Statement of Principles concerning effects of lightning No. 151 of 1995 (Cth)

Statement of Principles

concerning

EFFECTS OF LIGHTNING

Instrument No. 151 of 1995 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 1 November 2007 taking into account Amendment of Statement of Principles concerning EFFECTS OF LIGHTNING (Instrument No. 197 of 1995)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane.

Statement of Principles

concerning

EFFECTS OF LIGHTNING

ICD CODE: 994.0

Veterans’ Entitlements Act 1986
subsection 196B(2)

1.         Being of the view that there is sound medical-scientific evidence that indicates that the effects of lightning and death from the effects of lightning can be related to operational service rendered by veterans, peacekeeping service rendered by members of Peacekeeping forces and hazardous service rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(2) of the Veterans’ Entitlements Act1986 (the Act), that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting the effects of lightning or death from the effects of lightning with the circumstances of that service, are:

(a)        suffering or sustaining death or bodily injury from the effects of lightning; or

(b)        inability to obtain appropriate clinical management for the effects of lightning.

2.         Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 1(b) must be related to any service rendered by a person.

3.       The factor set out in paragraph 1(b) applies only where:

(a)        the person’s injury, being the effects of lightning, was sustained before a period, or part of a period, of service to which the factor is related; and

(b)        the relationship suggested between the effects of lightning and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act.

4.       For the purposes of this Statement of Principles:

“effects of lightning” means the death or bodily harm sustained by a person when struck by lightning, excluding external burn due to lightning, attracting ICD code 994.0;

“ICD code” means a number assigned to a particular kind of injury or disease in the tenth edition of the International Classification of Diseases 9th Revision, effective date of 1 October 1993, copyrighted by the US Commission on Professional and Hospital Activities, and having the Library of Congress number 77-94472.

Notes to Statement of Principles concerning EFFECTS OF LIGHTNING (Instrument No. 151 of 1995)

The Statement of Principles concerning EFFECTS OF LIGHTNING (Instrument No. 151 of 1995) in force under section 196B(2) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Statement of Principles concerning EFFECTS OF LIGHTNING (Instrument No. 151 of 1995)	26 April 1995 (see Gazette 1995, No. GN16)	26 April 1995
Amendment of Statement of Principles concerning EFFECTS OF LIGHTNING (Instrument No. 197 of 1995)	31 May 1995 (see Gazette 1995, No. GN21)	31 May 1995

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
Para 4 – ‘effects of lightning'............................	rs. Instrument  No.197 of 1995