Instrument No.149 of 1995
Statement of Principles
concerning
NON FATAL EFFECTS OF ELECTRIC SHOCK AND DEATH FROM ELECTROCUTION
ICD CODE: 994.8
Veterans’ Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound medical-scientific evidence that indicates that injury from non fatal effects of electric shock and death from electrocution 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, the Repatriation Medical Authority determines, under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting injury from non fatal effects of electric shock and death from electrocution with the circumstances of that service, are:
(a) suffering or sustaining electrocution or electric shock; or
(b) inability to obtain appropriate clinical management for non fatal effects of electric shock.
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.
(a) the person’s non fatal effects of electric shock was suffered before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the non fatal effects of electric shock and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act.
4. For the purposes of this Statement of Principles:
“electric shock” means the deleterious effects to the body caused by exposure to electricity but does not include the effects of lightning, and which attracts ICD code 994.8;
“electrocution” means death by electric shock but does not include death from lightning, and which attracts ICD code 994.8;
“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 Thirteenth day of April 1995
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
Overview
The Veterans’ Entitlements Act 1986 was enacted to provide various benefits to veterans, members of peacekeeping forces, and members of the Australian Defence Force. The Act aims to address the problem of ensuring that veterans and other eligible service personnel receive appropriate compensation and healthcare for injuries and illnesses related to their service. This particular Statement of Principles, issued under subsection 196B(2) of the Act, addresses the specific issue of injuries arising from non-fatal effects of electric shock and death from electrocution, identifying the necessary factors for establishing a connection between such injuries and the circumstances of the service. The Statement of Principles was determined by the Repatriation Medical Authority, which is tasked with providing medical advice and recommendations to the government on matters relating to veterans' health and compensation. The policy objective of this Statement of Principles is to ensure that veterans and service personnel who have suffered from the non-fatal effects of electric shock or death from electrocution, and who meet the specified criteria, can access the necessary benefits and support under the Act.
Scope and Application
The Statement of Principles concerning Non Fatal Effects of Electric Shock and Death from Electrocution, outlined in the legislative instrument F2008B00316, pertains to veterans, members of peacekeeping forces, and members of the Australian Defence Force who have been exposed to hazardous conditions during their service. This Statement of Principles applies to individuals who have suffered from the non-fatal effects of electric shock or have died from electrocution, provided that these incidents are linked to their service. Specifically, the legislation requires that the injury or death must have a documented relationship to the service, either by having occurred before or during the relevant service period and fitting within the specific service-related criteria outlined in the Veterans’ Entitlements Act 1986. The geographic reach of this legislation is national, applying across all states and territories of Australia. There are no stated exclusions or exemptions, although the application is contingent on the conditions specified within the legislation. The application of this Act can be extended or restricted through subordinate instruments, which may provide further clarification or detail on the implementation of the Act.
Key Provisions
The Statement of Principles under subsection 196B(2) of the Veterans’ Entitlements Act 1986 sets out the criteria for linking injuries from non-fatal effects of electric shock and death from electrocution to operational, peacekeeping, or hazardous service. According to section 1, the key factors are either the individual suffering or sustaining an electric shock or electrocution, or the inability to obtain appropriate clinical management for the non-fatal effects of electric shock. Section 2 specifies that at least one of these factors must be connected to the service in question, with the relationship between the injury and the service outlined in paragraphs 8(1)(e), 9(1)(e), 70(5)(d), or 70(5A)(d) of the Act. These provisions ensure that there is a clear and direct connection between the injury and the service rendered by the veteran, peacekeeping force member, or member of the Forces.
The Act imposes specific obligations on the parties involved. For instance, veterans, peacekeeping force members, or members of the Forces must provide evidence that they suffered or sustained an electric shock or electrocution during their service, or that they were unable to obtain appropriate clinical management for non-fatal effects of electric shock. Additionally, they must demonstrate that the injury was related to their service, as defined in the Act. These obligations are crucial for establishing the necessary link between the service and the injury, ensuring that claimants can substantiate their claims with relevant medical and service records.
Breach of the obligations set out in the Statement of Principles could lead to legal consequences. While the Act itself does not specify offences or penalties for non-compliance, failure to provide adequate evidence or misrepresenting service details could result in the rejection of a claim. This could have significant implications for veterans, peacekeeping force members, and members of the Forces, as it may deny them access to the benefits and compensation to which they are entitled. In such cases, the decision of the Repatriation Medical Authority is final and binding, and any further disputes would need to be resolved through the appropriate legal channels.