{"id":"F2018L00535","name":"Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 41 of 2018)","slug":"statement-of-principles-concerning-electrical-injury-reasonable-hypothesis-no-41-of-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100020,"registerId":"commonwealth-F2018L00535-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 41 of 2018)","content":"![Commonwealth Coat of Arms](image.001.png)\n\nStatement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 41 of 2018)\n\nmade under subsection 196B(2) of the\n\nVeterans' Entitlements Act 1986\n\nCompilation No. 1\n\nCompilation date: 22 January 2024\n\nIncludes amendments: Amendment Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 13 of 2024) (F2024L00044)\n\nThe day of commencement of this Amendment Statement of Principles concerning electrical injury is 22 January 2024.\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 41 of 2018) that shows the text of the law as amended and in force on 22 January 2024.\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nContents\n\n1 Name\n\n3 Authority\n\n5 Application\n\n6 Definitions\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n8 Basis for determining the factors\n\n9 Factors that must exist\n\n10 Relationship to service\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nSchedule 1 - Dictionary\n\n1 Definitions\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\n  \n\n1 Name\n\nThis is the Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 41of 2018).\n\n3 Authority\n\nThis instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 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 electrical injury and death from electrical injury.\n\nMeaning of electrical injury\n\n(2) For the purposes of this Statement of Principles, electrical injury:\n\n(a) means physical damage to the body as a direct result of the flow of electrical current through the body or across the body surface; and\n\n(b) includes such damage from:\n\n(i) an external manufactured source (including an implanted electrical device); or\n\n(ii) being struck by lightning; or\n\n(iii) being in the immediate vicinity of a lightning strike; and\n\n(iv) electrical contact burns; and\n\n(v) electrical flash burns.\n\n(c) excludes any consequences from exposure to external electromagnetic radiation.\n\n(3) While electrical injury attracts ICD‑10‑AM code T75.0 or T75.4, in applying this Statement of Principles the meaning of electrical injury is that given in subsection (2).\n\n(4) For subsection (3), a reference to an ICD-10-AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4.\n\nDeath from electrical injury\n\n(5) For the purposes of this Statement of Principles, electrical injury, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's electrical injury.\n\n> Note: terminal event is defined in the Schedule 1 – Dictionary.\n\n8 Basis for determining the factors\n\nThe Repatriation Medical 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 relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the MRCA.\n\n> Note: 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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting electrical injury or death from electrical injury with the circumstances of a person's relevant service:\n\n(1) having exposure to electrical current at the time of clinical onset;\n\n(1A) having exposure to an electric arc across the affected area of the body at the time of clinical onset;\n\n(2) inability to obtain appropriate clinical management for electrical injury.\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, electrical injury where the person's electrical injury 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(2) 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\nSchedule 1 \\- Dictionary\n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\nelectrical injury—see subsection 7(2).\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nrelevant service means:\n\n(a) operational service under the VEA;\n\n(b) peacekeeping service under the VEA;\n\n(c) hazardous service under the VEA;\n\n(d) British nuclear test defence service under the VEA;\n\n(e) warlike service under the MRCA; or\n\n(f) non-warlike service under the MRCA.\n\n> Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.\n\nterminal 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\nVEA means the Veterans' Entitlements Act 1986.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted                         | orig = original                     |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended                                   | par = paragraph(s)/subparagraph(s)  |\n| amdt = amendment                               | /sub‑subparagraph(s)                |\n| c = clause(s)                                  | pres = present                      |\n| C[x] = Compilation No. x                       | prev = previous                     |\n| Ch = Chapter(s)                                | (prev…) = previously                |\n| def = definition(s)                            | Pt = Part(s)                        |\n| Dict = Dictionary                              | r = regulation(s)/rule(s)           |\n| disallowed = disallowed by Parliament          | reloc = relocated                   |\n| Div = Division(s)                              | renum = renumbered                  |\n| exp = expires/expired or ceases/ceased to have | rep = repealed                      |\n| effect                                         | rs = repealed and substituted       |\n| F = Federal Register of Legislation            | s = section(s)/subsection(s)        |\n| gaz = gazette                                  | Sch = Schedule(s)                   |\n| LA = Legislation Act 2003                      | Sdiv = Subdivision(s)               |\n| LIA = Legislative Instruments Act 2003         | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment       | SR = Statutory Rules                |\n| cannot be given effect                         | Sub‑Ch = Sub‑Chapter(s)             |\n| mod = modified/modification                    | SubPt = Subpart(s)                  |\n| No. = Number(s)                                | underlining = whole or part not     |\n| o = order(s)                                   | commenced or to be commenced        |\n| Ord = Ordinance                                |                                     |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                                    | Registration              | Commencement    | Application, saving and transitional provisions |\n| ------------------------------------------------------------------------------------------------------- | ------------------------- | --------------- | ----------------------------------------------- |\n| Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 41 of 2018)           | 30 April 2018F2018L00535  | 28 May 2018     |                                                 |\n| Amendment Statement of Principles concerning electrical injury (Reasonable Hypothesis) (No. 13 of 2024) | 8 January 2024F2024L00044 | 22 January 2024 |                                                 |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected   | How affected      |\n| -------------------- | ----------------- |\n| Section 2……………….     | rep LA s 48D      |\n| Section 4……………….     | rep LA s 48C      |\n| Subsection 7(2)……….. | am No. 13 of 2024 |\n| Subsection 9(1)……….. | am No. 13 of 2024 |\n| Subsection 9(1A)………  | ad No. 13 of 2024 |","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose. The 2024 amendment added electric arc exposure as a specific factor and refined the definition of electrical injury, but this represents a clarification/expansion within the original scope of electrical injury compensation rather than mission creep into unrelated areas."},"complexity_factors":["Short instrument: approximately 12 substantive sections plus a brief dictionary","Minimal cross-referencing: only refers to parent Acts (VEA and MRCA) and ICD-10-AM classification system","Simple conditional structure: only 3 factors in section 9, with 'at least one' threshold","Limited defined terms: only 6 defined terms in Schedule 1 (electrical injury, MRCA, relevant service, terminal event, VEA, plus self-referential definitions)","Single amendment of substance: 2024 amendment added one new factor (9(1A)) and modified existing definitions, but did not restructure the instrument","Clear scope: tightly focused on one specific injury type with explicit exclusions (electromagnetic radiation)","No nested exceptions: section 9(2) has a limitation but it is straightforward and clearly delineated"],"plain_english_summary":"This Statement of Principles sets the medical rules for deciding whether veterans and current/former defence members can get compensation under the VEA or MRCA for electrical injury or death related to service. It covers shocks from equipment or implants, lightning, and electrical burns, but excludes harm from electromagnetic radiation.\n\nTo qualify, a claimant must link the injury to service by showing exposure to electrical current, exposure to an electric arc (added 2024), or inability to obtain appropriate treatment—establishing the legal threshold for entitlement."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument's scope was modified by amendments (see Endnote 4): subsection 7(2) (definition of 'electrical injury') was amended and subsection 9(1) was amended while subsection 9(1A) was added to expressly include exposure to an electric arc. These changes broaden and clarify the circumstances that can raise a reasonable hypothesis of service connection by adding a new qualifying factor and adjusting the definition of covered injury."},"complexity_factors":["Cross-reference to two Acts (VEA and MRCA) and the concept of 'relevant service' increases legal-context complexity (Schedule 1 definitions).","Medical‑scientific threshold: 'reasonable hypothesis' standard and RMA discretion in setting the evidence base (s8, s9).","Interplay with external clinical classifications (ICD‑10‑AM) but instrument uses its own definition (s7(3)-(4)).","Limited, criteria‑based list of qualifying factors requires factual proof (exposure, electric arc, or lack of appropriate clinical management) (s9).","Relationship-to-service and temporal limits add causation and attribution complexity (s10).","Provision that refers to other Statements of Principles creates dependency and layering of instruments (s11).","Recent amendments altered the definition and added an electric‑arc factor, requiring attention to amendment history (Endnote 4)."],"plain_english_summary":"This instrument sets medical criteria to decide whether electrical injury (including death) is connected to a person’s service under the VEA or MRCA, affecting veterans and service members who lodge entitlement claims.\n\nIt defines electrical injury (lightning, implanted devices; not electromagnetic radiation) and requires at least one qualifying factor—exposure to electrical current, electric‑arc exposure (added 2024), or failure to obtain appropriate clinical care—before a “reasonable hypothesis” of service connection can be made. Claims decisions apply the Repatriation Medical Authority’s medical view."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-electrical-injury-reasonable-hypothesis-no-41-of-2018","history":"/api/acts/statement-of-principles-concerning-electrical-injury-reasonable-hypothesis-no-41-of-2018/history","analysis":"/api/acts/statement-of-principles-concerning-electrical-injury-reasonable-hypothesis-no-41-of-2018/analysis","conflicts":"/api/acts/statement-of-principles-concerning-electrical-injury-reasonable-hypothesis-no-41-of-2018/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-electrical-injury-reasonable-hypothesis-no-41-of-2018/important-cases","documents":"/api/acts/statement-of-principles-concerning-electrical-injury-reasonable-hypothesis-no-41-of-2018/documents"}}