{"id":"F2018L01492","name":"Statement of Principles concerning concussion (Reasonable Hypothesis) (No. 92 of 2018)","slug":"statement-of-principles-concerning-concussion-reasonable-hypothesis-no-92-of-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439811,"registerId":"F2018L01492-fast-fetch-1775955691095","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning concussion (Reasonable Hypothesis) (No. 92 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 (Reasonable Hypothesis)\n\n(No. 92 of 2018)\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 26 October 2018\n\n \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 (Reasonable Hypothesis) (No. 92 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(2) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning concussion No. 64 of 2012 (Federal Register of Legislation No. F2012L01809) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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 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\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that concussion and death from concussion 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 concussion or death from concussion 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(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\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) 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 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":{"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":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the standard scope for Repatriation Medical Authority Statements of Principles. It replaces an earlier 2012 instrument on the same topic (concussion) without expanding beyond the original purpose of establishing medical criteria for linking concussion to military service. The definition has been refined to explicitly exclude moderate/severe traumatic brain injury and certain causes (radiation, electricity, etc.), but this represents clarification rather than scope creep."},"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 conditional structure: one of two factors must exist (section 9), plus relationship to service requirement (section 10)","Minimal cross-referencing — only refers to other Statements of Principles in section 11, and notes that other brain conditions are covered separately","Clear exclusion clause (radiation, electricity, heat, surgery excluded from definition)","Single purpose instrument — establishes causation rules for one specific condition only"],"plain_english_summary":"This instrument sets the medical criteria for when concussion (mild traumatic brain injury) counts as service-related for compensation under Australian veterans’ law. It clarifies what events and causal links satisfy a compensable concussion claim and extends to deaths ultimately caused by concussion.\n\nIt applies to current and former ADF members and guides the Repatriation Medical Authority. As a “Reasonable Hypothesis” instrument, it lowers the proof threshold—making it easier for veterans to establish a service connection."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument repeals the 2012 Statement of Principles but, on its face, retains a focused scope on concussion and death from concussion. It defines the condition, prescribes two alternative factors that raise a reasonable hypothesis, and clarifies that the 'inability to obtain appropriate clinical management' factor applies only to material contribution or aggravation where the concussion was suffered before or during (but did not arise out of) relevant service (see sections 4, 7, 9 and 10(2)). The text does not state any explicit expansion or narrowing of scope beyond these specified definitions and limitations."},"complexity_factors":["Cross-references to external statutes and claim pathways (VEA subsection 196B(2), section 120A; MRCA section 338) requiring claim-context interpretation.","Defined legal terms that control scope: 'concussion', 'specified event', 'terminal event', and 'relevant service'.","Interaction with other Statements of Principles (section 11) creating cross-document dependency where a factor refers to another injury or disease.","Two-part causal threshold: a low evidentiary legal test ('reasonable hypothesis') but only two discrete factors can satisfy it (section 9).","Conditional limitation on the clinical-management factor (section 10(2)) — it applies only to material contribution or aggravation where concussion pre-dated or occurred during but did not arise out of service.","Inclusion of death via contribution to a terminal event (section 7(3)) expands assessment to proximate/ultimate causes listed in the definition of 'terminal event'."],"plain_english_summary":"This instrument replaces the earlier Statement of Principles and sets the medical criteria used to link concussion (and death from concussion) to a person’s relevant service for VEA and MRCA claims. It defines ‘concussion’, lists two trigger factors that can raise a reasonable hypothesis (a specified traumatic event or inability to obtain appropriate clinical management) and limits when lack of treatment can show material contribution or aggravation of concussion."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-concussion-reasonable-hypothesis-no-92-of-2018","history":"/api/acts/statement-of-principles-concerning-concussion-reasonable-hypothesis-no-92-of-2018/history","analysis":"/api/acts/statement-of-principles-concerning-concussion-reasonable-hypothesis-no-92-of-2018/analysis","conflicts":"/api/acts/statement-of-principles-concerning-concussion-reasonable-hypothesis-no-92-of-2018/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-concussion-reasonable-hypothesis-no-92-of-2018/important-cases","documents":"/api/acts/statement-of-principles-concerning-concussion-reasonable-hypothesis-no-92-of-2018/documents"}}