{"id":"F2019L01362","name":"Statement of Principles concerning acoustic neuroma (Balance of Probabilities) (No. 97 of 2019)","slug":"statement-of-principles-concerning-acoustic-neuroma-balance-of-probabilities-no-97-of-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440275,"registerId":"F2019L01362-fast-fetch-1775955962695","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning acoustic neuroma (Balance of Probabilities) (No. 97 of 2019)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nACOUSTIC NEUROMA (Balance of Probabilities)\n\n(No. 97 of 2019)\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 18 October 2019\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:
|\n| --- |\n| 
Professor Nicholas Saunders AO
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 acoustic neuroma (Balance of Probabilities) (No. 97 of 2019).\n\n2 Commencement\n\n This instrument commences on 18 November 2019.\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 acoustic neuroma No. 30 of 2011 (Federal Register of Legislation No. F2011L00736) made under subsections 196B(3) and (8) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 acoustic neuroma and death from acoustic neuroma.\n\nMeaning of acoustic neuroma\n\n(2) For the purposes of this Statement of Principles, acoustic neuroma:\n\n(a) means a benign neoplasm arising from Schwann cells of the vestibular or cochlear nerve; and\n\n(b) excludes acoustic neuroma associated with a tumour predisposition syndrome, such as neurofibromatosis or schwannomatosis.\n\nNote 1: Acoustic neuroma is also known as vestibular schwannoma.\n\nNote 2: Typical presenting symptoms are progressive hearing loss and tinnitus. Imbalance, dizziness, vertigo, facial paraesthesia, and headache can also occur.\n\n(3) While acoustic neuroma attracts ICD‑10‑AM code D33.3, in applying this Statement of Principles the meaning of acoustic neuroma is that given in subsection (2).\n\n(4) For subsection (3), a reference to an ICD-10-AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4.\n\nDeath from acoustic neuroma\n\n(5) For the purposes of this Statement of Principles, acoustic neuroma, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's acoustic neuroma.\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 acoustic neuroma and death from acoustic neuroma 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, acoustic neuroma or death from acoustic neuroma is connected with the circumstances of a person's relevant service:\n\n(1) having received a cumulative equivalent dose of at least 0.5 sievert of ionising radiation to the affected vestibular or cochlear nerve at least ten years before the clinical onset of acoustic neuroma;\n\nNote: cumulative equivalent dose is defined in the Schedule 1 - Dictionary. \n\n(2) inability to obtain appropriate clinical management for acoustic neuroma.\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, acoustic neuroma where the person's acoustic neuroma 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 acoustic neuroma—see subsection 7(2).\n\n cumulative equivalent dose means the total dose of ionising radiation received by the particular organ or tissue from external exposure, internal exposure or both, apart from normal background radiation exposure in Australia, calculated in accordance with the methodology set out in the Guide to calculation of 'cumulative equivalent dose' for the purpose of applying ionising radiation factors contained in Statements of Principles determined under Part XIA of the Veterans' Entitlements Act 1986 (Cth), Australian Radiation Protection and Nuclear Safety Agency, as in force on 2 August 2017.\n\nNote 1: Examples of circumstances that might lead to exposure to ionising radiation include being present during or subsequent to the testing or use of nuclear weapons, undergoing diagnostic or therapeutic medical procedures involving ionising radiation, and being a member of an aircrew, leading to increased levels of exposure to cosmic radiation.\n\nNote 2: For the purpose of dose reconstruction, dose is calculated as an average over the mass of a specific tissue or organ. If a tissue is exposed to multiple sources of ionising radiation, the various dose estimates for each type of radiation must be combined.\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 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 the same narrow, specific scope as its 2011 predecessor. It addresses only acoustic neuroma in the context of veterans' compensation, with no expansion into broader medical conditions or additional claimant categories. The update appears to be a routine republication with updated radiation dose calculation methodology and ICD-10-AM coding references rather than a scope expansion."},"complexity_factors":["Short, single-purpose instrument (approximately 1,500 words)","Only 5 defined terms in the Dictionary (acoustic neuroma, cumulative equivalent dose, MRCA, relevant service, terminal event)","Simple binary structure: two alternative factors in section 9, with one conditional limitation in section 10(2)","Minimal cross-referencing—only internal references to the Dictionary and standard references to the parent Acts (VEA and MRCA)","Clear medical definition provided for the condition with explicit exclusions","Single nested condition: section 10(2) limits the application of the 'inability to obtain appropriate clinical management' factor to pre-existing conditions aggravated by service"],"plain_english_summary":"This instrument updates the 2011 medical rules for deciding compensation claims for acoustic neuroma under the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act. It affects current and former ADF members and DVA decision‑makers by setting narrow medical gates: compensation is available only where service‑linked radiation exposure meeting a threshold and latency, or lack of access to appropriate care for a pre‑existing tumour, can be shown; genetic causes are excluded."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Section 4 repeals the 2011 Statement, but this instrument restates the condition, exclusions and qualifying factors and continues to apply to VEA and MRCA claims (ss.4–5,7–9). The instrument text does not itself state an explicit expansion or narrowing of scope; determining a definitive change requires comparison with the repealed instrument."},"complexity_factors":["Technical medical definitions and exclusions (acoustic neuroma, terminal event, tumour‑predisposition syndromes) (s.7; Schedule 1)","Dose reconstruction and a specific radiation threshold (≥0.5 sievert) with an external methodology reference (s.9(1); Schedule 1)","Temporal causation requirement (exposure at least ten years before clinical onset) (s.9(1))","Legal causation standard ('balance of probabilities') and reliance on medical‑scientific evidence (s.8)","Cross‑statute application and claim handling (applies to VEA and MRCA claims) (s.5)","Interaction with other Statements of Principles where overlapping injuries/diseases exist (s.11)","Repeal of the prior Statement of Principles without an explicit comparison of changed criteria (s.4)"],"plain_english_summary":"Sets the Repatriation Medical Authority’s medical criteria for deciding, on the balance of probabilities, whether acoustic neuroma (vestibular schwannoma) or death from it is connected to a person’s service for claims under the Veterans' Entitlements Act or the Military Rehabilitation and Compensation Act. It defines the condition, excludes tumour‑predisposition syndromes, and requires at least one qualifying factor—commonly a cumulative ionising‑radiation dose of ≥0.5 sievert to the affected nerve (≥10 years before clinical onset) or inability to obtain appropriate clinical management—as the basis for service connection (ss.7–9)."},"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-acoustic-neuroma-balance-of-probabilities-no-97-of-2019","history":"/api/acts/statement-of-principles-concerning-acoustic-neuroma-balance-of-probabilities-no-97-of-2019/history","analysis":"/api/acts/statement-of-principles-concerning-acoustic-neuroma-balance-of-probabilities-no-97-of-2019/analysis","conflicts":"/api/acts/statement-of-principles-concerning-acoustic-neuroma-balance-of-probabilities-no-97-of-2019/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-acoustic-neuroma-balance-of-probabilities-no-97-of-2019/important-cases","documents":"/api/acts/statement-of-principles-concerning-acoustic-neuroma-balance-of-probabilities-no-97-of-2019/documents"}}