Statement of Principles concerning effects of lightning No. 151 of 1995

Overview

The Statement of Principles concerning EFFECTS OF LIGHTNING (Instrument No. 151 of 1995) was enacted under section 196B(2) of the Veterans’ Entitlements Act 1986, with the objective of providing a framework for determining whether the effects of lightning or death from such effects 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. This Statement of Principles was introduced to address the gap in recognition and support for veterans and service personnel who suffer the effects of lightning as a result of their service. The enacting body was the Repatriation Medical Authority, which established these principles to ensure that veterans and service personnel receive appropriate recognition and support for injuries related to lightning strikes. The policy objective is to facilitate the process of connecting the effects of lightning with the circumstances of service to ensure that eligible individuals can access the necessary entitlements and benefits.

Scope and Application

The Statement of Principles concerning EFFECTS OF LIGHTNING, instrument number 151 of 1995, as amended, applies to veterans, members of peacekeeping forces, and members of the Defence Force who have suffered the effects of lightning or death from those effects as a result of their service. The legislation falls under the Commonwealth jurisdiction and is made pursuant to section 196B(2) of the Veterans’ Entitlements Act 1986. The Statement outlines the medical-scientific evidence required to establish a connection between the effects of lightning and the service rendered by these individuals, setting out specific factors that must be present. It applies to any service, including operational service, peacekeeping service, or hazardous service, where the individual has suffered or sustained death or bodily injury from lightning, or has been unable to obtain appropriate clinical management for the effects of lightning. The instrument excludes external burns due to lightning. The Statement may be extended or restricted through subordinate instruments, as indicated in the legislative instrument.

Key Provisions

The Statement of Principles concerning Effects of Lightning (Instrument No. 151 of 1995), made under section 196B(2) of the Veterans’ Entitlements Act 1986, outlines the minimum factors that must be present to establish a reasonable hypothesis connecting the effects of lightning or death from the effects of lightning with operational, peacekeeping, or hazardous service rendered by veterans, peacekeeping forces members, or forces members (1). These factors include suffering or sustaining death or bodily injury from the effects of lightning or being unable to obtain appropriate clinical management for such effects (1(a)-(b)). It is important to note that the inability to obtain appropriate clinical management applies only if the injury was sustained before the service period to which it is related, and the relationship between the effects of lightning and the service must be specified in the Act (1(b), 3). The Statement of Principles imposes specific obligations on the parties involved. It mandates that at least one of the aforementioned factors must be related to any service rendered by an individual. This means that veterans or service members seeking to claim entitlements or benefits related to the effects of lightning must demonstrate that they meet one or both of the outlined criteria. Additionally, the inability to obtain appropriate clinical management must have occurred before the service period to which it is related, and the relationship between the effects of lightning and the service must be explicitly stated in the Act (3). There are no specific offences or penalties outlined in the Statement of Principles concerning Effects of Lightning. However, the determination of the Repatriation Medical Authority is binding and cannot be challenged in a court of law. This means that if a claim is denied based on the criteria set out in the Statement of Principles, there is no legal recourse available to the claimant. The consequences of a denied claim are limited to the individual's ability to obtain entitlements or benefits related to the effects of lightning. In summary, the Statement of Principles concerning Effects of Lightning sets out the minimum criteria that must be met to establish a reasonable hypothesis connecting the effects of lightning or death from the effects of lightning with operational, peacekeeping, or hazardous service. It imposes obligations on claimants to demonstrate that they meet one or both of the criteria and that the inability to obtain appropriate clinical management occurred before the service period to which it is related. While there are no specific offences or penalties outlined in the Statement of Principles, the determination of the Repatriation Medical Authority is binding and cannot be challenged in a court of law.