{"id":"F2024L00031","name":"Statement of Principles concerning heat-induced burn (Balance of Probabilities) (No. 2 of 2024)","slug":"statement-of-principles-concerning-heat-induced-burn-balance-of-probabilities-no-2-of-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442240,"registerId":"F2024L00031-fast-fetch-1775957290869","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning heat-induced burn (Balance of Probabilities) (No. 2 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\nHEAT-INDUCED BURN (Balance of Probabilities)\n\n(No. 2 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:
|\n| --- |\n|
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\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 heat-induced burn (Balance of Probabilities) (No. 2 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No. 111 of 2015 (Federal Register of Legislation No. F2015L01331) made under subsections 196B(3) and (8) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 heat-induced burn and death from heat-induced burn.\n\nMeaning of heat-induced burn\n\n(2) For the purposes of this Statement of Principles, heat-induced burn:\n\n(a) means an injury to the skin and external body covering tissues due to transfer of energy into the tissue with external contact with flame, or heat; and\n\n(b) includes burns of deep tissues and organs that are part of a multiple burn injury that includes injury to the skin and external body covering tissues; and \n\n(c) excludes:\n\n(i) freezing cold injury (frostbite);\n\n(ii) electrical contact or electrical flash burns (electrical injury);\n\n(iii) chemical burns;\n\n(iv) radiation burns due to ionising radiation;\n\n(v) isolated retinal burn of the eye;\n\n(vi) photocontact dermatitis;\n\n(vii) friction burns (abrasion); and\n\n(viii) isolated burn of the internal body organs such as the respiratory tract, gastrointestinal tract and internal genitourinary tract.\n\nNote 1: flame and heat burns may include the effects of incendiary devices such as white phosphorous grenades and rockets.\n\nNote 2: heat-induced burn may include a systemic response of the body with systemic inflammation and vascular shock.\n\nDeath from heat-induced burn\n\n(3) For the purposes of this Statement of Principles, heat-induced burn, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's heat-induced 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 heat-induced burn and death from heat-induced 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, heat-induced burn or death from heat-induced burn is connected with the circumstances of a person's relevant service:\n\n(1) having exposure to a heat source sufficient to cause at least erythema at the affected area of the body at the time of the clinical onset of heat-induced burn; \n\n(2) having exposure to high intensity, focussed ultrasound sufficient to cause at least erythema at the affected area of the body at the time of the clinical onset of heat-induced burn;\n\n(3) having exposure to ultraviolet radiation sufficient to cause at least erythema at the affected area of the body at the time of the clinical onset of heat-induced burn;\n\nNote: Some examples of potential ultraviolet radiation exposure include sun exposure, electric welding arc exposure, and PUVA therapy for skin conditions.\n\n(4) having exposure to solar radiation sufficient to cause at least erythema at the affected area of the body at the time of the clinical onset of heat-induced burn;\n\n(5) having laser applied, sufficient to cause at least erythema, at the affected area of the body at the time of the clinical onset of heat-induced burn;\n\n(6) having exposure to infrared radiation sufficient to cause at least erythema at the affected area of the body at the time of the clinical onset of heat-induced burn;\n\n(7) having exposure to radiofrequency or microwave radiation sufficient to cause at least erythema at the affected area of the body at the time of the clinical onset of heat-induced burn;\n\n(8) inability to obtain appropriate clinical management for heat-induced burn before the clinical worsening of heat-induced 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(8) applies only to material contribution to, or aggravation of, heat-induced burn where the person's heat-induced 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 \n\n heat-induced 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":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its predecessor (Statement of Principles concerning external burn No. 111 of 2015). It continues to address burn injuries for veterans' compensation purposes under the same statutory framework. The update appears to be a routine republication with updated numbering and minor definitional refinements rather than an expansion of coverage."},"complexity_factors":["Short, focused instrument (approximately 1,500 words)","Only 5 defined terms in the Dictionary (heat-induced burn, MRCA, relevant service, terminal event, VEA)","Clear, numbered list of 8 factors in section 9 with minimal cross-referencing","Simple conditional structure: 'at least one of the following factors must exist'","Single nested exception in section 10(2) regarding clinical management factor","No complex mathematical formulas, tables, or multi-layered definitions","Straightforward repeal and replacement of single predecessor instrument"],"plain_english_summary":"This instrument defines “heat-induced burns” for veterans’ compensation, sets eight specific factors used to establish a burn’s connection to service on the balance of probabilities, and replaces the 2015 external burns rule. It applies to claims under the VEA and MRCA for peacetime and non-operational service, excludes several non-heat causes (e.g., electrical, chemical, frostbite, retinal or internal-only injuries), and is the legal gateway for treatment and compensation."},"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":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier external‑burn Statement (section 4) and replaces it with a redefined and more granular 'heat‑induced burn' concept (section 7). It explicitly lists included exposure types (section 9(1)–(7)), new qualifying factors such as inability to obtain appropriate clinical management (section 9(8)) subject to a temporal limit (section 10(2)), and detailed exclusions (section 7(2)(c)). It also expressly includes death contributed to by a burn (section 7(3)), and ties application to claims under the VEA/MRCA (section 5), so the practical eligibility and evidentiary scope for claims will differ from the repealed instrument."},"complexity_factors":["Authority and decision‑maker: instrument is made by the Repatriation Medical Authority under subsection 196B(3) of the VEA (section 3 and header).","Legal causation standard: uses the civil standard 'more probable than not' for medical causation (section 8).","Defined condition boundaries: defines 'heat‑induced burn' with specific inclusions and a long list of exclusions, requiring careful classification of injuries (section 7(2)(a)–(c)).","Multiple, specific exposure pathways: causation may be established by any one of several exposure types (flame/heat, high‑intensity focussed ultrasound, ultraviolet, solar, laser, infrared, radiofrequency/microwave), each requiring evidence of exposure sufficient to cause at least erythema at clinical onset (section 9(1)–(7)).","Clinical‑evidence threshold: repeated requirement that exposure was 'sufficient to cause at least erythema at the affected area at the time of the clinical onset' creates a documentary/medical‑record burden on claimants and assessing clinicians (section 9(1)–(7)).","Treatment‑access factor: inability to obtain appropriate clinical management can be a qualifying factor but applies only where the burn pre‑dated or occurred during relevant service and did not arise out of service (sections 9(8) and 10(2)), complicating temporal and causal analysis.","Relationship to relevant service: any qualifying factor must be related to the person's relevant service as defined (section 10(1); Schedule 1 definitions for 'relevant service').","Interaction with other Statements: if a factor refers to an injury/disease covered by another Statement of Principles, that other Statement's factors apply, producing cross‑instrument dependency (section 11).","Scope change and repeal: instrument expressly repeals the earlier external burn Statement, so assessors and claimants must apply the new definitions and tests rather than the prior instrument (section 4).","Death linkage and terminal events: includes death from a terminal event or condition contributed to by the burn and defines examples of terminal events, adding medico‑legal complexity in attributing causal contribution (section 7(3); Schedule 1 'terminal event')."],"plain_english_summary":"This Statement of Principles sets out how \"heat‑induced burn\" is defined for veterans’ and defence members’ compensation claims and replaces the prior external‑burn instrument. It lists what counts (and what is excluded), names specific exposure types (for example flame, UV, laser, IR, radiofrequency/microwave and high‑intensity focussed ultrasound) and the medical evidence required to link a burn or death from a burn to a person’s relevant service."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-heat-induced-burn-balance-of-probabilities-no-2-of-2024","history":"/api/acts/statement-of-principles-concerning-heat-induced-burn-balance-of-probabilities-no-2-of-2024/history","analysis":"/api/acts/statement-of-principles-concerning-heat-induced-burn-balance-of-probabilities-no-2-of-2024/analysis","conflicts":"/api/acts/statement-of-principles-concerning-heat-induced-burn-balance-of-probabilities-no-2-of-2024/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-heat-induced-burn-balance-of-probabilities-no-2-of-2024/important-cases","documents":"/api/acts/statement-of-principles-concerning-heat-induced-burn-balance-of-probabilities-no-2-of-2024/documents"}}