{"id":"F2023L00466","name":"Statement of Principles concerning retinal burn (Reasonable Hypothesis) (No. 25 of 2023)","slug":"statement-of-principles-concerning-retinal-burn-reasonable-hypothesis-no-25-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441810,"registerId":"F2023L00466-fast-fetch-1775957014330","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning retinal burn (Reasonable Hypothesis) (No. 25 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 (Reasonable Hypothesis)\n\n(No. 25 of 2023)\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 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 (Reasonable Hypothesis) (No. 25 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(2) of the Veterans' Entitlements Act 1986.\n\n4 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\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\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that retinal burn and death from retinal 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\n8 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 retinal burn or death from retinal burn 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(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 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) 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 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":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It addresses a specific medical condition (retinal burn) for a specific purpose (determining service connection for veterans' compensation claims). The structure follows the standard template for Repatriation Medical Authority Statements of Principles without scope creep."},"complexity_factors":["Short, focused instrument (approximately 1,500 words)","Only 5 defined terms in the Dictionary (MRCA, relevant service, retinal burn, terminal event, VEA)","Clear, numbered list of 5 factors in section 8 with minimal cross-referencing","Simple conditional structure: 'at least one of the following factors must exist'","Single nested definition for 'relevant service' listing 6 service types","Explanatory notes are descriptive rather than creating additional legal conditions","No exceptions to exceptions or deeply nested subsections"],"plain_english_summary":"This instrument sets the conditions for Australian veterans and ADF members to claim compensation for retinal burn — serious, service‑linked eye damage from intense light. It uses the lower \"reasonable hypothesis\" proof standard, covers injuries from intense light sources (e.g., lasers, arc welding, nuclear or sun‑viewing) and death where retinal burn contributed, and excludes electrical, surgical‑microscope, ionising radiation and transient flash blindness. Claimants must show the injury (or inability to obtain treatment for a pre‑existing condition) is connected to their military service."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument itself defines its scope: it covers retinal burn and death from retinal burn, specifies included exposures and exclusions, and applies to claims under section 120A of the VEA or section 338 of the MRCA (ss 4, 6). The text contains no express indication that it narrows or expands a prior instrument; it stands as the controlling Statement of Principles for these conditions."},"complexity_factors":["Technical medical criteria (diagnosis of retinal burn, visual field defect/scotoma) — see s6(2) and s8(1)–(4).","Multiple specific exposure types and exclusions require precise factual and medical proof (arc welding, lasers, atomic flash; excludes electrical injury, microscope burns, ionising radiation, temporary effects) — s6(2)(b),(c).","Causation link requirement: each listed factor must be related to relevant service, requiring factual nexus to service events — s9(1).","Nuanced temporal and scope rule for treatment‑access factor: inability to obtain appropriate clinical management only applies where the retinal burn pre‑existed before or during (but did not arise out of) service and concerns material contribution or aggravation — s8(5), s9(2).","Cross‑reference to other Statements of Principles where overlapping injuries/diseases are covered, requiring coordination across instruments — s10."],"plain_english_summary":"This Statement of Principles sets the medical criteria used to link retinal burn (for example from arc welding, atomic‑bomb flash, naked‑eye sun‑gazing or non‑therapeutic lasers) and death from retinal burn to service‑related claims under the VEA or MRCA. It defines what counts as a retinal burn, lists specific exclusions, and identifies the minimum factors needed (such as ocular exposure causing a visual field defect or scotoma, or inability to obtain appropriate clinical management) that must be related to the person’s relevant service (ss 4, 6–9)."},"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-retinal-burn-reasonable-hypothesis-no-25-of-2023","history":"/api/acts/statement-of-principles-concerning-retinal-burn-reasonable-hypothesis-no-25-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-retinal-burn-reasonable-hypothesis-no-25-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-retinal-burn-reasonable-hypothesis-no-25-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-retinal-burn-reasonable-hypothesis-no-25-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-retinal-burn-reasonable-hypothesis-no-25-of-2023/documents"}}