Amendment Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 13 of 2024)

Administered by Department of Veterans' Affairs

Legislation au F2024L00044 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

ELECTRICAL INJURY

(REASONABLE HYPOTHESIS) (NO. 13 OF 2024)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 13 of 2024).

Background

2.             The Repatriation Medical Authority (the Authority) has determined, under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986 (the VEA), Amendment Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 13 of 2024).

3.             This Instrument amends Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 41 of 2018) (Federal Register of Legislation No. F2018L00535) by:

  • replacing the definition of 'electrical injury' in subsection 7(2);
  • replacing the existing factor in subsection 9(1) concerning having exposure to electrical current;
  • inserting a new factor in subsection 9(1A) concerning having exposure to an electric arc across the affected area of the body.

 

Day of Commencement

4.             This Instrument also specifies a day of commencement for the amendment in accordance with subsection 12(3) of the Legislation Act 2003.

Consultation

5.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to exposure as a factor in external burn in the Government Notices Gazette of 1 November 2022, and circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants.  The Authority invited submissions from the Repatriation Commission, the Military Rehabilitation and Compensation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field.  No submissions were received for consideration by the Authority in relation to the investigation.

Human Rights

6.             This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A Statement of Compatibility with Human Rights follows.

Finalisation of Investigation

7.             The determining of this Instrument finalises the investigation in relation external burn as advertised in the Government Notices Gazette of 1 November 2022.

References

8.             A list of references relating to the above condition is available on the Authority's website at: www.rma.gov.au. Any other document referred to in this Statement of Principles is available on request to the Repatriation Medical Authority at the following address:

              

Email:    info@rma.gov.au

Post:      The Registrar

Repatriation Medical Authority

GPO Box 1014

BRISBANE    QLD    4001

 


Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

Instrument No.:  Amendment Statement of Principles No. 13 of 2024

Kind of Injury, Disease or Death: Electrical injury

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

1. This Legislative Instrument is determined pursuant to subsection 196B(2) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).  Part XIA of the VEA requires the determination of these instruments outlining the factors connecting particular kinds of injury, disease or death with service such being determined solely on the available sound medical-scientific evidence.

2. This Legislative Instrument:-

  • facilitates claimants in making, and the Repatriation Commission and the Military Rehabilitation and Compensation Commission in assessing, claims under the VEA and the MRCA respectively, by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have electrical injury;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • Outlines the factors which the current sound medical-scientific evidence indicates must as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting electrical injury with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 41 of 2018; and
  • reflects developments in the available sound medical-scientific evidence concerning electrical injury which have occurred since that earlier instrument was determined. 

3. The Instrument is assessed as being a technical instrument which improves the medico-scientific quality of outcomes under the VEA and the MRCA. 

Human Rights Implications

4. This Legislative Instrument does not derogate from any human rights. It promotes the human rights of veterans, current and former Defence Force members as well as other persons such as their dependents, including:

  • the right to social security (Art 9, International Covenant on Economic, Social and Cultural Rights; Art 26, Convention on the Rights of the Child and Art 28, Convention on the Rights of Persons with Disabilities) by helping to ensure that the qualifying conditions for the benefit are 'reasonable, proportionate and transparent'[1];
  • the right to an adequate standard of living (Art 11, ICESCR; Art 27, CRC and Art 28, CRPD) by facilitating the assessment and determination of social security benefits;
  • the right to the enjoyment of the highest attainable standard of physical and mental health (Art 12, ICESCR and Art 25, CRPD), by facilitating the assessment and determination of compensation and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members;
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD); and
  • ensuring that those rights "will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" (Art 2, ICESCR).

Conclusion

This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights.

 

Repatriation Medical Authority

 

 

 

 

 

 

[1] In General Comment No. 19 (The right to social security), the Committee on Economic, Social and Cultural Rights said (at paragraph 24) this to be one of the elements of ensuring accessibility to social security.

Overview

The Amendment Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 13 of 2024) is an instrument determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative instrument amends the Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 41 of 2018) by redefining 'electrical injury', replacing the existing factor concerning exposure to electrical current, and introducing a new factor related to exposure to an electric arc across the affected area of the body. The amendment aims to align the legislation with the latest medical-scientific evidence and facilitate the claims process for veterans and current or former Defence Force members who have suffered electrical injuries. It does not derogate from any human rights and, in fact, promotes several rights, including the right to social security, the right to an adequate standard of living, and the right to the enjoyment of the highest attainable standard of physical and mental health. This instrument is compatible with the human rights and freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This Legislative Instrument was determined by the Repatriation Medical Authority and is aimed at improving the quality of outcomes under the VEA and the MRCA. It addresses the problem of ensuring that the qualifying conditions for benefits related to electrical injury are reasonable, proportionate, and transparent, thereby facilitating the assessment and determination of social security benefits and compensation for veterans and Defence Force members. The Authority undertook a process of consultation and advertised its intention to investigate the issue in the Government Notices Gazette before determining this Instrument. The Authority found no submissions for consideration but has now finalised the investigation. The Legislative Instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Amendment Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 13 of 2024) applies to veterans, current and former Defence Force members, and other eligible persons who have sustained electrical injuries. This legislative amendment under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 aims to facilitate claims for medical treatment and compensation for electrical injuries related to service. The amendment specifically amends the Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 41 of 2028) to refine the definition of 'electrical injury' and to include new factors such as exposure to an electric arc across the affected area of the body. The legislative instrument is applicable nationally across Australia and is designed to reflect the latest medical-scientific evidence concerning electrical injuries. It does not specify any exclusions or exemptions but rather ensures that claims are assessed based on sound medical-scientific evidence. The application of this Act can be further extended or restricted through subordinate instruments, although the current document does not detail any such provisions. The legislative instrument promotes human rights by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, and it does not derogate from any human rights as it is compatible with the International Covenant on Economic, Social and Cultural Rights and other relevant human rights instruments.

Key Provisions

The Amendment Statement of Principles concerning Electrical Injury (Reasonable Hypothesis) (No. 13 of 2024) amends the existing Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 41 of 2018) by making several significant changes. Firstly, it updates the definition of 'electrical injury' in subsection 7(2) to better align with the most recent medical-scientific evidence. Secondly, it replaces the existing factor in subsection 9(1) that addresses exposure to electrical current with a new, more specific factor concerning exposure to an electric arc across the affected area of the body, as detailed in subsection 9(1A). These changes aim to improve the accuracy and fairness of claims related to electrical injuries under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Act imposes specific obligations on parties and entities it governs, primarily the Repatriation Medical Authority (the Authority) and the Repatriation Commission, to ensure that the amended principles are accurately applied in the assessment and determination of claims. The Authority is responsible for determining these instruments and ensuring they reflect the most recent medical-scientific evidence. The Repatriation Commission, in turn, must use these principles to assess claims for compensation and medical treatment related to electrical injuries, ensuring that claimants receive the benefits they are entitled to under the VEA and the MRCA. Failure to comply with the provisions of this Act can lead to civil or criminal consequences. While the specific penalties are not detailed in the Explanatory Statement, breaches of the VEA and MRCA can result in penalties as outlined in those respective Acts. For instance, under the VEA, penalties may include fines or imprisonment for fraudulent claims or misrepresentations. The precise penalties would depend on the nature and severity of the breach, as well as the specific provisions of the VEA and MRCA that are contravened. It is essential for all parties involved to adhere to the amended principles to avoid potential legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.