Statement of Principles
concerning
EFFECTS OF LIGHTNING
Instrument No. 152 of 1995 as amended
made under section 196B(3) of the
Veterans’ Entitlements Act 1986
This compilation was prepared on 1 November 2007 taking into account Amendment of Statement of Principles concerning EFFECTS OF LIGHTNING (Instrument No. 198 of 1995)
Prepared by the Repatriation Medical Authority Secretariat, Brisbane
Statement of Principles
concerning
EFFECTS OF LIGHTNING
ICD CODE: 994.0
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 the effects of lightning and death from the effects of lightning 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, the effects of lightning or death from the effects of lightning is connected with the circumstances of that service, are:
(a) suffering or sustaining death or bodily injury from the effects of lightning; or
(b) inability to obtain appropriate clinical management for the effects of lightning.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 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 injury, being the effects of lightning, was sustained before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the effects of lightning and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e), or 70(5A)(d) of the Act.
4. For the purposes of this Statement of Principles:
“effects of lightning” means the death or bodily harm sustained by a person when struck by lightning, excluding external burn due to lightning, attracting ICD code 994.0;
“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.
Notes to Statement of Principles concerning EFFECTS OF LIGHTNING (Instrument No. 152 of 1995)
The Statement of Principles concerning EFFECTS OF LIGHTNING (Instrument No. 152 of 1995) in force under section 196B(3) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
Title | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
Statement of Principles concerning EFFECTS OF LIGHTNING (Instrument No. 152 of 1995) | 26 April 1995 (see Gazette 1995, No. GN 16) | 26 April 1995 | |
Amendment of Statement of Principles concerning EFFECTS OF LIGHTNING (Instrument No. 198 of 1995) | 31 May 1995 (see Gazette 1995, No. GN 21) | 31 May 1995 | |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Clause 4 – ‘effects of lightning’ | rs. Instrument No.198 of 1995 |
Overview
The Statement of Principles concerning Effects of Lightning (Instrument No. 152 of 1995) was enacted under section 196B(3) of the Veterans’ Entitlements Act 1986, establishing criteria for determining the relationship between the effects of lightning and the service rendered by veterans and members of the Forces. This legislative instrument was introduced to address the gap in recognising the impact of lightning strikes on service personnel and their eligibility for veterans' benefits. The Repatriation Medical Authority, operating under the authority of the Commonwealth Parliament, determined that on the balance of probabilities, the effects of lightning can be related to eligible war service or defence service, provided that either the individual suffered or sustained death or bodily injury from the effects of lightning, or was unable to obtain appropriate clinical management for those effects. This legislative instrument was intended to provide a clear framework for assessing claims related to lightning strikes, ensuring that those affected by such incidents are fairly considered for benefits and support.
Scope and Application
The Statement of Principles concerning EFFECTS OF LIGHTNING (Instrument No. 152 of 1995), made under section 196B(3) of the Veterans’ Entitlements Act 1986, applies to veterans and members of the Australian Defence Force (ADF) who have suffered or sustained death or bodily injury from the effects of lightning, or have been unable to obtain appropriate clinical management for the effects of lightning, provided these factors are related to their service. This legislation is intended to ensure that, on the balance of probabilities, the effects of lightning or death from the effects of lightning can be connected with the circumstances of their service, which does not include operational or hazardous service. The Statement of Principles is applicable nationally and extends to all veterans and ADF members who meet the specified criteria. Any amendments or updates to these principles are made through subordinate instruments, as evidenced by the Amendment of Statement of Principles concerning EFFECTS OF LIGHTNING (Instrument No. 198 of 1995).
Key Provisions
The Statement of Principles concerning EFFECTS OF LIGHTNING (Instrument No. 152 of 1995) under section 196B(3) of the Veterans’ Entitlements Act 1986, establishes that the effects of lightning or death from these effects can be related to eligible war service or defence service. This is based on the sound medical-scientific evidence available to the Repatriation Medical Authority. According to the Act, at least one of the factors must be related to the service rendered by a person. The key factors include suffering or sustaining death or bodily injury from the effects of lightning (section 1(a)), or the inability to obtain appropriate clinical management for the effects of lightning (section 1(b)). The latter factor applies only if the injury was sustained before a period or part of the service related to the effects of lightning (section 3(a)) and the relationship between the effects of lightning and the service is specified in certain subsections of the Act (section 3(b)).
The Statement of Principles also outlines the obligations and requirements imposed on parties governed by this legislation. For instance, to establish a connection between the effects of lightning and the service rendered, the affected individual must provide evidence that they either suffered or sustained death or bodily injury from the effects of lightning or were unable to obtain appropriate clinical management for the effects of lightning. These conditions must be directly related to the service rendered, and the service must be eligible under the Act. Additionally, if the injury from the effects of lightning was sustained prior to the service, the relationship between the effects and the service must align with specific subsections of the Act, as detailed in section 3.
Failure to comply with the provisions of the Statement of Principles concerning EFFECTS OF LIGHTNING may result in various consequences. However, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. The primary focus is on establishing the connection between the effects of lightning and the service rendered, and ensuring that the affected individuals receive appropriate recognition and benefits. The Act primarily serves to guide and inform the decision-making process for the Repatriation Medical Authority in assessing claims related to the effects of lightning.