Commonwealth legislation

Statement of Principles concerning pulmonary barotrauma No. 46 of 2006

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This Statement of Principles sets the medical-legal test for linking pulmonary barotrauma—lung injury from rapid pressure changes—to Australian Defence Force service, determining entitlement to compensation under the VEA and MRCA. It covers service-causing events like flying, diving or escape from pressurised environments.

It also treats deaths and subsequent conditions caused or contributed to by the barotrauma as service-related and preserves application of other relevant Statements of Principles, so affected veterans and their families can access benefits.

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Current sections

Direct links to the current provisions in Statement of Principles concerning pulmonary barotrauma No. 46 of 2006.

Inclusion of Statements of Principles

In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.

Other definitions

For the purposes of this Statement of Principles:

“death from pulmonary barotrauma” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s pulmonary barotrauma;

“a change in the ambient barometric pressure” means a reduction or increase in the pressure exerted by the envelope of air or water surrounding the person, occurring with:

(a) flying; or

(b) diving; or

“relevant service” means:

(a) eligible war service (other than operational service) under the VEA; or

(b) defence service (other than hazardous service) under the VEA; or

“terminal event” means the proximate or ultimate cause of death and includes:

(a) pneumonia;

(b) respiratory failure;

(d) circulatory failure; or

(e) cessation of brain function.

Date of effect

This Instrument takes effect from 30 August 2006.

Dated this seventeenth day of August 2006

The Common Seal of the )

Repatriation Medical Authority )

was affixed to this instrument )

in the presence of: )

KEN DONALD

CHAIRPERSON

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Inclusion of Statements of Principles Inclusion of Statements of Principles