{"id":"F2019L00234","name":"Statement of Principles concerning acute articular cartilage tear (Balance of Probabilities) (No. 22 of 2019)","slug":"statement-of-principles-concerning-acute-articular-cartilage-tear-balance-of-probabilities-no-22-of-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439953,"registerId":"F2019L00234-fast-fetch-1775955774523","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning acute articular cartilage tear (Balance of Probabilities) (No. 22 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\nACUTE ARTICULAR CARTILAGE TEAR (Balance of Probabilities)\n\n(No. 22 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 1 March 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 acute articular cartilage tear (Balance of Probabilities) (No. 22 of 2019).\n\n2 Commencement\n\n This instrument commences on 25 March 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 acute articular cartilage tear No. 54 of 2010 (Federal Register of Legislation No. F2010L01667) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 acute articular cartilage tear and death from acute articular cartilage tear.\n\nMeaning of acute articular cartilage tear\n\n(2) For the purposes of this Statement of Principles, acute articular cartilage tear:\n\n(a) means an injury involving tearing or damage of the articular (hyaline) cartilage of a joint resulting in a sudden onset of pain and tenderness; and\n\n(b) excludes chronic tears and degenerative tears of articular cartilage.\n\nNote: Acute articular cartilage tear may be accompanied by the following symptoms and signs occurring within the 24 hours following the injury: swelling, bruising, or loss of functional ability.\n\nDeath from acute articular cartilage tear\n\n(3) For the purposes of this Statement of Principles, acute articular cartilage tear, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's acute articular cartilage tear.\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 acute articular cartilage tear and death from acute articular cartilage tear 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, acute articular cartilage tear or death from acute articular cartilage tear is connected with the circumstances of a person's relevant service:\n\n(1) having a significant physical force applied to or through the affected joint at the time of the clinical onset of acute articular cartilage tear;\n\n(2) having intra-articular surgery of the affected joint at the time of the clinical onset of acute articular cartilage tear;\n\nNote: Examples of processes involved during intra-articular surgery include, but are not limited to, using a drill, placing an anchor suture and inserting an intra-articular infusion pump.\n\n(3) inability to obtain appropriate clinical management for acute articular cartilage tear.\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(3) applies only to material contribution to, or aggravation of, acute articular cartilage tear where the person's acute articular cartilage tear 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 acute articular cartilage tear—see subsection 7(2).\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":{"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":3,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow scope. It addresses only acute articular cartilage tears in the context of veterans' compensation claims, consistent with the Repatriation Medical Authority's function under section 196B(3) of the Veterans' Entitlements Act 1986. The 2019 version repeals and replaces the 2010 version without expanding into new areas of medical conditions or claimant categories."},"complexity_factors":["Short, single-purpose instrument (approximately 1,200 words)","Only 5 defined terms in the Dictionary (acute articular cartilage tear, MRCA, relevant service, terminal event, VEA)","Simple conditional structure: three alternative factors in section 9, with only one nested condition in section 10(2)","Minimal cross-referencing—primarily internal references to the Dictionary and parent legislation","Clear exclusion clause (subsection 7(2)(b)) distinguishing acute from chronic/degenerative tears","No exceptions to exceptions or deeply nested logical operators"],"plain_english_summary":"This Statement of Principles sets the medical test for when veterans and ADF members can claim compensation for an acute articular cartilage tear — a sudden tear of joint cartilage causing immediate pain, not degenerative wear. It identifies three ways the injury can be linked to service (force to the joint, intra‑articular surgery at onset, or lack of timely treatment) and replaces the 2010 version to reflect current medical understanding.\n\nIt applies to claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the prior Statement of Principles concerning acute articular cartilage tear No. 54 of 2010 (s4) and replaces it. It clarifies scope by limiting coverage to 'acute' articular cartilage tears and excluding chronic or degenerative tears (s7(2)(b)), and ties application to claims under s120B VEA or s339 MRCA (s5). The replacement therefore updates the controlling instrument and restates the qualifying factors and definitions."},"complexity_factors":["Legal decision-maker and authority: the Repatriation Medical Authority issues the Statement under subsection 196B(3) of the VEA (s3), which frames administrative discretion over the medical criteria.","Applicability to benefits: instrument applies to claims under section 120B of the VEA or section 339 of the MRCA, linking medical findings to entitlement and public expenditure (s5).","Evidentiary standard: causation is assessed on the balance of probabilities (see title and s8), placing an ordinary civil burden on claimants.","Narrow medical definition: 'acute' is explicitly defined and excludes chronic/degenerative tears, constraining which conditions qualify (s7(2)(a)–(b)).","Prescribed qualifying factors: claimants must establish at least one of three factors (significant force; intra‑articular surgery; inability to obtain appropriate clinical management), which channels evidentiary proof to specific events or omissions (s9(1)–(3)).","Medical-technical interpretation: terms like 'intra‑articular surgery' and its examples (drill, anchor suture, infusion pump) require clinical interpretation and records (note to s9(2)).","Ambiguity and evidentiary burden: 'inability to obtain appropriate clinical management' is open to factual dispute, increasing procedural and evidentiary burden on claimants (s9(3)).","Service-connection link: any qualifying factor must be related to the person's relevant service; the timing and nature of that link can be contested (s10(1)–(2)).","Interaction with other Statements: if a factor refers to an injury/disease covered by another Statement of Principles, that other statement governs, creating cross-instrument dependencies (s11).","Death claims: death caused or contributed to by the condition is covered and uses a defined list of terminal events, requiring medico‑legal causation assessment for fatal outcomes (s7(3); Schedule 1)."],"plain_english_summary":"This Statement of Principles sets the medical criteria used to decide whether an acute articular cartilage tear (or death from it) is connected to a person’s relevant service for claims under the Veterans' Entitlements Act or the Military Rehabilitation and Compensation Act. It defines 'acute' (excluding chronic or degenerative tears), adopts the balance‑of‑probabilities standard, and identifies the clinical and service‑related factors a claimant must show to establish a service connection."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-acute-articular-cartilage-tear-balance-of-probabilities-no-22-of-","history":"/api/acts/statement-of-principles-concerning-acute-articular-cartilage-tear-balance-of-probabilities-no-22-of-/history","analysis":"/api/acts/statement-of-principles-concerning-acute-articular-cartilage-tear-balance-of-probabilities-no-22-of-/analysis","conflicts":"/api/acts/statement-of-principles-concerning-acute-articular-cartilage-tear-balance-of-probabilities-no-22-of-/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-acute-articular-cartilage-tear-balance-of-probabilities-no-22-of-/important-cases","documents":"/api/acts/statement-of-principles-concerning-acute-articular-cartilage-tear-balance-of-probabilities-no-22-of-/documents"}}