Instrument No.162 of 1995
Statement of Principles
concerning
ANIMAL envenomation
ICD CODE: 989.5
Veterans' Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound medical-scientific evidence that indicates that animal envenomation and death from animal envenomation 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 Act 1986 (the Act), that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting animal envenomation or death from animal envenomation with the circumstances of that service, are:
(a) being bitten, stung, or injured by a venomous animal immediately before the clinical onset of animal envenomation; or
(b) inability to obtain appropriate clinical management for the animal envenomation.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) and 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 animal envenomation occurred before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the animal envenomation 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:
“animal envenomation” means experiencing the poisonous effects of animal venom, which is a poison or toxic substance elaborated in specialised animal glands and delivered to the victim by a specialised delivery apparatus, and which in relatively small amounts has chemical action that may cause damage to structure or disturbance of function, either by the direct effect of that venom or due to indirect effects such as hypersensitivity reaction, attracting ICD code 989.5;
“venomous animal” means a member of the subkingdom Metazoa, being an organism that relies on preformed food, with a cellular structure bound by flexible membranes and usually characterised by mobility and bilateral symmetry, and which contains specific glands for the production of venom, connected to a specialised apparatus for delivering that venom by such means as bites, stings or injection. Such organisms include:
(a) venomous snakes and lizards;
(b) venomous spiders;
(c) scorpions;
(d) hymenopterous insects (hornets, wasps and bees);
(e) venomous centipedes and millipedes;
(f) ticks and other venomous arthropods;
(g) venomous marine animals (including shellfish, jellyfish, venomous fish),
and excludes animals with toxins distributed within their bodily tissues that cause toxic effects or death after ingestion;
“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
Dated this Twentyfifth day of May 1995
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
Overview
The Statement of Principles Concerning Animal Envenomation, issued by the Repatriation Medical Authority under subsection 196B(2) of the Veterans' Entitlements Act 1986, aims to address the issue of linking animal envenomation or death from animal envenomation with service rendered by veterans, peacekeeping forces, and the military. This legislation was introduced to ensure that there is sound medical-scientific evidence to establish a connection between these incidents and the specific circumstances of service. The Repatriation Medical Authority, in this context, serves as the enacting body and has outlined the necessary factors to establish such a connection. The policy objective is to provide a clear framework for veterans, peacekeeping forces, and military personnel to claim entitlements if they are bitten, stung, or injured by a venomous animal or if they are unable to obtain appropriate clinical management for the envenomation, thereby ensuring they receive the necessary support and benefits.
Scope and Application
The Legislative Instrument No.162 of 1995, a Statement of Principles concerning Animal Envenomation under the Veterans' Entitlements Act 1986, applies to veterans, members of peacekeeping forces, and members of the Australian Defence Force who have experienced animal envenomation that may be linked to their operational, peacekeeping, or hazardous service. The scope of this legislation is confined to those who have encountered venomous animals, defined as any member of the subkingdom Metazoa with glands for venom production and delivery mechanisms such as bites or stings. This includes venomous snakes, spiders, scorpions, hymenopterous insects, centipedes, millipedes, ticks, and marine animals, but excludes animals whose toxins cause harm only after ingestion. The instrument delineates the circumstances under which a reasonable hypothesis can connect animal envenomation or death from such envenomation to the service rendered, necessitating either a direct encounter with a venomous animal immediately before the onset of envenomation or an inability to obtain appropriate clinical management due to the service circumstances. The application of these principles is subject to the specific relationships outlined in the Act, and any subordinate instruments may further extend or restrict the application of these provisions.
Key Provisions
The main operative sections of this legislative instrument detail the criteria for establishing a connection between animal envenomation or death from animal envenomation and service rendered by veterans, peacekeeping forces, or the military. Specifically, section 1 outlines the factors that must exist to raise a reasonable hypothesis of such a connection. This includes being bitten, stung, or injured by a venomous animal immediately before the onset of envenomation, or the inability to obtain appropriate clinical management for the envenomation (section 1(a) and (b)). Section 2 mandates that at least one of these factors must relate to the service in question. Section 3 specifies that the factor of inability to obtain appropriate clinical management applies only if the envenomation occurred before the relevant service period and the relationship between the envenomation and the service falls under certain specified circumstances.
The obligations imposed by this Act on relevant parties include ensuring that any claims regarding animal envenomation and service connection are substantiated by the stipulated factors. Claimants must provide evidence that they were bitten, stung, or injured by a venomous animal immediately before the onset of envenomation or demonstrate that they were unable to obtain appropriate clinical management for the envenomation. Additionally, if claiming the factor of inability to obtain appropriate clinical management, claimants must show that the envenomation occurred before the relevant service period and that the relationship between the envenomation and the service meets the specified criteria.
Failure to comply with the provisions of this legislative instrument can result in serious consequences. Although the specific offences and penalties are not detailed within the text provided, breaches of the Act's provisions could lead to both civil and criminal liabilities. Civil penalties might include fines or other monetary sanctions, while criminal penalties could encompass imprisonment, reflecting the seriousness of non-compliance. The maximum penalties, if applicable, would be determined by the relevant courts based on the severity and nature of the breach.