{"id":"F2021L00002","name":"Statement of Principles concerning acute infectious mononucleosis (Reasonable Hypothesis) (No. 17 of 2021)","slug":"statement-of-principles-concerning-acute-infectious-mononucleosis-reasonable-hypothesis-no-17-of-202","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440725,"registerId":"F2021L00002-fast-fetch-1775956263682","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning acute infectious mononucleosis (Reasonable Hypothesis) (No. 17 of 2021)","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 INFECTIOUS MONONUCLEOSIS (Reasonable Hypothesis)\n\n(No. 17 of 2021)\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 24 December 2020\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:
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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 infectious mononucleosis (Reasonable Hypothesis) (No. 17 of 2021).\n\n2 Commencement\n\n This instrument commences on 25 January 2021.\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 infectious mononucleosis No. 3 of 2012 (Federal Register of Legislation No. F2012L00007) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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 infectious mononucleosis and death from acute infectious mononucleosis.\n\nMeaning of acute infectious mononucleosis\n\n(2) For the purposes of this Statement of Principles, acute infectious mononucleosis means an illness caused by infection with the Epstein-Barr virus, accompanied by laboratory evidence of recently acquired Epstein-Barr virus infection.\n\nNote: Typical clinical features of acute infectious mononucleosis include pharyngitis, lymphadenopathy, splenomegaly, fever, fatigue, myalgia and atypical lymphocytosis.\n\n(3) While acute infectious mononucleosis attracts ICD‑10‑AM code B27.0, in applying this Statement of Principles the meaning of acute infectious mononucleosis 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 acute infectious mononucleosis\n\n(5) For the purposes of this Statement of Principles, acute infectious mononucleosis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's acute infectious mononucleosis.\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 infectious mononucleosis and death from acute infectious mononucleosis 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 infectious mononucleosis or death from acute infectious mononucleosis with the circumstances of a person's relevant service:\n\n(1) being exposed to the Epstein-Barr virus between 12 and 50 days before the clinical onset of acute infectious mononucleosis;\n\nNote: being exposed to the Epstein-Barr virus is defined in the Schedule 1 - Dictionary. \n\n(2) inability to obtain appropriate clinical management for acute infectious mononucleosis.\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, acute infectious mononucleosis where the person's acute infectious mononucleosis 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 infectious mononucleosis—see subsection 7(2).\n\n being exposed to the Epstein-Barr virus means:\n\n(a) having exposure of the oral mucosa to saliva infected with the Epstein-Barr virus; or\n\n(b) receiving a blood transfusion, blood products, a stem cell transplant or an organ transplant infected with the Epstein-Barr virus.\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":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow scope as its 2012 predecessor. It continues to address only acute infectious mononucleosis in the context of veterans' compensation, using the established 'Reasonable Hypothesis' framework. The 2021 update appears to be a routine refresh to incorporate current medical evidence and updated ICD-10-AM coding references, without expanding into new conditions or altering the fundamental eligibility structure."},"complexity_factors":["Short, single-purpose instrument (11 sections plus dictionary)","Only 7 defined terms in Schedule 1","Simple conditional structure: one of two factors must exist, plus service connection","Minimal cross-referencing — only refers to parent Acts (VEA and MRCA) for service definitions","No nested exceptions or complex temporal calculations beyond the 12–50 day exposure window","Straightforward repeal and replacement of single predecessor instrument"],"plain_english_summary":"This instrument updates the 2012 rules for claiming compensation for acute infectious mononucleosis (EBV-confirmed) through DVA, defining the condition and how it can be linked to service. It affects current and former ADF members, veterans and peacekeepers claiming under the VEA or MRCA. As a “reasonable hypothesis” instrument it lowers the proof threshold: claimants need lab evidence of recent EBV plus service-linked exposure or lack of timely treatment (the latter only if mono began before/during service)."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2012 Statement (s4) and replaces it with provisions that (a) define the condition as EBV infection with laboratory evidence (s7(2)), (b) set two specific qualifying factors including a 12–50 day exposure window (s9(1)) and inability to obtain appropriate clinical management (s9(2)), and (c) require that any factor be related to relevant service (s10). The source text does not contain the 2012 Statement, so the precise extent of substantive change from that earlier instrument cannot be determined here."},"complexity_factors":["Medical-evidence requirement: condition defined as EBV infection with laboratory evidence (s7(2)), requiring clinical proof rather than clinical features alone.","Precise temporal exposure window: exposure must have occurred 12–50 days before clinical onset to qualify (s9(1)).","Two alternative qualifying factors: either exposure timing or inability to obtain appropriate clinical management (s9(1)–(2)), creating distinct evidentiary paths.","Service-connection linkage: any qualifying factor must be related to the person’s relevant service (s10(1)); the management-related factor is limited to material contribution or aggravation where the condition pre-dated or occurred during but did not arise out of service (s10(2)).","Interaction with other Statements of Principles: if a factor refers to another disease covered by a separate Statement, that Statement’s factors apply (s11).","Application to statutory claim routes: instrument applies specifically to claims under s120A of the VEA or s338 of the MRCA (s5).","Defined exposure modes and death linkage: detailed exposure definitions (Schedule 1) and inclusion of death from a terminal event contributed to by the condition (s7(2),(5)).","Repeal and replacement of prior instrument: the 2012 Statement is expressly repealed (s4), requiring attention to any procedural or substantive changes for existing claim processes."],"plain_english_summary":"This Statement defines acute infectious mononucleosis as an Epstein–Barr virus infection confirmed by laboratory evidence and sets the medical criteria for linking it to military service in claims under the VEA or MRCA. It applies to veterans, members of Peacekeeping Forces and other eligible service members.\n\nTo raise a reasonable hypothesis for entitlement, a claimant must show either exposure to EBV 12–50 days before clinical onset, or inability to obtain appropriate clinical management, and that the factor is related to the person’s relevant service."},"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-acute-infectious-mononucleosis-reasonable-hypothesis-no-17-of-202","history":"/api/acts/statement-of-principles-concerning-acute-infectious-mononucleosis-reasonable-hypothesis-no-17-of-202/history","analysis":"/api/acts/statement-of-principles-concerning-acute-infectious-mononucleosis-reasonable-hypothesis-no-17-of-202/analysis","conflicts":"/api/acts/statement-of-principles-concerning-acute-infectious-mononucleosis-reasonable-hypothesis-no-17-of-202/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-acute-infectious-mononucleosis-reasonable-hypothesis-no-17-of-202/important-cases","documents":"/api/acts/statement-of-principles-concerning-acute-infectious-mononucleosis-reasonable-hypothesis-no-17-of-202/documents"}}