{"id":"F2023L00483","name":"Statement of Principles concerning autosomal dominant polycystic kidney disease (Reasonable Hypothesis) (No. 35 of 2023)","slug":"statement-of-principles-concerning-autosomal-dominant-polycystic-kidney-disease-reasonable-hypothesi","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441829,"registerId":"F2023L00483-fast-fetch-1775957023144","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 (Reasonable Hypothesis) (No. 35 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 (Reasonable Hypothesis)\n\n(No. 35 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 autosomal dominant polycystic kidney disease (Reasonable Hypothesis) (No. 35 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 autosomal dominant polycystic kidney disease No. 39 of 2015 (Federal Register of Legislation No. F2015L00004) 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 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 polycystic kidney disease attracts ICD‑10‑AM code Q61.2, in applying this Statement of Principles the meaning of autosomal dominant polycystic 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\nThe Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that autosomal dominant polycystic kidney disease and death from autosomal dominant polycystic kidney disease 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 autosomal dominant polycystic kidney disease or death from autosomal dominant polycystic kidney disease 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 subsection 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(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 autosomal dominant polysystic 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) 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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow scope as its 2015 predecessor and other Statements of Principles. It addresses a specific genetic condition with a single aggravation-based factor, consistent with the original intent of the Repatriation Medical Authority's framework to provide clear, disease-specific guidance for veterans' compensation claims."},"complexity_factors":["Short, focused instrument (approximately 3 pages)","Only 5 defined terms in the Dictionary (Schedule 1)","Single causal factor in section 9 (inability to obtain appropriate clinical management)","Clear limitation in section 10(2) restricting the factor to aggravation/pre-existing conditions only","Minimal cross-referencing — only refers to parent legislation (VEA and MRCA) and one repealed instrument","Straightforward structure following standard Repatriation Medical Authority template","No nested exceptions or complex conditional logic beyond the single limitation in section 10(2)"],"plain_english_summary":"This Statement of Principles sets the medical criteria for deciding whether autosomal dominant polycystic kidney disease (ADPKD) is connected to Australian Defence service for claims under the Veterans’ Entitlements Act and Military Rehabilitation and Compensation Act, replacing the 2015 version. ADPKD is an inherited kidney disorder, so service cannot cause it; compensation can be considered only if a reasonable hypothesis links service—typically through inability to access proper treatment during service—to worsening or poor management of a pre‑existing condition."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument expressly repeals the 2015 Statement (s4) and replaces it. It narrows the operative connection to a single qualifying factor — inability to obtain appropriate clinical management — that must be related to relevant service (s9, s10). It also clarifies that material contribution or aggravation applies only where ADPKD was suffered or contracted before or during (but did not arise out of) service, and it defines death from ADPKD to include specified terminal events (s7(2),(5); Schedule 1)."},"complexity_factors":["Cross‑references to Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 and specific claim provisions (s5, Schedule 1 definitions).","Legal framing of a single, clinically assessed qualifying factor — 'inability to obtain appropriate clinical management' — which requires medical evidence and factual inquiry (s9).","Relationship rule that the qualifying factor must be related to relevant service and that material contribution/aggravation applies only where disease was suffered or contracted before or during (but did not arise out of) service (s10).","Interaction rule importing factors from other Statements of Principles where overlap occurs, creating cross‑instrument dependency (s11).","Repeal of the prior 2015 Statement (s4) requiring administrators and decision makers to update processes and precedents.","Inclusion of death via terminal events and definitional content that shapes how mortality claims are assessed (s7(5), Schedule 1)."],"plain_english_summary":"This Statement of Principles, commencing 23 May 2023, replaces the 2015 statement and sets the medical test the Repatriation Medical Authority uses to decide whether autosomal dominant polycystic kidney disease (ADPKD) or death from ADPKD can be connected to a person’s military or peacekeeping service. It applies to claims under section 120A of the VEA and section 338 of the MRCA. The Authority states there is medical‑scientific evidence linking ADPKD to service and identifies inability to obtain appropriate clinical management as the qualifying factor that must be related to service."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-autosomal-dominant-polycystic-kidney-disease-reasonable-hypothesi","history":"/api/acts/statement-of-principles-concerning-autosomal-dominant-polycystic-kidney-disease-reasonable-hypothesi/history","analysis":"/api/acts/statement-of-principles-concerning-autosomal-dominant-polycystic-kidney-disease-reasonable-hypothesi/analysis","conflicts":"/api/acts/statement-of-principles-concerning-autosomal-dominant-polycystic-kidney-disease-reasonable-hypothesi/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-autosomal-dominant-polycystic-kidney-disease-reasonable-hypothesi/important-cases","documents":"/api/acts/statement-of-principles-concerning-autosomal-dominant-polycystic-kidney-disease-reasonable-hypothesi/documents"}}