{"id":"F2023L00467","name":"Statement of Principles concerning retinal burn (Balance of Probabilities) (No. 26 of 2023)","slug":"statement-of-principles-concerning-retinal-burn-balance-of-probabilities-no-26-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441813,"registerId":"F2023L00467-fast-fetch-1775957014371","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning retinal burn (Balance of Probabilities) (No. 26 of 2023)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nRETINAL BURN (Balance of Probabilities)\n\n(No. 26 of 2023)\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 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 Application\n\n5 Definitions\n\n6 Kind of injury, disease or death to which this Statement of Principles relates\n\n7 Basis for determining the factors\n\n8 Factors that must exist\n\n9 Relationship to service\n\n10 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 retinal burn (Balance of Probabilities) (No. 26 of 2023).\n\n2 Commencement\n\n This instrument commences on 23 May 2023.\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n4 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\n5 Definitions\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n6 Kind of injury, disease or death to which this Statement of Principles relates\n\n(1) This Statement of Principles is about retinal burn and death from retinal burn.\n\nMeaning of retinal burn\n\n(2) For the purposes of this Statement of Principles, retinal burn:\n\n(a) means an acute photic injury to the retina of the eye from optical radiation passing through the eye’s optical system;\n\n(b) includes:\n\n(i) arc welding radiation;\n\n(ii) atomic bomb flash; \n\n(iii) direct gazing into the sun; and\n\n(iv) non-therapeutic exposure to lasers; and\n\n(c) excludes:\n\n(i) electrical injury to the eye including the effects of lightning;\n\n(ii) external burn of the eye where the retinal burn is a component of eye burns that simultaneously affect the internal and external parts of the eye;\n\n(iii) intended or accidental retinal burns resulting from operating microscope optical radiation;\n\n(iv) ionising radiation apart from ultraviolet light; and\n\n(v) temporary effects such as dazzle, glare, after images, and flash blindness.\n\nNote: Optical radiation includes ultraviolet light, visible light and infrared light. \n\nDeath from retinal burn\n\n(3) For the purposes of this Statement of Principles, retinal burn, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's retinal burn.\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n7 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 retinal burn and death from retinal 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\n8 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, retinal burn or death from retinal burn is connected with the circumstances of a person's relevant service:\n\n(1) having ocular exposure to laser radiation resulting in a visual field defect or scotoma of the affected eye at the time of the clinical onset of retinal burn;\n\nNote 1: Not all laser eye exposures will cause retinal injuries, with the probability of laser retinal injury dependent on the laser energy delivered to the eye which is a feature of the power of the laser, irradiance (power density of the beam), and the duration of exposure.\n\nNote 2: Laser exposure can be direct into the axis of the eye or indirect off a specular surface. The risk of retinal damage is increased if the laser source is viewed through magnifying devices such as binoculars, and telescopic sights.\n\n(2) having ocular exposure to arc welding radiation resulting in a visual field defect or scotoma of the affected eye at the time of the clinical onset of retinal burn;\n\nNote 1: The probability of arc welding radiation retinal injury is dependent on the energy delivered to the eye that is a feature of the power of the welder, the irradiance (power density of the beam), the duration of exposure, and the protective equipment worn by the welder.\n\nNote 2: Arc welding retinal burns are often associated with corneal and conjunctiva burns (Welder’s flash), but the clinical onset of the retinal burn would have occurred at the time of the arc welding flash but may have been masked by the symptoms associated with the corneal and conjunctival burns.\n\n(3) having ocular exposure to the radiation from a nuclear explosion resulting in a visual field defect or scotoma of the affected eye at the time of the clinical onset of retinal burn;\n\n(4) having ocular exposure to the radiation from viewing of the sun with the naked eye or with an optical instrument resulting in a visual field defect or scotoma of the affected eye at the time of the clinical onset of retinal burn;\n\n(5) inability to obtain appropriate clinical management for retinal burn.\n\n9 Relationship to service\n\n(1) The existence in a person of any factor referred to in section 8, must be related to the relevant service rendered by the person.\n\n(2) The factor set out in subsection 8(5) applies only to material contribution to, or aggravation of, retinal burn where the person's retinal burn was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n\n10 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 8 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 5\n\n1 Definitions\n\nIn this instrument:\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 retinal burn—see subsection 6(2).\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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It addresses a specific medical condition (retinal burn) under a specific evidentiary standard (balance of probabilities) for a specific cohort (veterans/defence members). The exclusions in section 6(2)(c) deliberately narrow the scope to avoid overlap with other conditions. No scope creep is evident."},"complexity_factors":["Multiple nested definitions: 'retinal burn' defined in section 6(2) with 4 inclusions and 5 exclusions, plus cross-reference to Schedule 1","Conditional logic in section 8: 5 alternative factors where only one must be satisfied, but each has specific evidentiary requirements (visual field defect or scotoma)","Section 9(2) creates a limited exception: factor 8(5) applies only to pre-existing conditions aggravated by service, not new injuries","Section 10 incorporates external instruments by reference: other Statements of Principles apply dynamically 'as in force from time to time'","Cross-referencing between three acts: Veterans' Entitlements Act 1986 (VEA), Military Rehabilitation and Compensation Act 2004 (MRCA), and the instrument itself","Technical medical terminology requiring lay explanation: 'scotoma', 'irradiance', 'specular surface', 'photic injury'","8 defined terms in Schedule 1 Dictionary, but 'retinal burn' has dual definition location (section 6(2) and Schedule 1)"],"plain_english_summary":"This medical-legal rulebook tells when Australian veterans or defence personnel with retinal burns can get compensation: claimants must prove on the balance of probabilities that their permanent retinal injury was caused by intense light exposure (for example lasers, arc welding, atomic flash or sun-gazing) or by lack of prior appropriate treatment, and that vision damage was present at the time. \n\nIt governs decisions by the Repatriation Medical Authority and the Department of Veterans' Affairs."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument confines scope to retinal burn as defined and to death where retinal burn contributed (s6). It applies only to claims under the VEA and MRCA (s4) and ties required factors to relevant service (s9). It both narrows compensable causes via explicit exclusions (s6(2)(c)) and specifies the factual link‑evidence needed (s8). No broader scope beyond these textual limits is created by the instrument; its effect is to clarify and limit which retinal injuries are attributable to service."},"complexity_factors":["Use of the balance‑of‑probabilities causation standard (s7) rather than a higher medical certainty.","Narrow, technical definition of 'retinal burn' with multiple express inclusions and exclusions (s6(2)), requiring careful factual and medical classification.","Evidentiary requirement that exposure caused a visual field defect or scotoma at the time of clinical onset for most factors (s8(1)–(4)), which can be difficult to prove retrospectively.","A non‑medical factor—'inability to obtain appropriate clinical management'—that applies only in constrained circumstances and raises factual and timing issues (s8(5); s9(2)).","Interplay with other Statements of Principles: cross‑application where factors overlap requires reference to other SOPs (s10).","Extension to death by contribution via specified terminal events broadens the causal chain and requires linking retinal burn to later terminal conditions (s6(3); Schedule).","Technical explanatory notes about laser and arc welding energy, protective equipment and use of optical instruments increase medical‑expert and technical evidentiary burdens (Notes to s8).","Application limited to claims under particular statutes and defined 'relevant service' categories, so legal eligibility assessment is required alongside medical proof (s4; Schedule definition of relevant service)."],"plain_english_summary":"This Statement of Principles sets the medical criteria the Repatriation Medical Authority uses to decide when retinal burn (and death from it) can be accepted as related to Australian defence service for claims under the VEA or the MRCA. It defines what counts as a retinal burn, lists included and excluded causes, and requires proof of specified factors (typically documented ocular exposure causing a visual field defect or scotoma at clinical onset, or inability to obtain appropriate care). It affects veterans or serving members making entitlement claims and allocates evidentiary burdens."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-retinal-burn-balance-of-probabilities-no-26-of-2023","history":"/api/acts/statement-of-principles-concerning-retinal-burn-balance-of-probabilities-no-26-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-retinal-burn-balance-of-probabilities-no-26-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-retinal-burn-balance-of-probabilities-no-26-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-retinal-burn-balance-of-probabilities-no-26-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-retinal-burn-balance-of-probabilities-no-26-of-2023/documents"}}