{"id":"F2020L00491","name":"Statement of Principles concerning gunshot injury (Balance of Probabilities) (No. 24 of 2020)","slug":"statement-of-principles-concerning-gunshot-injury-balance-of-probabilities-no-24-of-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440463,"registerId":"F2020L00491-fast-fetch-1775956072709","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning gunshot injury (Balance of Probabilities) (No. 24 of 2020)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nGUNSHOT INJURY (Balance of Probabilities)\n\n(No. 24 of 2020)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n \n\nDated 24 April 2020\n\n \n\n \n\n \n\n \n\n \n\n| The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:
|\n| --- |\n| 
Professor Nicholas Saunders AO
Chairperson
|\n\n\n \n\n \n\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Repeal\n\n5 Application\n\n6 Definitions\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n8 Basis for determining the factors\n\n9 Factors that must exist\n\n10 Relationship to service\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nSchedule 1 - Dictionary\n\n1 Definitions\n\n \n\n\n\n\n1 Name\n\nThis is the Statement of Principles concerning gunshot injury (Balance of Probabilities) (No. 24 of 2020).\n\n2 Commencement\n\n This instrument commences on 25 May 2020.\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning physical injury due to munitions discharge No. 49 of 2012 (Federal Register of Legislation No. F2012L01790) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.\n\n6 Definitions\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n(1) This Statement of Principles is about gunshot injury and death from gunshot injury.\n\nMeaning of gunshot injury\n\n(2) For the purposes of this Statement of Principles, gunshot injury means damage to body tissue, organs or bone as a result of a gunshot.\n\nDeath from gunshot injury\n\n(3) For the purposes of this Statement of Principles, gunshot injury, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's gunshot injury.\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n8 Basis for determining the factors\n\nOn the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that gunshot injury and death from gunshot injury can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.\n\nNote: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.\n\n9 Factors that must exist\n\nAt least one of the following factors must exist before it can be said that, on the balance of probabilities, gunshot injury or death from gunshot injury is connected with the circumstances of a person's relevant service:\n\n(1) experiencing a gunshot;\n\n(2) inability to obtain appropriate clinical management for gunshot injury.\n\n10 Relationship to service\n\n(1) The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.\n\n(2) The factor set out in subsection 9(2) applies only to material contribution to, or aggravation of, gunshot injury where the person's gunshot injury was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nIn this Statement of Principles:\n\n(1) if a factor referred to in section 9 applies in relation to a person; and\n\n(2) that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA;\n\nthen the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.\n\n \n\n \n\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\n gunshot injury—see subsection 7(2).\n\n MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n relevant service means:\n\n(a) eligible war service (other than operational service) under the VEA;\n\n(b) defence service (other than hazardous service and British nuclear test defence service) under the VEA; or\n\n(c) peacetime service under the MRCA.\n\nNote: MRCA and VEA are also defined in the Schedule 1 - Dictionary.\n\n terminal event means the proximate or ultimate cause of death and includes the following:\n\n(a) pneumonia;\n\n(b) respiratory failure;\n\n(c) cardiac arrest;\n\n(d) circulatory failure; or\n\n(e) cessation of brain function.\n\n VEA means the Veterans' Entitlements Act 1986.\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It replaces a 2012 Statement of Principles concerning 'physical injury due to munitions discharge' with a more precisely titled and focused instrument specifically about 'gunshot injury.' The scope has not expanded beyond determining the service connection for gunshot injuries under the veterans' compensation schemes."},"complexity_factors":["Short, focused instrument (approximately 3 pages of substantive content)","Only 5 defined terms in the Dictionary (gunshot injury, MRCA, relevant service, terminal event, VEA)","Simple binary test structure: one of two factors must exist (section 9)","Minimal cross-referencing — only refers to other Statements of Principles in section 11, and only when applicable","Clear, linear logic without nested exceptions or conditional chains","Straightforward application provisions linking to two specific sections of two Acts","Single purpose instrument: defines one type of injury and its service connection criteria"],"plain_english_summary":"This rulebook sets the medical and legal standards for deciding whether gunshot injuries (including deaths from complications) are connected to Australian war, defence or peacetime service for claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It applies where a person was shot during service or could not obtain proper treatment for a service-related gunshot.\n\nBy clarifying the \"balance of probabilities\" test and replacing the 2012 munitions‑discharge rule, it makes it easier for veterans and service members to establish service connection and access compensation."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces the prior, broader 'physical injury due to munitions discharge' Statement (s4) with a focused Statement on 'gunshot injury' (s7). It narrows the subject-matter while specifying two discrete factors for connection to service (s9), and adds a clinical-management pathway limited to pre-existing or non-service-origin injuries (s10(2)). The change alters which medical criteria decision-makers apply to relevant VEA/MRCA claims (s5)."},"complexity_factors":["Narrow, rule-based criteria: only two primary factors are listed, which simplifies legal framing but shifts complexity to factual/medical proof (see s9).","Medical causation standard: decisions use the balance of probabilities and require medical-evidentiary assessments (title and s8).","Interpretive ambiguity: 'inability to obtain appropriate clinical management' is open to factual and medical interpretation, increasing evidentiary burden (s9(2)).","Temporal/causation nuance: the clinical-management factor applies only where the injury pre-dated or did not arise out of service, requiring careful timing analysis (s10(2)).","Cross-instrument interaction: factors that refer to injuries covered by other Statements of Principles import those other instruments, creating layered application (s11).","Dependence on definitions: core meanings (gunshot injury, terminal event, relevant service) are set in s7 and Schedule 1 and must be applied accurately to each claim.","Statutory cross-references: instrument applies to claims under specific VEA/MRCA provisions and is made under s196B(3), so decision-makers must align with those Acts (s3, s5).","Replacement of prior instrument: repeal of the 2012 munitions-discharge Statement may change claim handling and requires administrative transition (s4)."],"plain_english_summary":"This Statement of Principles sets the medical criteria used to decide, on the balance of probabilities, whether a veteran's gunshot injury (or death from it) is connected to relevant service for claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It was made by the Repatriation Medical Authority and repeals the earlier munitions‑discharge instrument.\n\nA claim is met if at least one factor exists: experiencing a gunshot, or inability to obtain appropriate clinical management (the latter only where the injury pre‑dated or did not arise out of service)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-gunshot-injury-balance-of-probabilities-no-24-of-2020","history":"/api/acts/statement-of-principles-concerning-gunshot-injury-balance-of-probabilities-no-24-of-2020/history","analysis":"/api/acts/statement-of-principles-concerning-gunshot-injury-balance-of-probabilities-no-24-of-2020/analysis","conflicts":"/api/acts/statement-of-principles-concerning-gunshot-injury-balance-of-probabilities-no-24-of-2020/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-gunshot-injury-balance-of-probabilities-no-24-of-2020/important-cases","documents":"/api/acts/statement-of-principles-concerning-gunshot-injury-balance-of-probabilities-no-24-of-2020/documents"}}