{"id":"F2024L00033","name":"Statement of Principles concerning chemical burn (Balance of Probabilities) (No. 4 of 2024)","slug":"statement-of-principles-concerning-chemical-burn-balance-of-probabilities-no-4-of-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442242,"registerId":"F2024L00033-fast-fetch-1775957290870","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning chemical burn (Balance of Probabilities) (No. 4 of 2024)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nCHEMICAL BURN (Balance of Probabilities)\n\n(No. 4 of 2024)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n \n\nDated 22 December 2023.\n\n \n\n \n\n \n\n \n\n \n\n| The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:
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Professor Terence Campbell AM
Chairperson
|\n\n\n \n\n \n\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Repeal\n\n5 Application\n\n5 Definitions\n\n6 Kind of injury, disease or death to which this Statement of Principles relates\n\n7 Basis for determining the factors\n\n8 Factors that must exist\n\n9 Relationship to service\n\n10 Factors referring to an injury or disease covered by another Statement of Principles\n\nSchedule 1 - Dictionary\n\n1 Definitions\n\n \n\n\n\n\n1 Name\n\nThis is the Statement of Principles concerning chemical burn (Balance of Probabilities) (No. 4 of 2024).\n\n2 Commencement\n\n This instrument commences on 22 January 2024.\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning external burn No. 111 of 2015 (Federal Register of Legislation No. F2015L01331) made under subsections 196B(3) and (8) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.\n\n6 Definitions\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n(1) This Statement of Principles is about chemical burn and death from chemical burn.\n\nMeaning of chemical burn\n\n(2) For the purposes of this Statement of Principles, chemical burn:\n\n(a) means an injury to the skin and external body covering tissues due to external contact with chemical agents; and\n\n(b) includes chemical burns of deep tissues and organs that are part of a multiple chemical burn injury that includes injury to the skin and external body covering tissues; and\n\n(c) excludes irritant contact dermatitis.\n\nNote: chemical burn may include a systemic response of the body with systemic inflammation and vascular shock.\n\nDeath from chemical burn\n\n(3) For the purposes of this Statement of Principles, chemical burn, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's chemical burn.\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n8 Basis for determining the factors\n\nOn the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that chemical burn and death from chemical burn can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.\n\nNote: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.\n\n9 Factors that must exist\n\nAt least one of the following factors must exist before it can be said that, on the balance of probabilities, chemical burn or death from chemical burn is connected with the circumstances of a person's relevant service:\n\n(1) having contact with vesicant or corrosive chemicals sufficient to cause at least erythema at the affected area of the body within the 48 hours before the clinical onset of chemical burn;\n\n(2) inability to obtain appropriate clinical management for chemical burn before the clinical worsening of chemical burn.\n\n10 Relationship to service\n\n(1) The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.\n\n(2) The factor set out in subsection 9(2) applies only to material contribution to, or aggravation of, chemical burn where the person's chemical burn was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nIn this Statement of Principles:\n\n(1) if a factor referred to in section 9 applies in relation to a person; and\n\n(2) that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA;\n\nthen the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.\n\n \n\n \n\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\n chemical burn—see subsection 7(2).\n\n MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n relevant service means:\n\n(a) eligible war service (other than operational service) under the VEA;\n\n(b) defence service (other than hazardous service and British nuclear test defence service) under the VEA; or\n\n(c) peacetime service under the MRCA.\n\nNote: MRCA and VEA are defined in the Schedule 1 - Dictionary. \n\n terminal event means the proximate or ultimate cause of death and includes the following:\n\n(a) pneumonia;\n\n(b) respiratory failure;\n\n(c) cardiac arrest;\n\n(d) circulatory failure; or\n\n(e) cessation of brain function.\n\n VEA means the Veterans' Entitlements Act 1986.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier external burn Statement (s.4) and replaces it with a focused Statement limited to chemical burns (s.7). It narrows coverage by excluding irritant contact dermatitis (s.7(2)(c)), introduces specific causation tests (s.9) and limits the application of the treatment‑access factor to aggravation/material contribution in pre‑existing cases (s.10(2)). It also expressly includes death from chemical burn and defines terminal events (Schedule 1)."},"complexity_factors":["Narrow, technical medical definition with express inclusions and exclusions (chemical burn defined; irritant contact dermatitis excluded) — s.7(2).","A precise clinical and temporal causation threshold: contact with vesicant/corrosive chemicals causing at least erythema within 48 hours before clinical onset — s.9(1).","Conditional second factor (failure or inability to obtain appropriate clinical management) limited to material contribution/aggravation where the injury pre‑existed or was contracted before/during service but did not arise out of it — s.9(2), s.10(2).","Interaction and potential overlap with other Statements of Principles, requiring cross‑application where factors reference other injuries/diseases — s.11.","Repeal of the prior external burn Statement (No. 111 of 2015) creating a change in coverage and potential transitional interpretation issues — s.4.","Reliance on defined statutory terms and cross‑references (VEA, MRCA, relevant service, terminal event) which affect scope and application — s.5, Schedule 1.","Decision‑maker discretion to assess whether factors are 'related to' relevant service and the 'balance of probabilities' standard underpinning acceptance — s.8, s.10(1).","Evidentiary and administrative compliance burdens on claimants and clinicians to establish timing, clinical signs (erythema), causative exposure and access to treatment."],"plain_english_summary":"This Statement of Principles defines \"chemical burn\" for veterans' entitlement claims, sets the factual tests required to link a chemical burn (and death from it) to relevant service, and repeals the previous external burn statement. It applies to claims under the VEA and MRCA and changes the evidentiary thresholds decision-makers use — for example, proof of contact causing at least erythema within 48 hours or evidence of inability to obtain appropriate clinical management."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose: establishing the causal factors for chemical burn claims. It replaces a 2015 predecessor (Statement of Principles concerning external burn No. 111 of 2015) but does not expand beyond the specific medical condition of chemical burns and their relationship to veteran service. The scope remains tightly constrained to the statutory function under subsection 196B(3) of the Veterans' Entitlements Act 1986."},"complexity_factors":["Short, focused instrument (approximately 1,500 words)","Only 7 defined terms in the Dictionary (chemical burn, MRCA, relevant service, terminal event, VEA, plus recursive references)","Simple binary structure: two alternative factors in section 9, with one conditional limitation in section 10(2)","Single cross-reference mechanism in section 11 (referral to other Statements of Principles)","No nested exceptions or complex conditional logic beyond the 48-hour temporal requirement and the 'before/during service' limitation for clinical management factor","Clear delineation between included conditions (deep tissue burns as part of multiple injury) and excluded conditions (irritant contact dermatitis)"],"plain_english_summary":"This instrument sets the medical test the Repatriation Medical Authority will use to decide if a veteran’s chemical burn (or death from one) is connected to service, on the balance of probabilities. It affects veterans and former/current Defence Force members claiming under the VEA or MRCA and replaces a 2015 Statement of Principles to tighten evidentiary standards.\n\nTo succeed, claimants must show service‑related exposure to dangerous chemicals causing early skin reddening or a lack of timely treatment that let the injury worsen."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-chemical-burn-balance-of-probabilities-no-4-of-2024","history":"/api/acts/statement-of-principles-concerning-chemical-burn-balance-of-probabilities-no-4-of-2024/history","analysis":"/api/acts/statement-of-principles-concerning-chemical-burn-balance-of-probabilities-no-4-of-2024/analysis","conflicts":"/api/acts/statement-of-principles-concerning-chemical-burn-balance-of-probabilities-no-4-of-2024/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-chemical-burn-balance-of-probabilities-no-4-of-2024/important-cases","documents":"/api/acts/statement-of-principles-concerning-chemical-burn-balance-of-probabilities-no-4-of-2024/documents"}}