{"id":"F2021L00605","name":"Statement of Principles concerning asbestosis (Reasonable Hypothesis) (No. 59 of 2021)","slug":"statement-of-principles-concerning-asbestosis-reasonable-hypothesis-no-59-of-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440853,"registerId":"F2021L00605-fast-fetch-1775956333492","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning asbestosis (Reasonable Hypothesis) (No. 59 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 (Reasonable Hypothesis)\n\n(No. 59 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 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:
|\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 asbestosis (Reasonable Hypothesis) (No. 59 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(2) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning asbestosis No. 55 of 2013 (Federal Register of Legislation No. F2013L01643) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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 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\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that asbestosis and death from asbestosis 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 asbestosis or death from asbestosis 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 1,000 hours before the clinical onset of asbestosis; and\n\n(b) where the first inhalation of asbestos fibres commenced at least 5 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 3,000 hours before the clinical onset of asbestosis; and\n\n(b) where the first inhalation of asbestos fibres commenced at least 5 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 1,000 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(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 asbestosis—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":"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 established scope of Repatriation Medical Authority Statements of Principles. It replaces the 2013 version (No. 55) with updated medical evidence and timeframes, but does not expand beyond the original purpose of establishing causation criteria for asbestosis in the veteran compensation context. The structure and approach remain consistent with the long-standing framework under section 196B(2) of the VEA."},"complexity_factors":["Multiple cumulative time thresholds (1,000 hours vs 3,000 hours) with different environmental conditions (enclosed vs open)","Nested temporal requirements (5-year latency period for onset, 2-year window for worsening)","Cross-references to two separate Acts (Veterans' Entitlements Act 1986 and Military Rehabilitation and Compensation Act 2004)","Conditional logic distinguishing between 'clinical onset' and 'clinical worsening' with different factor sets","Technical medical terminology requiring definition (interstitial fibrosis, lung parenchyma, respirable fibres, ICD-10-AM codes)","Recursive definition structure where 'asbestosis' is defined in section 7(2) then referenced in Schedule 1","Section 11 creates dynamic incorporation of other Statements of Principles by reference ('as in force from time to time')"],"plain_english_summary":"This rulebook sets the medical tests used to decide whether Australian veterans, current and former defence members, and their families can get compensation for asbestosis. \n\nIt prescribes evidence-based exposure and timing thresholds (including specified hours in enclosed/open air, windows for worsening and death-related claims) so claimants can establish a reasonable hypothesis linking service to disease without proving the exact exposure source, replacing and updating the 2013 rules."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier Statement of Principles No.55 of 2013 (s4) and replaces it with new criteria. It applies to claims covered by section 120A of the VEA or section 338 of the MRCA (s5) and sets specific exposure thresholds, latency periods and aggravation rules (s9–s10), thereby changing the detailed evidentiary tests used to connect asbestosis to relevant service."},"complexity_factors":["Technical medical definition of asbestosis and death from asbestosis (s7(2), s7(5))","Quantitative exposure thresholds and time windows (cumulative hours, latency periods) with different rules for enclosed vs open environments and for clinical onset vs worsening (s9(1)–(3))","Requirement that any qualifying factor be related to the person’s relevant service (s10(1)) and limited application of aggravation material (s10(2))","Interaction with other Statements of Principles where overlapping injuries/diseases exist (s11)","Reference to external medical classification (ICD‑10‑AM) for coding consistency (s7(3)–(4))","Repeal of the earlier 2013 Statement and re‑establishment of criteria (s4)"],"plain_english_summary":"This instrument sets the medical criteria the Repatriation Medical Authority uses to decide whether a reasonable hypothesis links asbestosis (or death from it) to a person’s relevant military service. It applies to claims under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. \n\nIt defines asbestosis medically, prescribes exposure thresholds, latency and aggravation rules (hours, enclosed vs open settings, and time‑windows), and directs decision‑makers to apply these factors when assessing entitlement and any payments or benefits under the VEA/MRCA."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-asbestosis-reasonable-hypothesis-no-59-of-2021","history":"/api/acts/statement-of-principles-concerning-asbestosis-reasonable-hypothesis-no-59-of-2021/history","analysis":"/api/acts/statement-of-principles-concerning-asbestosis-reasonable-hypothesis-no-59-of-2021/analysis","conflicts":"/api/acts/statement-of-principles-concerning-asbestosis-reasonable-hypothesis-no-59-of-2021/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-asbestosis-reasonable-hypothesis-no-59-of-2021/important-cases","documents":"/api/acts/statement-of-principles-concerning-asbestosis-reasonable-hypothesis-no-59-of-2021/documents"}}