{"id":"F2024L00037","name":"Statement of Principles concerning radiation burn (Balance of Probabilities) (No. 6 of 2024)","slug":"statement-of-principles-concerning-radiation-burn-balance-of-probabilities-no-6-of-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442244,"registerId":"F2024L00037-fast-fetch-1775957292998","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning radiation burn (Balance of Probabilities) (No. 6 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\nRADIATION BURN (Balance of Probabilities)\n\n(No. 6 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\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 radiation burn (Balance of Probabilities) (No. 6 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No. 111 of 2015 (Federal Register of Legislation No. F2015L01331) made under subsections 196B(3) and (8) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 radiation burn and death from radiation burn.\n\nMeaning of radiation burn\n\n(2) For the purposes of this Statement of Principles, radiation 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 exposure to ionising radiation; and\n\n(b) includes ionising radiation 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) ultraviolet radiation burns; and\n\n(ii) isolated ionising radiation burn of the internal body organs such as the respiratory tract, gastrointestinal tract and internal genitourinary tract.\n\nDeath from radiation burn\n\n(3) For the purposes of this Statement of Principles, radiation burn, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's radiation 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 radiation burn and death from radiation 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, radiation burn or death from radiation burn is connected with the circumstances of a person's relevant service:\n\n(1) having exposure to ionising radiation sufficient to cause at least erythema at the affected area of the body within the 30 days before the clinical onset of radiation burn;\n\n(2) inability to obtain appropriate clinical management for radiation burn before the clinical worsening of radiation 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, radiation burn where the person's radiation 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 MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n radiation burn—see subsection 7(2).\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":"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The instrument repeals the earlier Statement of Principles concerning external burn (s4) and replaces it with a radiation‑burn specific SOP that (a) defines radiation burn narrowly and excludes ultraviolet and isolated internal‑organ ionising burns (s7(2)(c)), (b) includes deep tissue burns only where they form part of multiple burns involving skin (s7(2)(b)), and (c) sets two discrete causation pathways (erythema within 30 days or inability to obtain appropriate clinical management) (s9). It applies to claims under specified VEA and MRCA provisions (s5) and adopts the balance‑of‑probabilities causal standard (s8)."},"complexity_factors":["Medical threshold requirement (exposure sufficient to cause at least erythema within 30 days) creates a specific clinical evidentiary test (s9(1)).","Non‑medical factor — inability to obtain appropriate clinical management — requires proof of service‑period access to care and applies only in limited circumstances (s9(2), s10(2)).","Narrow definitional scope and explicit exclusions (excludes ultraviolet burns and isolated internal‑organ ionising radiation burns) require careful factual classification (s7(2)(c)).","Interaction with other Statements of Principles means overlap and referral to other SOPs must be resolved (s11).","Replacing an earlier external burn SOP requires transition of precedent and administrative adjustment (repeal: s4).","Application limited to claims under specified VEA/MRCA provisions and depends on 'relevant service' definitions in the Schedule, creating legal‑scope questions (s5; Schedule 1).","Authority and evidentiary standard are driven by the Repatriation Medical Authority’s view of available medical‑scientific evidence, giving the RMA a central evaluative role (s3, s8)."],"plain_english_summary":"This instrument (s3) sets the medical criteria the Repatriation Medical Authority will use to decide whether a skin or associated deep‑tissue ionising radiation injury (radiation burn), or death from it, is connected to a veteran’s or member’s relevant service for claims under the VEA or MRCA (s5). Causation is assessed on the balance of probabilities (s8); claimants must show either exposure causing at least erythema within 30 days or inability to obtain appropriate clinical management (s9), creating an evidentiary burden on medical proof."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the established scope of Repatriation Medical Authority Statements of Principles. It replaces a 2015 instrument on external burns with a more specific focus on radiation burns, which represents a refinement rather than expansion of scope. The document continues to serve its original purpose: establishing medical criteria for linking specific injuries to veterans' service."},"complexity_factors":["Short document: approximately 1,500 words across 11 sections plus a brief dictionary","Only 5 defined terms in Schedule 1 (MRCA, radiation burn, relevant service, terminal event, VEA)","Simple binary structure: two alternative factors in section 9, with one conditional limitation in section 10(2)","Minimal cross-referencing: only refers to the parent Acts (VEA and MRCA) and the repealed 2015 instrument","Clear logical flow: definition → application → factors → relationship to service","No nested exceptions or complex conditional chains — section 7(2)(c) has straightforward exclusions, and section 10(2) has a single temporal condition"],"plain_english_summary":"This instrument defines when radiation burns (skin/tissue damage from ionising radiation) are considered service-related for veterans and current/former defence members claiming under the VEA or MRCA. It matters because claimants must show, on the balance of probabilities, either exposure causing visible erythema within 30 days before the burn or that lack of adequate treatment worsened a pre‑existing or service‑occurring burn. Sunburn and internal-only injuries are excluded. It replaces the 2015 Statement of Principles on external burns."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-radiation-burn-balance-of-probabilities-no-6-of-2024","history":"/api/acts/statement-of-principles-concerning-radiation-burn-balance-of-probabilities-no-6-of-2024/history","analysis":"/api/acts/statement-of-principles-concerning-radiation-burn-balance-of-probabilities-no-6-of-2024/analysis","conflicts":"/api/acts/statement-of-principles-concerning-radiation-burn-balance-of-probabilities-no-6-of-2024/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-radiation-burn-balance-of-probabilities-no-6-of-2024/important-cases","documents":"/api/acts/statement-of-principles-concerning-radiation-burn-balance-of-probabilities-no-6-of-2024/documents"}}