{"id":"F2020L00487","name":"Statement of Principles concerning explosive blast injury (Balance of Probabilities) (No. 26 of 2020)","slug":"statement-of-principles-concerning-explosive-blast-injury-balance-of-probabilities-no-26-of-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440462,"registerId":"F2020L00487-fast-fetch-1775956072708","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning explosive blast injury (Balance of Probabilities) (No. 26 of 2020)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nEXPLOSIVE BLAST INJURY (Balance of Probabilities)\n\n(No. 26 of 2020)\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 24 April 2020 \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:
|\n| --- |\n| 
Professor Nicholas Saunders AO
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\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\n \n\n\n\n\n1 Name\n\nThis is the Statement of Principles concerning explosive blast injury (Balance of Probabilities) (No. 26 of 2020).\n\n2 Commencement\n\n This instrument commences on 25 May 2020.\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 physical injury due to munitions discharge No. 49 of 2012 (Federal Register of Legislation No. F2012L01790) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 explosive blast injury and death from explosive blast injury.\n\nMeaning of explosive blast injury\n\n(2) For the purposes of this Statement of Principles, explosive blast injury means damage to body tissue, organs or bone as a result of an explosive blast.\n\nDeath from explosive blast injury\n\n(3) For the purposes of this Statement of Principles, explosive blast injury, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's explosive blast injury.\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 explosive blast injury and death from explosive blast injury 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, explosive blast injury or death from explosive blast injury is connected with the circumstances of a person's relevant service:\n\n(1) being exposed to an explosive blast;\n\n(2) inability to obtain appropriate clinical management for explosive blast 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, explosive blast injury where the person's explosive blast 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(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 explosive blast injury—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 also 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":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2012 Statement concerning physical injury due to munitions discharge and replaces it with a Statement focused on 'explosive blast injury' (s.4, s.7). The new Statement sets out two discrete qualifying factors (exposure to blast; inability to obtain appropriate clinical management) and clarifies how those factors must link to 'relevant service' (ss.7,9,10), indicating a change in the conditions and the legal framing compared with the repealed instrument."},"complexity_factors":["Cross-references to external statutes and claim provisions (VEA and MRCA; application to section 120B VEA and section 339 MRCA) (s.5)","Legal test uses civil standard 'balance of probabilities' (s.8)","Simple, discrete causation factors rather than complex multi-step tests — only two primary factors (s.9)","Requirement that listed factors be related to 'relevant service' introduces factual inquiry about timing and causal link (s.10)","Interaction with other Statements of Principles where overlapping injury/disease is involved (s.11)","Definitions and scope set in Schedule 1 (definitions of explosive blast injury, relevant service, terminal event) require interpretive steps"],"plain_english_summary":"This instrument sets out a Statement of Principles for deciding, on the balance of probabilities, whether an \"explosive blast injury\" (including death) is connected to a veteran's or service member's relevant service, and repeals the earlier 2012 munitions-discharge statement (s.4). It applies to claims under the VEA and MRCA and requires either exposure to an explosive blast or inability to obtain appropriate clinical management, with those factors needing a link to the person's relevant service (ss.5,7,9,10)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument replaces a 2012 Statement of Principles concerning 'physical injury due to munitions discharge.' While the terminology has shifted from 'munitions discharge' to 'explosive blast injury,' the scope remains tightly focused on explosion-related physical trauma. The definition explicitly excludes psychological injuries (limiting to 'damage to body tissue, organs or bone'), and the application section confirms it only covers specific service types under the VEA and MRCA. There is no evidence of scope creep — it does not expand to cover acoustic trauma, primary blast lung injury as a separate category, or other blast-related conditions beyond direct tissue damage."},"complexity_factors":["Short document (approximately 1,500 words)","Only 5 defined terms in the Dictionary (explosive blast injury, MRCA, relevant service, terminal event, VEA)","Simple binary test structure — only 2 factors to establish, with one factor (section 9(2)) having a limited application scope","Minimal cross-referencing — only refers to parent Acts (VEA and MRCA) and one repealed instrument","No nested exceptions or conditional logic beyond the single limitation in section 10(2) regarding the clinical management factor","Straightforward causal chain: exposure to blast → injury → compensation eligibility"],"plain_english_summary":"This Statement of Principles sets the medical test used to decide compensation claims for explosive blast injuries by veterans and current/former Defence members under the VEA and MRCA. To establish causation on the balance of probabilities claimants must show either exposure to an explosive blast or, for pre‑existing injuries, that lack of proper treatment in service materially worsened the condition. It replaces a 2012 rule and covers death from blast‑related complications and peacetime service."},"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-explosive-blast-injury-balance-of-probabilities-no-26-of-2020","history":"/api/acts/statement-of-principles-concerning-explosive-blast-injury-balance-of-probabilities-no-26-of-2020/history","analysis":"/api/acts/statement-of-principles-concerning-explosive-blast-injury-balance-of-probabilities-no-26-of-2020/analysis","conflicts":"/api/acts/statement-of-principles-concerning-explosive-blast-injury-balance-of-probabilities-no-26-of-2020/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-explosive-blast-injury-balance-of-probabilities-no-26-of-2020/important-cases","documents":"/api/acts/statement-of-principles-concerning-explosive-blast-injury-balance-of-probabilities-no-26-of-2020/documents"}}