Statement of Principles concerning external bruise No. 109 of 2007 (Cth)
Statement of Principles
concerning
EXTERNAL BRUISE
No. 109 of 2007
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 external bruise No. 109 of 2007.
Determination
The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a) revokes Instrument No. 43 of 1994 concerning external bruises and external contusions; and
(b) determines in its place this Statement of Principles.
Kind of injury, disease or death
(a) This Statement of Principles is about external bruise and death from external bruise.
(b)For the purposes of this Statement of Principles, "external bruise" means a haemorrhage or haematoma in an external part of the body, but does not include an injury to an internal organ. External bruise is also known as external contusion.
Basis for determining the factors
The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that external bruise and death from external bruise 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 external bruise or death from external bruise with the circumstances of a person’s relevant service is:
(a)having physical trauma to the affected site within the 72 hours before the clinical onset of external bruise; or
(b)inability to obtain appropriate clinical management for external bruise.
Factors that apply only to material contribution or aggravation
Paragraph 6(b) applies only to material contribution to, or aggravation of, external bruise where the person’s external bruise 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 external bruise" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s external bruise;
"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 14 November 2007.
Dated this first day of November 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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