{"id":"F2020L01105","name":"Statement of Principles concerning chronic pancreatitis (Balance of Probabilities) (No. 65 of 2020)","slug":"statement-of-principles-concerning-chronic-pancreatitis-balance-of-probabilities-no-65-of-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":113526,"registerId":"commonwealth-F2020L01105-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning chronic pancreatitis (Balance of Probabilities) (No. 65 of 2020)","content":"![Commonwealth Coat of Arms](image.001.png)\n\nStatement of Principles concerning chronic pancreatitis (Balance of Probabilities) (No. 65 of 2020)\n\nmade under subsection 196B(3) of the\n\nVeterans' Entitlements Act 1986\n\nCompilation No. 1\n\nCompilation date: 19 September 2022\n\nIncludes amendments up to: Veterans' Entitlements (Statements of Principles—definition of \"one pack-year\") Amendment Determination 2022 (No. 94 of 2022) (F2022L01128)\n\nThe day of commencement of this Amendment Determination is 19 September 2022.\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Statement of Principles concerning chronic pancreatitis (Balance of Probabilities) (No. 65 of 2020) that shows the text of the law as amended and in force on 19 September 2022.\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nContents\n\n1 Name\n\n3 Authority\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\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\n  \n\n1 Name\n\nThis is the Statement of Principles concerning chronic pancreatitis (Balance of Probabilities) (No. 65 of 2020).\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\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 chronic pancreatitis and death from chronic pancreatitis.\n\nMeaning of chronic pancreatitis\n\n(2) For the purposes of this Statement of Principles, chronic pancreatitis means a progressive inflammatory disease of the pancreas resulting in irreversible morphological change with parenchymal damage and fibrosis of the organ.\n\n> Note: Chronic pancreatitis typically presents with abdominal pain, malnutrition and loss of exocrine and endocrine pancreatic function.\n\n(3) While chronic pancreatitis attracts ICD‑10‑AM code K86.0 or K86.1, in applying this Statement of Principles the meaning of chronic pancreatitis 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 chronic pancreatitis\n\n(5) For the purposes of this Statement of Principles, chronic pancreatitis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's chronic pancreatitis.\n\n> Note: 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 chronic pancreatitis and death from chronic pancreatitis can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.\n\n> Note: 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, chronic pancreatitis or death from chronic pancreatitis is connected with the circumstances of a person's relevant service:\n\n(1) having smoked at least 20 pack-years of tobacco products before the clinical onset of chronic pancreatitis, and where smoking has ceased, the clinical onset of chronic pancreatitis has occurred within ten years of cessation;\n\n> Note: one pack-year is defined in the Schedule 1 \\- Dictionary.\n\n(2) having consumed a cumulative total of at least 90 kilograms of alcohol within any five year period before the clinical onset of chronic pancreatitis and where alcohol consumption has ceased, the clinical onset of chronic pancreatitis has occurred within five years of cessation;\n\n> Note: Alcohol consumption is calculated utilising the Australian Standard of ten grams of alcohol per standard alcoholic drink.\n\n(3) undergoing a course of therapeutic radiation for cancer, where the pancreas was in the field of radiation, at least two years before the clinical onset of chronic pancreatitis;\n\n(4) having complete or partial obstruction of the ductal system draining the secretions of the exocrine pancreas at the time of the clinical onset of chronic pancreatitis;\n\n(5) having cholelithiasis at the time of the clinical onset of chronic pancreatitis;\n\n(6) having hyperparathyroidism at the time of the clinical onset of chronic pancreatitis;\n\n(7) having hypertriglyceridaemia resulting in triglyceride levels above 11.3 millimoles per litre (or 1,000 milligrams per decilitre) at the time of the clinical onset of chronic pancreatitis;\n\n(8) having an episode of acute pancreatitis before the clinical onset of chronic pancreatitis;\n\n(9) inability to obtain appropriate clinical management for chronic pancreatitis.\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(9) applies only to material contribution to, or aggravation of, chronic pancreatitis where the person's chronic pancreatitis 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\nSchedule 1 \\- Dictionary\n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\nchronic pancreatitis—see subsection 7(2).\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\none pack-year means the amount of tobacco consumed in smoking 20 cigarettes per day for a period of 1 year, or an equivalent amount of tobacco products.\n\n> Note 1: An equivalent amount of tobacco products is 7,300 grams of smoking tobacco by weight, either in cigarettes, pipe tobacco or cigars, or a combination of same. For pipe tobacco, cigars or combinations of multiple tobacco types, 1 gram of tobacco is considered to be equal to one cigarette.\n\n> Note 2: Pack-years are calculated by dividing the number of cigarettes smoked per day by 20 and multiplying this number by the number of years the person has smoked. For example, smoking 10 cigarettes per day for 10 years is equal to 5 pack-years, and smoking 40 cigarettes per day for 10 years is equal to 20 pack-years.\n\nrelevant 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\n> Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.\n\nterminal 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\nVEA means the Veterans' Entitlements Act 1986.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n|                                                | o = order(s)                        |\n| ---------------------------------------------- | ----------------------------------- |\n| ad = added or inserted                         | Ord = Ordinance                     |\n| am = amended                                   | orig = original                     |\n| amdt = amendment                               | par = paragraph(s)/subparagraph(s)  |\n| c = clause(s)                                  | /sub‑subparagraph(s)                |\n| C[x] = Compilation No. x                       | pres = present                      |\n| Ch = Chapter(s)                                | prev = previous                     |\n| def = definition(s)                            | (prev…) = previously                |\n| Dict = Dictionary                              | Pt = Part(s)                        |\n| disallowed = disallowed by Parliament          | r = regulation(s)/rule(s)           |\n| Div = Division(s)                              |                                     |\n| exp = expires/expired or ceases/ceased to have | reloc = relocated                   |\n| effect                                         | renum = renumbered                  |\n| F = Federal Register of Legislation            | rep = repealed                      |\n| gaz = gazette                                  | rs = repealed and substituted       |\n| LA = Legislation Act 2003                      | s = section(s)/subsection(s)        |\n| LIA = Legislative Instruments Act 2003         | Sch = Schedule(s)                   |\n| (md) = misdescribed amendment can be given     | Sdiv = Subdivision(s)               |\n| effect                                         | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment       | SR = Statutory Rules                |\n| cannot be given effect                         | Sub‑Ch = Sub‑Chapter(s)             |\n| mod = modified/modification                    | SubPt = Subpart(s)                  |\n| No. = Number(s)                                | underlining = whole or part not     |\n|                                                | commenced or to be commenced        |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                                                          | Registration              | Commencement      | Application, saving and transitional provisions |\n| ----------------------------------------------------------------------------------------------------------------------------- | ------------------------- | ----------------- | ----------------------------------------------- |\n| Statement of Principles concerning chronic pancreatitis (Balance of Probabilities) (No. 65 of 2020)                           | 31 August 2020F2020L01105 | 28 September 2020 |                                                 |\n| Veterans' Entitlements (Statements of Principles—definition of \"one pack-year\") Amendment Determination 2022 (No. 94 of 2022) | 26 August 2022F2022L01128 | 19 September 2022 |                                                 |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected                             | How affected      |\n| ---------------------------------------------- | ----------------- |\n| Section 2……………….                               | rep LA s 48D      |\n| Section 4……………….                               | rep LA s 48C      |\n| Subsection 9(1) note….                         | rs No. 94 of 2022 |\n| Schedule 1 – Dictionary – one pack-year...…….. | rs No. 94 of 2022 |","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 remains tightly focused on its original purpose: establishing the causal factors for chronic pancreatitis in the veterans' compensation context. The 2022 amendment (No. 94 of 2022) was a technical update to the definition of 'one pack-year' to clarify calculation methods, not an expansion of scope. The document has not grown beyond its initial remit of defining service connection for this specific pancreatic condition."},"complexity_factors":["Moderate cross-referencing between the main text and Schedule 1 (Dictionary) for defined terms","Medical terminology requiring lay explanation (e.g., 'parenchymal damage', 'cholelithiasis', 'hypertriglyceridaemia')","Mathematical calculation required for 'pack-years' and alcohol consumption thresholds","Temporal conditions attached to factors (e.g., 'within ten years of cessation', 'at least two years before')","Conditional logic in section 9(9) limiting its application to aggravation cases only","Nested definitions (e.g., 'relevant service' excludes certain service types like operational service)","Reference to external classification system (ICD-10-AM Tenth Edition) for disease coding","Interaction clause in section 11 requiring cross-checking with other Statements of Principles"],"plain_english_summary":"This Statement of Principles sets the medical test for linking chronic pancreatitis to military service for veterans and defence personnel claiming under the VEA or MRCA. It applies a \"balance of probabilities\" standard and identifies nine service‑related risk factors (e.g., heavy smoking or drinking, therapeutic radiation, gallstones, very high triglycerides, prior acute pancreatitis, or inadequate medical care) to guide evidence and eligibility decisions."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"A narrow amendment (Veterans' Entitlements (Statements of Principles—definition of 'one pack‑year') Amendment Determination 2022 (No. 94)) changed the definition/calculation of 'one pack‑year' and a note to subsection 9(1) (Endnotes 3–4). That revision alters how smoking exposure is measured for eligibility under factor 9(1) but does not broaden the defined disease or add new causal factors beyond those listed."},"complexity_factors":["Evidentiary standard: requires 'balance of probabilities' linking disease to service (s8) — lower than criminal standard but requires admissible medical evidence.","Defined medical concept: supplies its own clinical definition of chronic pancreatitis that overrides ICD-10-AM coding for this instrument (s7(2)–(4)).","Quantitative thresholds and temporal rules: numeric cut‑offs for smoking (pack‑years), alcohol (kg per 5 years and cessation windows), and triglycerides (>11.3 mmol/L) create concrete calculation tasks (s9(1)–(2), (7)).","Administrative proof burdens: claimants must document historical exposures, clinical management gaps or prior acute pancreatitis — evidence may be dispersed and retrospective (s9, Schedule 1).","Interplay with other Statements of Principles: factors referencing other injuries/diseases defer to those SOPs, requiring cross-referencing (s11).","Discretion and scientific basis: the Repatriation Medical Authority relies on available medical‑scientific evidence to state probability (s8), leaving medical interpretation for decision‑makers.","Amendment to measurement rules: a later amendment changed the definition/calculation of 'one pack‑year', affecting how smoking exposure is quantified (Schedule 1; Endnotes 3–4).","Timing and service relationship limits: factors must be related to 'relevant service' and some factors (lack of management) apply only where disease preceded or was present during service (s10)."],"plain_english_summary":"This instrument sets the medical rules used to decide whether chronic pancreatitis (and death from it) is connected to a veteran's service for claims under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act. It defines chronic pancreatitis and requires proof, on the balance of probabilities, of specified medical exposures and timing limits before a service connection is accepted.\n\nIt affects veterans and former members seeking service-related benefits because it fixes what clinical evidence and exposure calculations (smoking pack‑years, alcohol intake, radiation to the pancreas, metabolic or obstructive causes, prior acute pancreatitis, or lack of appropriate care) are needed to establish entitlement."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-chronic-pancreatitis-balance-of-probabilities-no-65-of-2020","history":"/api/acts/statement-of-principles-concerning-chronic-pancreatitis-balance-of-probabilities-no-65-of-2020/history","analysis":"/api/acts/statement-of-principles-concerning-chronic-pancreatitis-balance-of-probabilities-no-65-of-2020/analysis","conflicts":"/api/acts/statement-of-principles-concerning-chronic-pancreatitis-balance-of-probabilities-no-65-of-2020/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-chronic-pancreatitis-balance-of-probabilities-no-65-of-2020/important-cases","documents":"/api/acts/statement-of-principles-concerning-chronic-pancreatitis-balance-of-probabilities-no-65-of-2020/documents"}}