{"id":"F2023L00484","name":"Statement of Principles concerning autosomal dominant polycystic kidney disease (Balance of Probabilities) (No. 36 of 2023)","slug":"statement-of-principles-concerning-autosomal-dominant-polycystic-kidney-disease-balance-of-probabili","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441830,"registerId":"F2023L00484-fast-fetch-1775957023162","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning autosomal dominant polycystic kidney disease (Balance of Probabilities) (No. 36 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\nAUTOSOMAL DOMINANT POLYCYSTIC KIDNEY DISEASE (Balance of Probabilities)\n\n(No. 36 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:
|\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 autosomal dominant polycystic kidney disease (Balance of Probabilities) (No. 36 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 autosomal dominant polycystic kidney disease No. 40 of 2015 (Federal Register of Legislation No. F2015L00005) 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 autosomal dominant polycystic kidney disease and death from autosomal dominant polycystic kidney disease.\n\nMeaning of autosomal dominant polycystic kidney disease\n\n(2) For the purposes of this Statement of Principles, autosomal dominant polycystic kidney disease:\n\n(a) means an autosomal dominant genetic disorder, which involves the development of multiple bilateral renal cysts and enlarged kidneys, associated with gradual deterioration of renal function, and may involve cysts in other organs such as the liver; and\n\n(b) excludes autosomal recessive polycystic kidney disease, medullary sponge kidney disease, medullary cystic kidney disease and acquired cystic disease of kidney.\n\n(3) While autosomal dominant polysystic kidney disease attracts ICD-10 -AM code Q61.2, in applying this Statement of Principles the meaning of autosomal dominant polysystic kidney disease 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 autosomal dominant polycystic kidney disease\n\n(5) For the purposes of this Statement of Principles, autosomal dominant polycystic kidney disease, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's autosomal dominant polycystic kidney disease.\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 autosomal dominant polycystic kidney disease and death from autosomal dominant polycystic kidney disease 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, autosomal dominant polycystic kidney disease or death from autosomal dominant polycystic kidney disease is connected with the circumstances of a person's relevant service:\n\n(1) inability to obtain appropriate clinical management for autosomal dominant polycystic kidney disease.\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 subsections 9(1) applies only to material contribution to, or aggravation of, autosomal dominant polycystic kidney disease where the person's autosomal dominant polycystic kidney disease 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 autosomal dominant polycystic kidney disease—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":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the narrow, specific scope typical of Repatriation Medical Authority Statements of Principles. It addresses one discrete medical condition (ADPKD) with a single compensable factor, consistent with the original statutory framework under section 196B(3) of the VEA. The repeal and replacement of the 2015 version represents routine updating rather than scope expansion."},"complexity_factors":["Short, single-purpose instrument (approximately 1,500 words)","Only 1 substantive factor for establishing service connection (section 9)","Limited cross-referencing — only refers to parent Acts (VEA, MRCA) and one repealed instrument","7 defined terms in Schedule 1, most being simple abbreviations or straightforward definitions","Clear structure with numbered sections and plain headings","Single conditional limitation in section 10(2) restricting the factor to aggravation/pre-existing cases only","No nested exceptions or complex logical operators"],"plain_english_summary":"This Statement of Principles governs whether autosomal dominant polycystic kidney disease (ADPKD) is accepted as service-related for veterans and current/former defence members seeking compensation. It applies only to ADPKD (excluding other cystic kidney diseases) and requires proof that lack of appropriate medical treatment during service affected a pre‑existing or concurrent condition — i.e., service aggravated, not caused, the disease.\n\nIt replaces the 2015 version and narrows the circumstances in which claims will succeed."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument repeals the 2015 Statement (s.4) and narrows the operative causal test to at least one factor — primarily inability to obtain appropriate clinical management (s.9(1)) — and limits material contribution/aggravation to diseases suffered or contracted before or during (but not arising out of) service (s.10(2)). It also reiterates the balance‑of‑probabilities medical‑evidence basis for linking ADPKD to service (s.8)."},"complexity_factors":["Single, narrow statutory causal factor: 'inability to obtain appropriate clinical management' must exist (s.9(1)) — simplifies the legal test but shifts emphasis to proof of management gaps.","Causation standard is balance of probabilities tied to medical‑scientific evidence (s.8) — requires expert medical input to establish probability and contribution.","Application limited to specified claim streams under VEA or MRCA (s.5) and to defined types of 'relevant service' in the Schedule — administrative scope is statutory and formal (s.5; Schedule 1).","Relationship-to-service nuance: the management-factor applies only where ADPKD was suffered or contracted before or during (but did not arise out of) service for material contribution/aggravation (s.10(2)) — creates a temporal and causal boundary that claimants must establish.","Interaction with other Statements of Principles: if a factor refers to another injury/disease covered by a different Statement, that other Statement applies (s.11) — introduces cross-referencing and possible overlap in expert evidence.","Death included via 'terminal event' causation (s.7(5); Schedule 1) — requires proximate-cause analysis linking ADPKD to listed terminal events.","Repeal and replacement of prior instrument (s.4) — administrative transition for cases previously assessed under the 2015 Statement.","Definition specificity: ADPKD given its own statutory meaning distinct from ICD-10-AM coding (s.7(2)–(4)) — reduces coding ambiguity but requires reliance on the instrument’s textual definition."],"plain_english_summary":"This Statement of Principles sets the legal test for linking autosomal dominant polycystic kidney disease (ADPKD) — and death from it — to eligible military service for claims under the Veterans' Entitlements Act or the Military Rehabilitation and Compensation Act. It requires at least one causal factor (chiefly an \"inability to obtain appropriate clinical management\"), defines ADPKD and terminal events, and places the causal standard on the balance of probabilities (see ss.5, 7, 8, 9). It affects veterans and serving members making entitlement claims."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-autosomal-dominant-polycystic-kidney-disease-balance-of-probabili","history":"/api/acts/statement-of-principles-concerning-autosomal-dominant-polycystic-kidney-disease-balance-of-probabili/history","analysis":"/api/acts/statement-of-principles-concerning-autosomal-dominant-polycystic-kidney-disease-balance-of-probabili/analysis","conflicts":"/api/acts/statement-of-principles-concerning-autosomal-dominant-polycystic-kidney-disease-balance-of-probabili/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-autosomal-dominant-polycystic-kidney-disease-balance-of-probabili/important-cases","documents":"/api/acts/statement-of-principles-concerning-autosomal-dominant-polycystic-kidney-disease-balance-of-probabili/documents"}}