{"id":"F2019L00233","name":"Statement of Principles concerning acute articular cartilage tear (Reasonable Hypothesis) (No. 21 of 2019)","slug":"statement-of-principles-concerning-acute-articular-cartilage-tear-reasonable-hypothesis-no-21-of-201","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439951,"registerId":"F2019L00233-fast-fetch-1775955774477","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 (Reasonable Hypothesis) (No. 21 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 (Reasonable Hypothesis)\n\n(No. 21 of 2019)\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 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 (Reasonable Hypothesis) (No. 21 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(2) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning acute articular cartilage tear No. 53 of 2010 (Federal Register of Legislation No. F2010L01666) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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\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\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that acute articular cartilage tear and death from acute articular cartilage tear 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\n9 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 acute articular cartilage tear or death from acute articular cartilage tear 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(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 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) 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 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":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2010 Statement (s4) and re-specifies the condition and causation criteria. It narrows the injury definition to acute (excluding chronic/degenerative tears) (s7(2)(b)), limits qualifying factors to three discrete items (s9), and adds a temporal restriction on factor 9(3) so it applies only where the tear pre-existed or was suffered before/during but did not arise out of service (s10(2)). It also formalises interaction with other Statements (s11)."},"complexity_factors":["Reliance on clinical definitions and onset timing (definition of acute tear; s7(2) and Note) which require medical interpretation.","Narrow list of disjunctive causation factors (s9) that must be proven, concentrating evidentiary burden on claimants to establish at least one.","Requirement that any factor be related to the person's relevant service (s10(1))—an evidentiary link whose evaluation is administrative/medical.","Special limitation on factor 9(3) (inability to obtain appropriate clinical management) applying only where the tear pre-existed or was suffered before/during but not arising out of service (s10(2)), adding a temporal/legal nuance.","Cross-reference to and dependence on other Statements of Principles where factors overlap (s11), creating inter-instrument interpretive interactions.","Express exclusion of chronic and degenerative tears (s7(2)(b)), narrowing scope and requiring distinction in clinical records.","Formal repeal of the prior 2010 Statement (s4) — a replacement that may change claim assessment practice.","Statutory basis and standard ('reasonable hypothesis') set by the Repatriation Medical Authority (s3, s8) leaves room for evidentiary and expert judgment in application."],"plain_english_summary":"This Statement of Principles sets out when an acute articular cartilage tear (or death contributed to by one) can be reasonably linked to a veteran’s relevant service for VEA/MRCA claims. It defines the injury, excludes chronic/degenerative tears, and lists three alternative factors which, if connected to service, raise a reasonable hypothesis for entitlement. The instrument replaces the earlier 2010 Statement and therefore governs how claims involving this injury are assessed."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose: establishing the medical criteria for linking acute articular cartilage tears to defence service. It replaces an earlier 2010 Statement of Principles (No. 53 of 2010) without expanding into new conditions, new claimant classes, or new legal tests."},"complexity_factors":["Short, single-purpose instrument (approximately 1,500 words)","Only 6 defined terms in the Dictionary (Schedule 1)","Straightforward conditional structure: three alternative factors in section 9, with only one nested limitation in section 10(2)","Minimal cross-referencing—only refers to parent Acts (VEA and MRCA) for service definitions","No exceptions to exceptions; clear exclusion of chronic/degenerative tears in section 7(2)(b)","Single operative test ('reasonable hypothesis') with bright-line criteria"],"plain_english_summary":"This Statement of Principles sets the medical-legal rules for claiming compensation for an acute articular cartilage tear of a joint under Australian veterans' law. It defines the injury (sudden tear causing immediate pain, not wear-and-tear) and specifies the service-linked circumstances required for acceptance.\n\nIt affects current and former ADF members, peacekeepers and other covered service personnel. By identifying service-related factors (including lack of access to treatment when relevant), it lowers the proof threshold for eligible claims."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-acute-articular-cartilage-tear-reasonable-hypothesis-no-21-of-201","history":"/api/acts/statement-of-principles-concerning-acute-articular-cartilage-tear-reasonable-hypothesis-no-21-of-201/history","analysis":"/api/acts/statement-of-principles-concerning-acute-articular-cartilage-tear-reasonable-hypothesis-no-21-of-201/analysis","conflicts":"/api/acts/statement-of-principles-concerning-acute-articular-cartilage-tear-reasonable-hypothesis-no-21-of-201/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-acute-articular-cartilage-tear-reasonable-hypothesis-no-21-of-201/important-cases","documents":"/api/acts/statement-of-principles-concerning-acute-articular-cartilage-tear-reasonable-hypothesis-no-21-of-201/documents"}}