{"id":"F2023L01165","name":"Statement of Principles concerning Charcot-Marie-Tooth disease (Balance of Probabilities) (No. 89 of 2023)","slug":"statement-of-principles-concerning-charcot-marie-tooth-disease-balance-of-probabilities-no-89-of-202","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442058,"registerId":"F2023L01165-fast-fetch-1775957178430","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning Charcot-Marie-Tooth disease (Balance of Probabilities) (No. 89 of 2023)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nCHARCOT-MARIE-TOOTH DISEASE (Balance of Probabilities)\n\n(No. 89 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 25 August 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 Charcot-Marie-Tooth disease (Balance of Probabilities) (No. 89 of 2023).\n\n2 Commencement\n\n This instrument commences on 26 September 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 charcot-marie-tooth disease No. 22 of 2015 (Federal Register of Legislation No. F2014 L01829) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 Charcot-Marie-Tooth disease and death from Charcot-Marie-Tooth disease.\n\nMeaning of Charcot-Marie-Tooth disease\n\n(2) For the purposes of this Statement of Principles, Charcot-Marie-Tooth disease means one of a group of genetic disorders of myelin structure or axon function which results in chronic peripheral motor and sensory neuropathies.\n\nNote: Clinical manifestations include progressive distal muscle weakness and atrophy starting in the feet and legs, gait disturbance and absent stretch reflexes.\n\n(3) While Charcot-Marie-Tooth disease attracts ICD‑10‑AM code G60.0, in applying this Statement of Principles the meaning of Charcot-Marie-Tooth 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 Charcot-Marie-Tooth disease\n\n(5) For the purposes of this Statement of Principles, Charcot-Marie-Tooth disease, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's Charcot-Marie-Tooth 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 Charcot-Marie-Tooth disease and death from Charcot-Marie-Tooth 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, Charcot-Marie-Tooth disease or death from Charcot-Marie-Tooth disease is connected with the circumstances of a person's relevant service:\n\n(1) inability to obtain appropriate clinical management for Charcot-Marie-Tooth disease before the clinical worsening of Charcot-Marie-Tooth 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, Charcot-Marie-Tooth disease where the person's Charcot-Marie-Tooth 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 charcot-marie-tooth 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 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 same narrow scope as its 2015 predecessor. It addresses only Charcot-Marie-Tooth disease and retains the single-factor test for aggravation of pre-existing genetic condition. The scope has not expanded beyond the original purpose of determining service connection for this specific hereditary neuropathy."},"complexity_factors":["Short, focused instrument with only 11 operative sections plus a brief dictionary","Single causal factor in section 9 (inability to obtain appropriate clinical management), making the operative test straightforward","Limited cross-referencing — primarily internal references to the Schedule 1 dictionary and standard references to the VEA and MRCA","Only 6 defined terms in the dictionary (charcot-marie-tooth disease, MRCA, relevant service, terminal event, VEA)","Simple conditional structure in section 10 limiting the factor to pre-existing disease aggravated by service","No nested exceptions or complex logical operators — the relationship between sections is linear and easy to follow","Standard boilerplate provisions (name, commencement, authority, repeal, application) that are consistent across all RMA SOPs"],"plain_english_summary":"This Statement of Principles sets the medical test for when Charcot–Marie–Tooth disease (CMT) can be linked to Australian military service for VEA and MRCA claims. It says CMT — a genetic condition present before or during service — is compensable only if service prevented proper treatment and that lack of treatment made the condition worse. It replaces the 2015 SOP."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2015 Statement of Principles (section 4) and replaces it. Its operative scope is set out for VEA/MRCA claims (section 5) and the causal/evidential requirements are defined here (sections 7–11). The text does not disclose the specific substantive differences from the repealed instrument; administratively, the scope now is whatever is defined in this instrument rather than the prior Statement."},"complexity_factors":["Narrow substantive scope: single mandatory factor for connection (section 9) reduces statutory complexity but focuses legal/medical disputes on that issue.","Standard of proof: uses 'more probable than not' framed against medical‑scientific evidence (section 8), creating evidentiary demands on claimants and decision‑makers.","Interplay with service rules: applies only to claims under VEA and MRCA and depends on the defined meaning of 'relevant service' (section 5; Schedule 1).","Temporal limitation: aggravation/material contribution rule applies only where CMT pre‑existed or was suffered before/during but did not arise out of service (section 10(2)), adding a timing analysis.","Cross‑references to other Statements: factors may refer to conditions covered by other Statements and import their terms (section 11), so claim resolution can require consulting multiple instruments.","Defined technical terms: reliance on medical and administrative definitions (section 7; Schedule 1) requires specialist interpretation.","Repeal and replacement: the instrument repeals the 2015 Statement (section 4), requiring administrators to treat this text as the current authority."],"plain_english_summary":"This instrument replaces the 2015 Statement and sets the medical test for linking Charcot‑Marie‑Tooth disease to a veteran’s service for VEA and MRCA claims. It records that, on the available medical‑scientific evidence, a service connection is more probable than not, and requires at least one factor: inability to obtain appropriate clinical management before clinical worsening. It affects veterans, decision‑makers and clinicians by defining the causal and evidential standard for compensation."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-charcot-marie-tooth-disease-balance-of-probabilities-no-89-of-202","history":"/api/acts/statement-of-principles-concerning-charcot-marie-tooth-disease-balance-of-probabilities-no-89-of-202/history","analysis":"/api/acts/statement-of-principles-concerning-charcot-marie-tooth-disease-balance-of-probabilities-no-89-of-202/analysis","conflicts":"/api/acts/statement-of-principles-concerning-charcot-marie-tooth-disease-balance-of-probabilities-no-89-of-202/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-charcot-marie-tooth-disease-balance-of-probabilities-no-89-of-202/important-cases","documents":"/api/acts/statement-of-principles-concerning-charcot-marie-tooth-disease-balance-of-probabilities-no-89-of-202/documents"}}