REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 32 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. 150 of 1995 determined under subsection 196B(3) of the VEA concerning non fatal effects of electric shock and death from electrocution; and
(ii) Instrument No. 152 of 1995, as amended by Instrument No. 198 of 1995, determined under subsection 196B(3) of the VEA concerning effects of lightning.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 32 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 exist, and which of those factors must be related to the following kinds of service rendered by a person:
eligible war service (other than operational service) under the VEA;
defence service (other than hazardous service) under the VEA;
peacetime service under the MRCA,
before it can be said that, on the balance of probabilities, electrical injury or death from electrical injury is connected 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