{"id":"F2020L00495","name":"Statement of Principles concerning gunshot injury (Reasonable Hypothesis) (No. 23 of 2020)","slug":"statement-of-principles-concerning-gunshot-injury-reasonable-hypothesis-no-23-of-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440465,"registerId":"F2020L00495-fast-fetch-1775956074852","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning gunshot injury (Reasonable Hypothesis) (No. 23 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 (Reasonable Hypothesis)\n\n(No. 23 of 2020)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) 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 (Reasonable Hypothesis) (No. 23 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(2) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning physical injury due to munitions discharge No. 48 of 2012 (Federal Register of Legislation No. F2012L01789) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that gunshot injury and death from gunshot injury can be related to relevant service rendered by veterans, members of Peacekeeping Forces, 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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting gunshot injury or death from gunshot injury 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(2) 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) operational service under the VEA;\n\n(b) peacekeeping service under the VEA;\n\n(c) hazardous service under the VEA;\n\n(d) British nuclear test defence service under the VEA;\n\n(e) warlike service under the MRCA; or\n\n(f) non-warlike 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":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Replaces the 2012 munitions‑discharge Statement with a focused Statement on gunshot injury and death from gunshot injury, narrowing the subject matter while continuing to apply to VEA/MRCA claims. It introduces two minimal qualifying factors (experiencing a gunshot; inability to obtain appropriate clinical management), clarifies temporal/causation limits for the clinical‑management factor, and preserves cross‑application to other Statements where overlap exists (see sections 4, 7, 9, 10 and 11)."},"complexity_factors":["Two-factor minimum threshold for a ‘reasonable hypothesis’ (section 9) — straightforward but binary.","Temporal and causation nuance for clinical-management factor: applies only where injury was suffered before or during (but did not arise out of) service (section 10(2)).","Cross-reference to other Statements of Principles where factors refer to injuries/diseases covered elsewhere (section 11) — requires cross-instrument interpretation.","Definitions and scope boundaries (gunshot injury; death from gunshot injury; terminal event) located in Schedule 1 — affects medical/legal interpretation.","Repeal of earlier munitions-discharge Statement (section 4) — changes precedent and comparative interpretation.","Limited application to claims under specific statutes (section 5: VEA and MRCA) — narrows administrative reach.","Decision role of the Repatriation Medical Authority and reliance on ‘sound medical‑scientific evidence’ (sections 3 and 8) — introduces expert-administrative discretion."],"plain_english_summary":"Sets criteria for linking gunshot injury (including death) to veterans’ service for claims under the VEA or MRCA. It replaces a prior munitions‑discharge statement and requires at least one of two factors — experiencing a gunshot or inability to obtain appropriate clinical management — and requires the factor be related to the person's relevant service; the Repatriation Medical Authority decides whether a “reasonable hypothesis” is raised."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument replaces a 2012 Statement of Principles concerning 'physical injury due to munitions discharge' with a more specifically titled and focused instrument about 'gunshot injury.' The scope remains consistent with the original intent — determining compensation eligibility for firearm-related injuries in veterans — with no significant expansion beyond this purpose. The change from 'munitions discharge' to 'gunshot' appears to be terminological clarification rather than substantive scope change."},"complexity_factors":["Short document (approximately 1,500 words)","Only 7 defined terms in the Dictionary","Simple binary test structure (two alternative factors in section 9)","Minimal cross-referencing (only refers to other Statements of Principles in section 11, and standard definitions)","Clear, linear structure with no nested exceptions or conditional logic beyond the basic 'at least one factor must exist' requirement","Single purpose instrument with straightforward application rules"],"plain_english_summary":"This rulebook sets the medical test for deciding whether gunshot injuries (or deaths stemming from them) are service-related for veterans, ADF members and peacekeepers claiming under the Veterans' Entitlements Act or the Military Rehabilitation and Compensation Act.\n\nIt applies the \"reasonable hypothesis\" threshold — acceptance if a plausible medical link exists — either because the person suffered a gunshot in service or lack of proper treatment of a prior gunshot worsened during service. It replaces and clarifies the 2012 munitions-discharge rule."},"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-reasonable-hypothesis-no-23-of-2020","history":"/api/acts/statement-of-principles-concerning-gunshot-injury-reasonable-hypothesis-no-23-of-2020/history","analysis":"/api/acts/statement-of-principles-concerning-gunshot-injury-reasonable-hypothesis-no-23-of-2020/analysis","conflicts":"/api/acts/statement-of-principles-concerning-gunshot-injury-reasonable-hypothesis-no-23-of-2020/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-gunshot-injury-reasonable-hypothesis-no-23-of-2020/important-cases","documents":"/api/acts/statement-of-principles-concerning-gunshot-injury-reasonable-hypothesis-no-23-of-2020/documents"}}