{"id":"F2023L00498","name":"Statement of Principles concerning albinism (Balance of Probabilities) (No. 32 of 2023)","slug":"statement-of-principles-concerning-albinism-balance-of-probabilities-no-32-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441837,"registerId":"F2023L00498-fast-fetch-1775957027451","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning albinism (Balance of Probabilities) (No. 32 of 2023)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nALBINISM (Balance of Probabilities)\n\n(No. 32 of 2023)\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 24 April 2023.\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 Terence Campbell AM
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 albinism (Balance of Probabilities) (No. 32 of 2023).\n\n2 Commencement\n\n This instrument commences on 23 May 2023.\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 albinism No. 20 of 2015 (Federal Register of Legislation No. F2014L01825) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 albinism and death from albinism.\n\nMeaning of albinism\n\n(2) For the purposes of this Statement of Principles, albinism:\n\n(a) means one of a group of genetic disorders of melanin biosynthesis, commonly involving a reduction in hair, skin or eye pigmentation, misrouting of optic nerve fibres and other ocular abnormalities; and\n\n(b) includes oculocutaneous albinism and ocular albinism.\n\n(3) While albinism attracts ICD‑10‑AM code E70.3, in applying this Statement of Principles the meaning of albinism 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 albinism\n\n(5) For the purposes of this Statement of Principles, albinism, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's albinism.\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 albinism and death from albinism 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, albinism or death from albinism is connected with the circumstances of a person's relevant service:\n\n(1) inability to obtain appropriate clinical management for albinism.\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(1) applies only to material contribution to, or aggravation of, albinism where the person's albinism 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 albinism—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":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the prior 2015 Statement (s4) and replaces it with a narrower, operational test: it explicitly covers albinism and death from albinism (s7), requires at least one factor — inability to obtain appropriate clinical management — for a finding of service connection (s9), and limits material contribution/aggravation to cases where albinism existed before or during (but did not arise out of) service (s10(2)). It cross‑applies other Statements where relevant (s11) and references ICD‑10‑AM for classification (s7(3)–(4)). The Repatriation Medical Authority issues the Statement (s3); claims are handled under the VEA/MRCA framework (s5)."},"complexity_factors":["Single listed factual factor but requires proof of a service link (s9; s10) — creates a narrow legal gateway that must be medically established.","Timing nuance: material contribution/aggravation test limited to albinism suffered or contracted before or during (but not arising out of) service (s10(2)).","Cross‑reference and interaction with other Statements of Principles where an injury/disease is involved (s11) — may require consulting multiple instruments.","Defined terms and clinical coding references (albinism definition, ICD‑10‑AM E70.3) add technical medical interpretation tasks (s7(2)–(4); Schedule).","Inclusion of death via terminal event definition expands covered outcomes and requires cause‑of‑death analysis (s7(5); Schedule).","Standard of proof and evidentiary burden: ‘balance of probabilities’ grounded in medical‑scientific evidence places assessment weight on expert medical findings (s8).","Administrative effects: RMA issues the Statement (s3); decision makers under the VEA/MRCA must apply it to claims (s5), creating operational assessment and verification work.","Repeal of the 2015 Statement (s4) creates transitional or interpretive issues for ongoing claims or precedents."],"plain_english_summary":"This instrument sets the medical test for linking albinism (including death from albinism) to military/repatriation service for veterans’ compensation claims. It applies to claims under the VEA and MRCA, replaces the 2015 Statement, and requires at least one statutory factor — inability to obtain appropriate clinical management — plus a causal link to the person’s relevant service. It matters because it defines what medical circumstances will satisfy entitlement decisions."},"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":"This instrument maintains the same narrow scope as its 2015 predecessor. It addresses only albinism and death from albinism in the context of veterans' compensation claims. The 2023 version appears to be a routine republication or minor update rather than an expansion of scope."},"complexity_factors":["Short, focused instrument (approximately 1,500 words)","Only 7 defined terms in the Dictionary (albinism, MRCA, relevant service, terminal event, VEA, plus two cross-references)","Single causal factor in section 9 (inability to obtain appropriate clinical management)","Limited conditional logic: section 10(2) contains one nested condition limiting when the factor applies (pre-existing condition + material contribution/aggravation)","Clear structure following standard Repatriation Medical Authority template","Minimal cross-referencing: only refers to parent Acts (VEA and MRCA) and one repealed instrument","Straightforward definition of albinism with reference to ICD-10-AM coding"],"plain_english_summary":"This Statement of Principles from the Repatriation Medical Authority sets the medical test for when albinism (reduced pigmentation and vision problems) can be treated as connected to ADF service. It replaces the 2015 version and applies to claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.\n\nIt affects current and former ADF members and veterans seeking compensation, and makes service-connection possible only where service-related inability to obtain appropriate clinical management worsened or contributed to the condition."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-albinism-balance-of-probabilities-no-32-of-2023","history":"/api/acts/statement-of-principles-concerning-albinism-balance-of-probabilities-no-32-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-albinism-balance-of-probabilities-no-32-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-albinism-balance-of-probabilities-no-32-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-albinism-balance-of-probabilities-no-32-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-albinism-balance-of-probabilities-no-32-of-2023/documents"}}