{"id":"F2019L00247","name":"Statement of Principles concerning acute meniscal tear of the knee (Balance of Probabilities) (No. 26 of 2019)","slug":"statement-of-principles-concerning-acute-meniscal-tear-of-the-knee-balance-of-probabilities-no-26-of","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439964,"registerId":"F2019L00247-fast-fetch-1775955780910","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning acute meniscal tear of the knee (Balance of Probabilities) (No. 26 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 MENISCAL TEAR OF THE KNEE (Balance of Probabilities)\n\n(No. 26 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 meniscal tear of the knee (Balance of Probabilities) (No. 26 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 meniscal tear of the knee No. 56 of 2010 (Federal Register of Legislation No. F2010L01669) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 meniscal tear of the knee and death from acute meniscal tear of the knee.\n\nMeaning of acute meniscal tear of the knee\n\n(2) For the purposes of this Statement of Principles, acute meniscal tear of the knee:\n\n(a) means an injury causing tearing of a meniscus of the knee joint resulting in a sudden onset of pain and tenderness; and\n\n(b) excludes chronic tear and degenerative disease of the meniscus.\n\nNote: Acute meniscal tear of the knee may be accompanied by the following symptoms and signs occurring within the 24 hours following the injury: pain exacerbated by twisting or pivoting movements, swelling, locking, or loss of functional ability.\n\n(3) While acute meniscal tear of the knee attracts ICD‑10‑AM code S83.2, in applying this Statement of Principles the meaning of acute meniscal tear of the knee 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 meniscal tear of the knee\n\n(5) For the purposes of this Statement of Principles, acute meniscal tear of the knee, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's acute meniscal tear of the knee.\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 meniscal tear of the knee and death from acute meniscal tear of the knee 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 meniscal tear of the knee or death from acute meniscal tear of the knee 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 knee joint at the time of the clinical onset of acute meniscal tear of the knee;\n\n(2) inability to obtain appropriate clinical management for acute meniscal tear of the knee.\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 meniscal tear of the knee where the person's acute meniscal tear of the knee 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 meniscal tear of the knee—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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier Statement of Principles No. 56 of 2010 (s4) and replaces it with the current criteria, effective 25 March 2019 (s2). It applies to claims under VEA s120B and MRCA s339 (s5) and sets two specific qualifying factors for linking acute meniscal tear to relevant service (s9), while excluding chronic/degenerative meniscal disease (s7(2)) and including death from a terminal event contributed to by the condition (s7(5))."},"complexity_factors":["Legal causation standard: uses 'balance of probabilities' (s8), requiring more-likely-than-not linkage rather than scientific certainty.","Narrow clinical definition: distinguishes acute meniscal tear from chronic/degenerative disease and ties to specific clinical onset features (s7(2)).","Limited evidentiary factors: only two qualifying factors listed (significant physical force at clinical onset; inability to obtain appropriate clinical management) (s9), creating a binary assessment.","Temporal and scope nuance: the management‑access factor applies only where the condition was suffered before or during but did not arise out of relevant service (s10(2)).","Interaction with other Statements of Principles: cross-reference rule for injuries/diseases covered elsewhere (s11) can complicate which SOP governs (s11).","Administrative framing: instrument is made under VEA subsection 196B(3) and replaces a prior SOP (s3, s4), requiring assessors to apply the new text from commencement (s2).","Defined terms and coding: statutory definitions (Schedule 1) and an ICD‑10‑AM code reference (s7(3)–(4)) impose technical interpretation choices for medical assessors."],"plain_english_summary":"This instrument sets the medical criteria the Repatriation Medical Authority uses to decide whether an acute meniscal tear of the knee (not degenerative tears) is connected to a veteran’s or service member’s relevant service. It applies to claims under the Veterans’ Entitlements Act 1986 (s120B) and the Military Rehabilitation and Compensation Act 2004 (s339). It requires either a significant physical force at the time of clinical onset or, in limited circumstances, inability to obtain appropriate clinical management to establish a service connection."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: establishing the causal factors for a specific knee injury in veterans' compensation claims. The 2019 version repeals and replaces the 2010 version but does not expand beyond the original scope of defining service connection for acute meniscal tears."},"complexity_factors":["Short, single-purpose instrument (11 sections plus a brief dictionary)","Only 5 defined terms in Schedule 1","Simple binary test in section 9 (only 2 alternative factors required)","Minimal cross-referencing — primarily internal references to the Dictionary and standard references to the VEA and MRCA","One conditional limitation (section 10(2)) restricting the 'inability to obtain appropriate clinical management' factor to pre-existing or concurrent conditions","Clear structure following the standard Repatriation Medical Authority template"],"plain_english_summary":"This Statement of Principles sets the medical rules for when veterans and current or former Australian Defence Force members can get compensation for an acute meniscal tear (a sudden, symptomatic knee cartilage tear). It defines the injury and requires the Repatriation Medical Authority to be satisfied that at least one connecting factor existed: significant force to the knee, or inability to obtain proper treatment (the latter only if the injury began before or during service).\n\nIt also allows compensation where the injury contributed to death and replaces the 2010 version."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-acute-meniscal-tear-of-the-knee-balance-of-probabilities-no-26-of","history":"/api/acts/statement-of-principles-concerning-acute-meniscal-tear-of-the-knee-balance-of-probabilities-no-26-of/history","analysis":"/api/acts/statement-of-principles-concerning-acute-meniscal-tear-of-the-knee-balance-of-probabilities-no-26-of/analysis","conflicts":"/api/acts/statement-of-principles-concerning-acute-meniscal-tear-of-the-knee-balance-of-probabilities-no-26-of/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-acute-meniscal-tear-of-the-knee-balance-of-probabilities-no-26-of/important-cases","documents":"/api/acts/statement-of-principles-concerning-acute-meniscal-tear-of-the-knee-balance-of-probabilities-no-26-of/documents"}}