{"id":"F2018L01493","name":"Statement of Principles concerning concussion (Balance of Probabilities) (No. 93 of 2018)","slug":"statement-of-principles-concerning-concussion-balance-of-probabilities-no-93-of-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439812,"registerId":"F2018L01493-fast-fetch-1775955691101","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning concussion (Balance of Probabilities) (No. 93 of 2018)","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\nCONCUSSION (Balance of Probabilities)\n\n(No. 93 of 2018)\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 26 October 2018\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 concussion (Balance of Probabilities) (No. 93 of 2018).\n\n2 Commencement\n\n This instrument commences on 26 November 2018.\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 concussion No. 65 of 2012 (Federal Register of Legislation No. F2012L01810) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 concussion and death from concussion.\n\nMeaning of concussion\n\n(2) For the purposes of this Statement of Principles, concussion:\n\n(a) means a mild traumatic brain injury resulting from the transfer of kinetic energy to the brain from external physical forces, which is manifested by a temporary disturbance in neurological function that does not meet the criteria for moderate to severe traumatic brain injury; and\n\n(b) excludes injury from radiation, electricity, heat and surgery.\n\nNote: This Statement of Principles applies to concussion only. Trauma to the brain can cause other diseases or injuries, and these are covered by a range of other Statements of Principles in which trauma to the brain (variously worded) is listed as a risk factor. The relevant Statements of Principles include but are not limited to: accommodation disorder, anosmia, arachnoid cyst, dementia pugilistica, epilepsy, epileptic seizure, hypopituitarism, narcolepsy, schizophrenia and subdural haematoma. \n\nDeath from concussion\n\n(3) For the purposes of this Statement of Principles, concussion, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's concussion.\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 concussion and death from concussion 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, concussion or death from concussion is connected with the circumstances of a person's relevant service:\n\n(1) experiencing a specified event at the time of the clinical onset of concussion;\n\nNote: specified event is defined in the Schedule 1 - Dictionary. \n\n(2) inability to obtain appropriate clinical management for concussion.\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(2) applies only to material contribution to, or aggravation of, concussion where the person's concussion 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\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\n concussion—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 specified event means:\n\n(a) the head being struck by an object;\n\n(b) the head striking an object;\n\n(c) the brain undergoing an acceleration or deceleration movement without direct external trauma to the head; or\n\n(d) an explosion or explosive blast.\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 is a straightforward replacement instrument that updates the 2012 version. It maintains the same scope — establishing medical criteria for linking concussion to military service. The definition of concussion and the specified events remain consistent with the original purpose. No scope creep is evident."},"complexity_factors":["Short document (approximately 1,500 words)","Only 6 defined terms in the Dictionary (concussion, MRCA, relevant service, specified event, terminal event, VEA)","Simple binary structure: two alternative factors in section 9, with one having a limitation in section 10(2)","Minimal cross-referencing — primarily internal references to the Dictionary and one note about other Statements of Principles","Clear, standardised format typical of Repatriation Medical Authority instruments","No nested exceptions or conditional logic beyond the basic 'at least one factor' requirement and the single limitation in section 10(2)"],"plain_english_summary":"This instrument sets the medical test for linking concussion (mild traumatic brain injury) to Australian military service, replacing the 2012 rules and applying to claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It affects current/former ADF members, the Repatriation Medical Authority, and DVA decision-makers.\n\nConcussion here means a mild external-force brain injury causing temporary neurological disturbance. Service connection is made on the balance of probabilities if a qualifying service event caused it or if proper care was unavailable; death from concussion is also claimable."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier 2012 Statement (s4) and restates the scope and tests for service connection (s3, s5). It clarifies the medical definition of concussion and exclusions (s7(2)), expressly includes death from concussion via terminal events (s7(3)), and sets two qualifying factors for causation — a specified traumatic event or inability to obtain appropriate clinical management — with limits on when the latter applies (s9, s10)."},"complexity_factors":["Technical medical definition of 'concussion' and explicit exclusions (s7(2))","Two alternative qualifying factors required for causation: specified event at clinical onset, or inability to obtain appropriate clinical management (s9)","Interaction with service nexus rules, including limits on when the clinical‑management factor can apply (s10(1)–(2))","Inclusion of death from concussion via 'terminal event' concept (s7(3) and Schedule definitions)","Application limited to claims under specified VEA and MRCA provisions, requiring correct statutory framing of a claim (s5)","Replaces and repeals the prior Statement, so claimants and decision‑makers must note the updated definitions and tests (s4)","Cross‑reference to other Statements of Principles when factors refer to injuries covered elsewhere (s11)","Legal standard based on 'balance of probabilities' and the Authority's view of medical‑scientific evidence (s8)"],"plain_english_summary":"This Statement of Principles replaces the 2012 instrument and sets the legal test for linking concussion to veterans' or serving members' relevant service under the VEA or MRCA. It defines concussion, treats death from concussion as including specified terminal events, and requires either a specified traumatic event at clinical onset or inability to obtain appropriate clinical management for a claim to succeed; the Repatriation Medical Authority relies on medical‑scientific evidence and the balance‑of‑probabilities standard."},"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-concussion-balance-of-probabilities-no-93-of-2018","history":"/api/acts/statement-of-principles-concerning-concussion-balance-of-probabilities-no-93-of-2018/history","analysis":"/api/acts/statement-of-principles-concerning-concussion-balance-of-probabilities-no-93-of-2018/analysis","conflicts":"/api/acts/statement-of-principles-concerning-concussion-balance-of-probabilities-no-93-of-2018/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-concussion-balance-of-probabilities-no-93-of-2018/important-cases","documents":"/api/acts/statement-of-principles-concerning-concussion-balance-of-probabilities-no-93-of-2018/documents"}}