{"id":"F2024L00030","name":"Statement of Principles concerning heat-induced burn (Reasonable Hypothesis) (No. 1 of 2024)","slug":"statement-of-principles-concerning-heat-induced-burn-reasonable-hypothesis-no-1-of-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442236,"registerId":"F2024L00030-fast-fetch-1775957288752","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 (Reasonable Hypothesis) (No. 1 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 (Reasonable Hypothesis)\n\n(No. 1 of 2024)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) 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 (Reasonable Hypothesis) (No. 1 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(2) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning external burn No. 110 of 2015 (Federal Register of Legislation No. F2015L01330) made under subsections 196B(2) and (8) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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 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\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that heat-induced burn and death from heat-induced burn 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\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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting heat-induced burn or death from heat-induced burn 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(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\n \n\n \n\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\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) 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\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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument replaces the 2015 Statement of Principles concerning external burn and maintains the same fundamental scope—determining the causal connection between burns and military service for compensation purposes. While the definition has been modernised (adding specific radiation types like lasers and microwaves, and clarifying exclusions), the core purpose remains unchanged. It is a routine update under the statutory framework rather than an expansion of the Repatriation Medical Authority's jurisdiction."},"complexity_factors":["Moderate cross-referencing between the VEA and MRCA schemes (two different compensation systems)","8 distinct factors with specific medical thresholds ('at least erythema')","Complex definition of 'heat-induced burn' with 8 explicit exclusions and 2 notes expanding scope","Conditional logic in section 10(2) restricting factor 8 to pre-existing conditions aggravated during service","Incorporation by reference of other Statements of Principles (section 11)","6 defined terms in Schedule 1, including nested definitions ('relevant service' has 6 sub-categories)","Technical medical terminology requiring lay explanation (erythema, clinical onset, clinical worsening)"],"plain_english_summary":"This rulebook replaces the 2015 guidance and sets the medical criteria for compensating heat-induced burns (from fire, heat or certain non-ionising radiation) for veterans and current/former defence personnel claiming under the VEA or MRCA. \n\nIt requires a plausible medical link between the burn and service and proof of at least one of eight specified service-related factors (with a stricter test where a burn pre-existed). Meeting these thresholds is decisive for entitlement; without them, claims are likely rejected."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The instrument repeals the earlier Statement of Principles for external burn and narrows/clarifies coverage to 'heat-induced burn', explicitly excluding electrical, chemical, ionising radiation, friction and certain isolated internal burns (s.4; s.7(2)(c)). It replaces a broader external-burn framing with specified exposure types and a clinical evidentiary trigger (erythema) for each (s.9(1)–(7)), and adds inability to obtain appropriate clinical management as a discrete factor for material contribution or aggravation of pre-existing burns (s.9(8); s.10(2))."},"complexity_factors":["Replacement of prior instrument and temporal application (commencement and repeal) — s.2, s.4","Technical medical definitions and exclusions that require clinical interpretation (definition of heat-induced burn; excluded categories) — s.7(2)(a)–(c)","Evidentiary threshold set as a 'reasonable hypothesis' tied to specific clinical sign (erythema) for multiple exposure types — s.9(1)–(7)","Separate factor for lack of appropriate clinical management and limited scope for aggravation vs causation — s.9(8), s.10(2)","Interaction with other Statements of Principles when an exposure refers to a different injury/disease (cross-reference risk) — s.11","Inclusion of death via terminal events requires causal linking of burn to proximate/ultimate cause of death (terminal event definition) — s.7(3), Schedule 1","Application limited to claims under VEA and MRCA, affecting administrative decision-making and benefits flows — s.5"],"plain_english_summary":"This instrument supplies the medical criteria the Repatriation Medical Authority uses to decide when a heat-induced burn (or death from it) can be linked to a veteran’s relevant service for VEA/MRCA claims. It replaces the prior external-burn statement and lists specific exposures (for example flame, UV, laser, microwave) and a minimum clinical sign (erythema) that, if present, raise a reasonable hypothesis that service contributed to the injury (see s.4, s.7(2), s.9). It matters because it defines which burns are covered and the evidentiary triggers decision-makers must apply."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-heat-induced-burn-reasonable-hypothesis-no-1-of-2024","history":"/api/acts/statement-of-principles-concerning-heat-induced-burn-reasonable-hypothesis-no-1-of-2024/history","analysis":"/api/acts/statement-of-principles-concerning-heat-induced-burn-reasonable-hypothesis-no-1-of-2024/analysis","conflicts":"/api/acts/statement-of-principles-concerning-heat-induced-burn-reasonable-hypothesis-no-1-of-2024/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-heat-induced-burn-reasonable-hypothesis-no-1-of-2024/important-cases","documents":"/api/acts/statement-of-principles-concerning-heat-induced-burn-reasonable-hypothesis-no-1-of-2024/documents"}}