia. The determination of this Statement finalises the investigation into schizophrenia as advertised in the Government Notices Gazette of 30 October 2024. The contents of this Statement are compatible with human rights as it does not derogate from any human rights and promotes several rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

Key Provisions

The Statement of Principles concerning schizophrenia (Reasonable Hypothesis) (No. 27 of 2026) is a legislative instrument under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). It sets out the factors necessary to establish a reasonable hypothesis linking schizophrenia or death from schizophrenia to specific types of service rendered by a person, including operational, peacekeeping, hazardous, and British nuclear test defence service under the VEA, and warlike or non-warlike service under the MRCA. These factors must be present and related to the service for a claim to be considered valid. The determination of this Statement of Principles is based on sound medical-scientific evidence available to the Repatriation Medical Authority. The obligations imposed by this Statement of Principles primarily involve claimants and the authorities responsible for assessing and approving claims under the VEA and the MRCA. Claimants must provide evidence that satisfies the factors outlined in the Statement of Principles, linking their schizophrenia to their service. Authorities, including the Repatriation Commission and the Military Rehabilitation and Compensation Commission, must use these principles to assess the validity of claims. They must ensure that the claims are evaluated based on the specified medical-scientific evidence and that decisions are made transparently and fairly. Failure to comply with the provisions of the Statement of Principles may not result in direct criminal or civil penalties, but it can affect the eligibility and success of a claim. If a claim does not meet the criteria outlined in the Statement of Principles, it may be rejected, and the claimant may not receive the benefits or compensation they are seeking. Additionally, any misleading or fraudulent representation of facts to support a claim could lead to separate legal consequences under the VEA and the MRCA, which include fines and potential imprisonment. The maximum penalties for breaches related to fraudulent claims under the VEA and the MRCA can include substantial fines and imprisonment terms, depending on the severity of the offence. For instance, under the VEA, offences involving fraudulent claims can result in penalties up to 10,000 penalty units or imprisonment for up to five years, or both, reflecting the seriousness of misrepresenting facts in relation to veterans' entitlements. Similarly, the MRCA imposes strict penalties for fraudulent activities, aiming to deter dishonest claims and protect the integrity of the compensation system.

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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.