{"id":"F2023L00497","name":"Statement of Principles concerning albinism (Reasonable Hypothesis) (No. 31 of 2023)","slug":"statement-of-principles-concerning-albinism-reasonable-hypothesis-no-31-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441836,"registerId":"F2023L00497-fast-fetch-1775957027453","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning albinism (Reasonable Hypothesis) (No. 31 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 (Reasonable Hypothesis)\n\n(No. 31 of 2023)\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 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:
|\n| --- |\n|
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 (Reasonable Hypothesis) (No. 31 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(2) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning albinism No. 19 of 2015 (Federal Register of Legislation No. F2014L01823) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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 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\nThe Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that albinism and death from albinism 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 albinism or death from albinism 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(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\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) 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_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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2015 Statement and replaces it. It continues to apply to claims under s.120A of the VEA and s.338 of the MRCA but clarifies scope: it defines albinism and death from albinism, requires as the minimum connecting factor an inability to obtain appropriate clinical management, and limits that factor to material contribution or aggravation where albinism was suffered or contracted before or during (but did not arise out of) relevant service. The repeal-plus-replacement therefore changes the operative text and may alter claim assessment by narrowing the statutory factual gateway and by linking to other Statements where relevant."},"complexity_factors":["Cross-references to primary statutes (Veterans' Entitlements Act 1986 and Military Rehabilitation and Compensation Act 2004) and specific claim provisions (s.120A VEA; s.338 MRCA).","Technical medical definition of albinism and explicit reference to ICD-10-AM coding (E70.3) and medical concepts (melanin biosynthesis, optic nerve misrouting).","Narrow single 'factor that must exist' (inability to obtain appropriate clinical management) but with timing and causation limits (pre-existing or during service, not arising out of service).","Inclusion of 'death from albinism' via terminal events list, which requires mapping clinical causes of death back to albinism contribution.","Interplay with other Statements of Principles: factors may refer to other Statements and thereby import external criteria.","Administrative discretion: the Repatriation Medical Authority determines whether the required factor raises a reasonable hypothesis.","Repeal of the earlier 2015 Statement increases need to compare prior wording for claims already in the system (administrative transition/interpretation issues)."],"plain_english_summary":"This instrument replaces the 2015 Statement and sets the Repatriation Medical Authority’s criteria for when albinism (including oculocutaneous and ocular forms) or death from albinism can be reasonably linked to a veteran’s or service member’s relevant service for claims under the VEA or MRCA. Mechanically, it defines albinism and death from albinism and requires as the minimum factual basis an inability to obtain appropriate clinical management; the Authority decides whether the nominated factor, related to the person’s service, is established."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose. It replaces the 2015 version without expanding the scope—still focused solely on establishing the causal connection test for albinism claims under veterans' compensation law. No new categories of claimants or conditions added."},"complexity_factors":["Very short instrument (approximately 1,500 words)","Only 7 defined terms in the Dictionary","Single operative factor in section 9 (only one condition to meet)","Minimal cross-referencing—primarily internal references to the Dictionary and definitions","No nested exceptions or conditional logic chains","Straightforward structure: definitions, single factor, relationship to service, dictionary","Repeals only one previous instrument with no transitional provisions"],"plain_english_summary":"This instrument updates the rules for when Australian veterans and current/former defence members can claim compensation for albinism, replacing the 2015 version and broadly covering both oculocutaneous and ocular forms. It creates a single test: a compensable link exists where service caused an inability to obtain appropriate clinical management for albinism, including making a pre‑existing condition worse or harder to treat. Notably, the “reasonable hypothesis” threshold is relatively claimant‑friendly, easing access to compensation where service impeded care."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-albinism-reasonable-hypothesis-no-31-of-2023","history":"/api/acts/statement-of-principles-concerning-albinism-reasonable-hypothesis-no-31-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-albinism-reasonable-hypothesis-no-31-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-albinism-reasonable-hypothesis-no-31-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-albinism-reasonable-hypothesis-no-31-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-albinism-reasonable-hypothesis-no-31-of-2023/documents"}}