Instrument No.163 of 1995
Statement of Principles
concerning
ANIMAL envenomation
ICD CODE: 989.5
Veterans' Entitlements Act 1986
subsection 196B(3)
1. Being of the view that, on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that animal envenomation and death from animal envenomation can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must exist before it can be said that, on the balance of probabilities, animal envenomation or death from animal envenomation is connected 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), or 70(5)(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 Twenty-fifth 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, published under the authority of the Veterans' Entitlements Act 1986, was enacted to address the issue of connecting animal envenomation and subsequent death from animal envenomation to eligible war service or defence service. This legislative instrument was introduced to ensure that veterans and members of the forces who were bitten, stung, or injured by venomous animals, or who were unable to obtain appropriate clinical management for their condition, could have their cases assessed for a probable connection to their service. The Repatriation Medical Authority, acting under subsection 196B(3) of the Act, established the criteria for determining such connections, ensuring that the service rendered by the individual must be related to the factors of being bitten or stung by a venomous animal or the inability to obtain appropriate clinical management. This Statement of Principles aims to provide clarity and a structured approach to evaluating claims related to animal envenomation in the context of military service.
Scope and Application
The Statement of Principles concerning Animal Envenomation, issued under subsection 196B(3) of the Veterans’ Entitlements Act 1986, applies specifically to veterans and members of the Defence Forces who have experienced animal envenomation. The scope of the legislation extends to individuals who have been bitten, stung, or injured by a venomous animal immediately before the onset of envenomation or have been unable to obtain appropriate clinical management for the envenomation. This principle is applicable to services rendered by veterans and members of the Defence Forces, other than operational or hazardous service. The instrument delineates that animal envenomation includes experiencing the poisonous effects of venom delivered by venomous animals, which are defined to include snakes, spiders, insects, centipedes, millipedes, and marine animals, among others. The geographic and jurisdictional reach of this legislation is inherently tied to the application of the Veterans’ Entitlements Act 1986, which is Commonwealth legislation. There are no explicit exclusions stated in the instrument, but the application is contingent upon the specific service circumstances and the relationship between the envenomation and the service rendered. The instrument may be subject to further interpretation and application through subordinate instruments under the overarching Act.
Key Provisions
The Statement of Principles concerning Animal Envenomation under subsection 196B(3) of the Veterans’ Entitlements Act 1986 sets forth specific criteria that must be met for a veteran or member of the Forces to establish a link between animal envenomation or death from such envenomation and their service (section 1). These criteria include being bitten, stung, or injured by a venomous animal immediately before the clinical onset of envenomation, or the inability to obtain appropriate clinical management for the envenomation (section 1(a) and (b)). Additionally, the inability to obtain appropriate clinical management applies only if the envenomation occurred before a period of service, and the relationship between the envenomation and the service is as outlined in specific paragraphs of the Act (section 3).
The Repatriation Medical Authority imposes obligations on veterans and members of the Forces who seek to establish a connection between their service and animal envenomation. They must demonstrate that at least one of the factors specified in the Statement of Principles is related to their service (section 2). This involves providing evidence that they were bitten, stung, or injured by a venomous animal in a manner that aligns with the timeline and circumstances of their service. Furthermore, if the claim is based on the inability to obtain appropriate clinical management, it must be shown that this inability occurred before the service period in question and is related to the service as per the Act's specified relationships.
Breach of the provisions outlined in the Statement of Principles does not explicitly state offences, penalties, or consequences within the text. However, under the general provisions of the Veterans’ Entitlements Act 1986, any fraudulent claims or misrepresentations could lead to civil or criminal penalties. The Act provides for various sanctions, including fines and imprisonment, for those who wilfully provide false information or engage in fraudulent activities in relation to veterans' entitlements. The specific penalties would depend on the nature and severity of the offence, as outlined in the broader legislative framework of the Act.