REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 31 of 2009
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), revokes:
(i) Instrument No. 149 of 1995 determined under subsection 196B(2) of the VEA concerning non fatal effects of electric shock and death from electrocution; and
(ii) Instrument No. 151 of 1995, as amended by Instrument No. 197 of 1995, determined under subsection 196B(2) of the VEA concerning effects of lightning.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that electrical injury and death from electrical injury can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles, Instrument No. 31 of 2009 concerning electrical injury. This Instrument will in effect replace the revoked Statements of Principles.
3. The provisions of the Military Rehabilitation and Compensation Act 2004 (the MRCA) relating to claims for compensation commenced on 1 July 2004. Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.
4. The Statement of Principles sets out the factors that must as a minimum exist, and which of those factors must be related to the following kinds of service rendered by a person:
operational service under the VEA;
peacekeeping service under the VEA;
hazardous service under the VEA;
warlike service under the MRCA;
non-warlike service under the MRCA,
before it can be said that a reasonable hypothesis has been raised connecting electrical injury or death from electrical injury, with the circumstances of that service.
5. This new instrument results from investigations notified by the Authority in the Government Notices Gazette of 2 May 2007 concerning non fatal effects of electric shock and death from electrocution and effects of lightning, in accordance with section 196G of the VEA. The investigations involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.
6. The contents of the new Instrument are in similar terms as the revoked Instruments. Comparing the new and the revoked Instruments, the differences include:
- adopting the latest revised Instrument format, which commenced in 2005;
- deleting the ICD code from the Instrument header;
- combining and renaming the Instruments of "non fatal effects of electric shock and death from electrocution" and "effects of lightning" as "electrical injury";
- new definition of 'electrical injury' in clause 3;
- revising factor 6(a) concerning 'exposure to electrical current';
- new definitions of 'death from electrical injury', 'exposure to electrical current', 'ICD-10-AM code', 'relevant service' and 'terminal event' in clause 9;
- deleting definition of 'ICD code'; and
- specifying a date of effect for the Instrument in clause 11.
7. Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.
8. Prior to determining this instrument, the Authority advertised its intention to undertake an investigations in relation to non fatal effects of electric shock and death from electrocution and effects of lightning in the Government Notices Gazette of 2 May 2007, 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, 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 during the investigation.
9. The determining of this new instrument finalises the investigations in relation to non fatal effects of electric shock and death from electrocution and effects of lightning as advertised in the Government Notices Gazette of 2 May 2007.
10. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Veterans' Entitlements Act 1986 (VEA) and Military Rehabilitation and Compensation Act 2004 (MRCA) were enacted to provide entitlements and compensation for Australian Defence Force members, veterans, and their families in the event of injury, disease, or death related to service. The Repatriation Medical Authority (RMA), pursuant to subsection 196B(2) of the VEA, has determined a Statement of Principles concerning electrical injury, effective from 2009, to address the medical-scientific evidence indicating a relationship between electrical injuries and particular kinds of service. This new instrument replaces the previously revoked statements of principles on non-fatal effects of electric shock and death from electrocution, and effects of lightning. The new instrument adopts the latest revised Instrument format, includes a new definition of 'electrical injury', and revises certain definitions to align with the commencement of the MRCA. The Authority invited submissions from relevant organisations and experts during the investigation, but none were received. This determination finalises the investigations into electrical injuries as advertised in the Government Notices Gazette of 2 May 2007.
Scope and Application
The Repatriation Medical Authority Instrument No. 31 of 2009, which amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, applies to veterans and service personnel who have sustained electrical injuries or died from such injuries during specific kinds of service. The Authority, under subsection 196B(8) of the VEA, has revoked previous instruments concerning non-fatal effects of electric shock and death from electrocution, as well as the effects of lightning, replacing them with this new Instrument which consolidates the previous two into one Statement of Principles concerning electrical injury. This change is relevant for claims under section 319 of the MRCA for injuries or deaths occurring on or after 1 July 2004, and it affects operational, peacekeeping, hazardous, warlike, and non-warlike services as defined under the VEA and MRCA. The Authority has determined this new Statement of Principles based on the latest sound medical-scientific evidence, which is applicable nationally across Australia. The Authority’s determination follows investigations and consultations with relevant organisations and experts, though no submissions were received during the investigation. The Authority, through its Secretary, may further extend or restrict the application of this Instrument by issuing subordinate instruments.
Key Provisions
The Repatriation Medical Authority (the Authority) has issued Instrument No. 31 of 2009, which revokes two previous instruments: Instrument No. 149 of 1995 concerning non-fatal effects of electric shock and death from electrocution, and Instrument No. 151 of 1995, as amended by Instrument No. 197 of 1995, concerning effects of lightning. This new instrument, which is effective from a date specified in clause 11, replaces the revoked instruments and is intended to provide updated and consolidated guidance on electrical injury, as per subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA). The Authority has determined this Statement of Principles based on sound medical-scientific evidence, to address the connection between electrical injury or death from electrical injury and specific types of service.
The Statement of Principles outlines the minimum factors that must be present and related to various types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service, before a reasonable hypothesis can be raised that the electrical injury or death from electrical injury is connected to the circumstances of the service. The new instrument adopts the latest revised format, introduces new definitions, and revises certain factors to reflect the latest medical-scientific evidence. Additionally, the format of the instrument has been updated to reflect the commencement of the Military Rehabilitation and Compensation Act 2004 (MRCA) and to clarify that the Statement of Principles applies to both the VEA and the MRCA, pursuant to subsection 196B(3A) of the VEA.
The Authority has imposed obligations on itself to ensure that the new instrument is based on sound medical-scientific evidence and that it reflects the latest understanding of electrical injury. The Authority also undertook an investigation, as required by section 196G of the VEA, which involved an examination of available medical-scientific evidence. The Authority advertised its intention to undertake the investigation in the Government Notices Gazette of 2 May 2007 and invited submissions from relevant organisations and experts, although no submissions were received. The determination of this new instrument finalises the investigation process.
There are no specific offences, penalties, or civil/criminal consequences outlined in the explanatory notes for breaches of the provisions of this instrument. However, under the VEA and the MRCA, individuals or entities who do not comply with the provisions of the Act, or who provide false or misleading information in support of a claim, may face civil or criminal penalties, including fines and imprisonment. The maximum penalties for such offences vary depending on the specific provision breached and the jurisdiction in which the offence is committed.