Statement of Principles concerning explosive blast injury (Balance of Probabilities) (No. 26 of 2020)
1Statement of Principles concerning explosive blast injury (Balance of Probabilities) (No. 26 of 2020)
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7 Kind of injury, disease or death to which this Statement of Principles relates
8 Basis for determining the factors
9 Factors that must exist
10 Relationship to service
11 Factors referring to an injury or disease covered by another Statement of Principles
Schedule 1 - Dictionary
1 Definitions
1 Name
This is the Statement of Principles concerning explosive blast injury (Balance of Probabilities) (No. 26 of 2020).
2 Commencement
This instrument commences on 25 May 2020.
3 Authority
This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.
4 Repeal
The Statement of Principles concerning physical injury due to munitions discharge No. 49 of 2012 (Federal Register of Legislation No. F2012L01790) made under subsection 196B(3) of the VEA is repealed.
Section 1 - Statement of Principles concerning explosive blast injury (Balance of Probabilities) (No. 26 of 2020) - Statement of Principles concerning explosive blast injury (Balance of Probabilities) (No. 26 of 2020) | Zoe
5 Application
This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.
6 Definitions
The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.
7 Kind of injury, disease or death to which this Statement of Principles relates
(1) This Statement of Principles is about explosive blast injury and death from explosive blast injury.
Meaning of explosive blast injury
(2) For the purposes of this Statement of Principles, explosive blast injury means damage to body tissue, organs or bone as a result of an explosive blast.
Death from explosive blast injury
(3) For the purposes of this Statement of Principles, explosive blast injury, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's explosive blast injury.
Note: terminal event is defined in the Schedule 1 – Dictionary.
8 Basis for determining the factors
On the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that explosive blast injury and death from explosive blast injury can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.
Note: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.
9 Factors that must exist
At least one of the following factors must exist before it can be said that, on the balance of probabilities, explosive blast injury or death from explosive blast injury is connected with the circumstances of a person's relevant service:
(1) being exposed to an explosive blast;
(2) inability to obtain appropriate clinical management for explosive blast injury.
10 Relationship to service
(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.
(2) The factor set out in subsection 9(2) applies only to material contribution to, or aggravation of, explosive blast injury where the person's explosive blast injury was suffered or contracted before or during (but did not arise out of) the person's relevant service.
11 Factors referring to an injury or disease covered by another Statement of Principles
In this Statement of Principles:
(1) if a factor referred to in section 9 applies in relation to a person; and
(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;
then 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.
Schedule 1 - Dictionary
Note: See Section 6
1 Definitions
In this instrument:
explosive blast injury—see subsection 7(2).
MRCA means the Military Rehabilitation and Compensation Act 2004.
relevant service means:
(a) eligible war service (other than operational service) under the VEA;
(b) defence service (other than hazardous service and British nuclear test defence service) under the VEA; or
(c) peacetime service under the MRCA.
Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.
terminal event means the proximate or ultimate cause of death and includes the following: