Instrument No.150 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(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 injury from non fatal effects of electric shock and death from electrocution 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, injury from non fatal effects of electric shock and death from electrocution is connected 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 prior to 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), or 70(5)(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 Statement of Principles concerning Non Fatal Effects of Electric Shock and Death from Electrocution ICD Code: 994.8, enacted in 1995 by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, addresses the issue of linking non-fatal effects of electric shock and death from electrocution to eligible war service or defence service rendered by veterans and members of the Forces. This instrument seeks to provide a clear framework for determining the circumstances under which such injuries or deaths can be considered connected to service, thereby facilitating the provision of appropriate entitlements and support to affected individuals. The policy objective is to ensure that veterans and members of the Forces who suffer from these specific conditions receive the benefits they are entitled to based on the sound medical-scientific evidence available.
Scope and Application
The Statement of Principles concerning NON FATAL EFFECTS OF ELECTRIC SHOCK AND DEATH FROM ELECTROCUTION, issued under the Veterans’ Entitlements Act 1986, applies to veterans and members of the Australian Defence Force who have suffered or sustained electrocution or electric shock, or who have been unable to obtain appropriate clinical management for non-fatal effects of electric shock. This applies to those who rendered service other than operational or hazardous service. The Statement of Principles delineates the circumstances under which it is likely that such injuries are connected with their service, which in turn may affect eligibility for veterans' entitlements. The geographic reach of this legislation is nationwide, impacting individuals across Australia. The Statement of Principles excludes the effects of lightning and applies only to injuries coded under ICD 994.8. Any further application or interpretation of this Statement of Principles can be extended or restricted through subordinate instruments as deemed necessary by the Repatriation Medical Authority.
Key Provisions
The Statement of Principles concerning Non Fatal Effects of Electric Shock and Death from Electrocution (F2008B00317) sets out the criteria under which the Repatriation Medical Authority can determine that injuries from non-fatal effects of electric shock and death from electrocution are connected to eligible war service or defence service. The key operative sections of this legislative instrument are Section 1, which identifies the two factors necessary for a connection to be made between such injuries and the service, and Section 2, which stipulates that at least one of these factors must be related to the service in question (Sections 1 and 2). Section 4 provides definitions for terms used within the Statement of Principles, such as "electric shock," "electrocution," and "ICD code."
The obligations imposed by the Act on the parties governed by it include ensuring that any claims for injuries related to non-fatal effects of electric shock or death from electrocution are substantiated by evidence that meets the criteria set out in the Statement of Principles. Specifically, claimants must demonstrate that they either suffered or sustained electrocution or electric shock, or they were unable to obtain appropriate clinical management for the non-fatal effects of electric shock, and that this event is connected to their service, either occurring before or during the relevant period of service (Sections 1 and 2). Additionally, claimants must establish a relationship between their injury and their service, as outlined in specific subsections of the Veterans’ Entitlements Act 1986.
The Statement of Principles also outlines the consequences for breach of its provisions, although it does not specify any particular offences or penalties within its text. However, under the broader framework of the Veterans’ Entitlements Act 1986, there may be civil or criminal consequences for providing false information or fraudulent claims. These consequences could include fines, imprisonment, or other penalties as determined by the relevant authorities. The exact nature and severity of these penalties would depend on the specific circumstances of the breach and the provisions of the overarching Act.