Statement of Principles concerning cut, stab, abrasion and laceration No. 3 of 2008 (Cth)
Statement of Principles
concerning
CUT, STAB, ABRASION AND LACERATION
No. 3 of 2008
for the purposes of the
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
Title
This Instrument may be cited as Statement of Principles concerning cut, stab, abrasion and laceration No. 3 of 2008.
Determination
The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a) revokes Instrument No. 54 of 1994 concerning cuts, stabs, abrasions or lacerations; and
(b) determines in its place this Statement of Principles.
Kind of injury, disease or death
(a) This Statement of Principles is about cut, stab, abrasion and laceration and death from cut, stab, abrasion and laceration.
(b)For the purposes of this Statement of Principles:
"cut, stab, abrasion and laceration" means any wound that interrupts the continuity of the epidermis or other external tissue, and may or may not penetrate to the subcutaneous tissues and underlying structures.
This definition excludes wounds that were caused by a:
(1)gunshot;
(2)missile;
(3)explosive device or fragment thereof; or
(4)burn.
Basis for determining the factors
The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that cut, stab, abrasion or laceration and death from cut, stab, abrasion or laceration 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 Military Rehabilitation and Compensation Act 2004 (the MRCA).
Factors that must be related to service
Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.
Factors
The factor that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting cut, stab, abrasion or laceration or death from cut, stab, abrasion or laceration with the circumstances of a person’s relevant service is:
(a)having direct physical trauma to the affected site at the time of the cut, stab, abrasion or laceration; or
(b)inability to obtain appropriate clinical management for cut, stab, abrasion or laceration.
Factors that apply only to material contribution or aggravation
Paragraph 6(b) applies only to material contribution to, or aggravation of, cut, stab, abrasion or laceration where the person’s cut, stab, abrasion or laceration was suffered or contracted before or during (but not arising out of) the person’s relevant service.
Inclusion of Statements of Principles
In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.
Other definitions
For the purposes of this Statement of Principles:
"death from cut, stab, abrasion or laceration" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s cut, stab, abrasion or laceration;
"relevant service" means:
(a) operational service under the VEA;
(b) peacekeeping service under the VEA;
(c) hazardous service under the VEA;
(d) warlike service under the MRCA; or
(e) non-warlike service under the MRCA;
"terminal event" means the proximate or ultimate cause of death and includes:
(a) pneumonia;
(b) respiratory failure;
(c) cardiac arrest;
(d) circulatory failure; or
(e) cessation of brain function.
Application
This Instrument applies to all matters to which section 120A of the VEA or section 338 of the MRCA applies.
Date of effect
This Instrument takes effect from 9 January 2008.
Dated this twentieth day of December 2007
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRPERSON
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