{"id":"F2021L00606","name":"Statement of Principles concerning asbestosis (Balance of Probabilities) (No. 60 of 2021)","slug":"statement-of-principles-concerning-asbestosis-balance-of-probabilities-no-60-of-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440852,"registerId":"F2021L00606-fast-fetch-1775956333490","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning asbestosis (Balance of Probabilities) (No. 60 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\nASBESTOSIS (Balance of Probabilities)\n\n(No. 60 of 2021)\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 21 May 2021\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 asbestosis (Balance of Probabilities) (No. 60 of 2021).\n\n2 Commencement\n\n This instrument commences on 21 June 2021.\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 asbestosis No. 56 of 2013 (Federal Register of Legislation No. F2013L01644) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 asbestosis and death from asbestosis.\n\nMeaning of asbestosis\n\n(2) For the purposes of this Statement of Principles, asbestosis means interstitial fibrosis of the lung caused by the deposition of asbestos fibres in the lung parenchyma.\n\nNote: Fibrosis of the lung can vary in extent from minor involvement of the basal areas to extensive scarring.\n\n(3) While asbestosis attracts ICD‑10‑AM code J61, in applying this Statement of Principles the meaning of asbestosis 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 asbestosis\n\n(5) For the purposes of this Statement of Principles, asbestosis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's asbestosis.\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 asbestosis and death from asbestosis 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, asbestosis or death from asbestosis is connected with the circumstances of a person's relevant service:\n\n(1) inhaling respirable asbestos fibres in an enclosed space at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed:\n\n(a) for a cumulative period of at least 1,500 hours before the clinical onset of asbestosis; and\n\n(b) where the first inhalation of asbestos fibres commenced at least 10 years before the clinical onset of asbestosis;\n\nNote: Disturbance of debris or dust contaminated with asbestos fibres already present in an enclosed space may result in exposure to respirable asbestos fibres.\n\n(2) inhaling respirable asbestos fibres in an open environment at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed:\n\n(a) for a cumulative period of at least 5,000 hours before the clinical onset of asbestosis; and\n\n(b) where the first inhalation of asbestos fibres commenced at least 10 years before the clinical onset of asbestosis;\n\nNote: Disturbance of debris or dust contaminated with asbestos fibres already present in an open environment may result in exposure to respirable asbestos fibres.\n\n(3) inhaling respirable asbestos fibres at the time material containing respirable asbestos fibres was being applied, removed, cut, drilled, dislodged or disturbed:\n\n(a) for a cumulative period of at least 1,500 hours before the clinical worsening of asbestosis; and\n\n(b) within the 2 years before the clinical worsening of asbestosis;\n\nNote: Disturbance of debris or dust contaminated with asbestos fibres already present in an enclosed space or an open environment may result in exposure to respirable asbestos fibres.\n\n(4) inability to obtain appropriate clinical management for asbestosis.\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 factors set out in subsections 9(3) to 9(4) apply only to material contribution to, or aggravation of, asbestosis where the person's asbestosis 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 asbestosis—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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its predecessor and the statutory framework under which it operates. It is a routine replacement of the 2013 Statement of Principles concerning asbestosis, updated to reflect current medical evidence and statutory references. The scope remains tightly focused on establishing medical criteria for linking asbestosis to eligible military service."},"complexity_factors":["Multiple cumulative hour thresholds (1,500 hours enclosed, 5,000 hours open, 1,500 hours for worsening) with different temporal requirements","Nested conditions within each factor (exposure type + duration + timing requirements)","Cross-references to two separate Acts (VEA and MRCA) and their specific service definitions","Distinction between initial onset and clinical worsening with different evidentiary rules","Incorporation of external medical classification system (ICD-10-AM Tenth Edition)","Conditional logic in section 10(2) limiting certain factors to aggravation cases only","Self-referential definition structure (asbestosis defined in section 7(2), referenced in Dictionary)"],"plain_english_summary":"This instrument sets the medical criteria used to decide veterans’ and current/former defence personnel’s claims for asbestosis or death from asbestosis under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. \n\nIt says asbestosis can be service‑related only if specific exposure and timing tests are met (examples: prolonged enclosed exposure ~1,500 hours or open‑air ~5,000 hours, timing windows for onset or worsening), requires the link be to military service, replaces the 2013 rules, and uses the “balance of probabilities” standard."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument repeals the prior Statement (s4) but does not expressly broaden or narrow the classes of claimants: it continues to apply to claims under the VEA (section 120B) and the MRCA (section 339) (s5) and addresses asbestosis and death from asbestosis (s7). No explicit change of claimant scope or new exclusions is stated."},"complexity_factors":["Technical medical definition of asbestosis and inclusion of death via terminal events (s7(2), s7(5); Schedule 1).","Quantitative exposure thresholds and latency requirements differ by environment and outcome (s9(1)–(3)): 1,500/5,000 cumulative hours and 10-year minima, and a 2-year window for clinical worsening (s9).","Non-exposure factor of inability to obtain appropriate clinical management as a basis for connection (s9(4)).","Requirement that any listed factor be related to the person’s relevant service (s10(1)), and limited application of s9(3)–(4) to aggravation of pre-existing asbestosis (s10(2)).","Interaction with other Statements of Principles—where a factor refers to another injury/disease, that other Statement’s terms apply (s11).","Legal standard articulated as balance of probabilities and reliance on available medical‑scientific evidence (s8).","Administrative change: repeal of the prior Statement and commencement timing (s4, s2).","Potential interpretive ambiguity over terms like 'enclosed space' and 'open environment' which are used but not further defined in this instrument (s9)."],"plain_english_summary":"This instrument replaces the prior asbestosis Statement of Principles and sets the medical and exposure rules used to decide whether asbestosis (or death from it) is connected to a person’s relevant service. It specifies a medical definition of asbestosis, minimum cumulative exposure and latency thresholds, and includes death from terminal events. It applies to claims under the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act and is intended to reflect the Authority’s view of the medical evidence."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-asbestosis-balance-of-probabilities-no-60-of-2021","history":"/api/acts/statement-of-principles-concerning-asbestosis-balance-of-probabilities-no-60-of-2021/history","analysis":"/api/acts/statement-of-principles-concerning-asbestosis-balance-of-probabilities-no-60-of-2021/analysis","conflicts":"/api/acts/statement-of-principles-concerning-asbestosis-balance-of-probabilities-no-60-of-2021/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-asbestosis-balance-of-probabilities-no-60-of-2021/important-cases","documents":"/api/acts/statement-of-principles-concerning-asbestosis-balance-of-probabilities-no-60-of-2021/documents"}}