Statement of Principles concerning physical injury due to munitions discharge No. 9 of 2000 (Cth)

Instrument No.9 of 2000

Revocation

of

Statement of Principles

concerning

GUNSHOT WOUNDS

and

Determination

of

Statement of Principles

concerning

PHYSICAL INJURY DUE TO MUNITIONS DISCHARGE

Veterans’ Entitlements Act 1986

1. The Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act):

(a)revokes Instrument No.39 of 1994 and Instrument No.229 of 1995 concerning gunshot wounds; and

(b)determines in their place the following Statement of Principles.

Kind of injury, disease or death

2.         (a)       This Statement of Principles is about physical injury due to munitions discharge and death from physical injury due to munitions discharge.

(b)       For the purposes of this Statement of Principles, “physical injury due to munitions discharge” means damage to body tissue, organs or bone as a direct result of explosion, weapon discharge or shrapnel fragments.

Basis for determining the factors

3.         The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that physical injury due to munitions discharge and death from physical injury due to munitions discharge can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces.

Factors that must be related to service

4.         Subject to clause 6, at least one of the factors set out in clause 5 must be related to any relevant service rendered by the person.

Factors

5.         The factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting physical injury due to munitions discharge or death from physical injury due to munitions discharge with the circumstances of a person’s relevant service are:

(a)        sustaining physical injury due to munitions discharge; or

(b)inability to obtain appropriate clinical management for physical injury due to munitions discharge.

Factors that apply only to material contribution or aggravation

6.         Paragraph 5(b) applies only to material contribution to, or aggravation of, physical injury due to munitions discharge where the person’s physical injury due to munitions discharge was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act refers.

Inclusion of Statements of Principles

7.         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.

Other definitions

8.For the purposes of this Statement of Principles:

“death from physical injury due to munitions discharge” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s physical injury due to munitions discharge;

“relevant service” means:

(a)       operational service; or

(b)       peacekeeping service; or

(c)       hazardous service;

“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

9. This Instrument applies to all matters to which section 120A of the Act applies.

Dated this       Twenty-third      day of              March         2000

The Common Seal of the    )

Repatriation Medical Authority                   )

was affixed to this instrument   )

in the presence of:   )

KEN DONALD

CHAIRMAN