{"id":"F2020L00710","name":"Statement of Principles concerning coronavirus disease 2019 (COVID-19) (Balance of Probabilities) (No. 47 of 2020)","slug":"statement-of-principles-concerning-coronavirus-disease-2019-covid-19-balance-of-probabilities-no-47-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440506,"registerId":"F2020L00710-fast-fetch-1775956110092","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning coronavirus disease 2019 (COVID-19) (Balance of Probabilities) (No. 47 of 2020)","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\nCORONAVIRUS DISEASE 2019 (COVID-19) (Balance of Probabilities)\n\n(No. 47 of 2020)\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 12 June 2020\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:
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Professor Nicholas Saunders AO
Chairperson
|\n\n\n \n\n \n\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Application\n\n5 Definitions\n\n6 Kind of injury, disease or death to which this Statement of Principles relates\n\n7 Basis for determining the factors\n\n8 Factors that must exist\n\n9 Relationship to service\n\n10 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 coronavirus disease 2019 (COVID-19) (Balance of Probabilities) (No. 47 of 2020).\n\n2 Commencement\n\n This instrument commences on 22 June 2020.\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n4 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\n5 Definitions\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n6 Kind of injury, disease or death to which this Statement of Principles relates\n\n(1) This Statement of Principles is about coronavirus disease 2019 (COVID-19) and death from coronavirus disease 2019 (COVID-19).\n\nMeaning of coronavirus disease 2019 (COVID-19)\n\n(2) For the purposes of this Statement of Principles, coronavirus disease 2019 (COVID-19) means an illness caused by infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).\n\nNote: Typical clinical features of COVID-19 include fever, chills, cough, sore throat, headache, muscle pain, fatigue, shortness of breath, pneumonia and new loss of taste and smell.\n\nDeath from coronavirus disease 2019 (COVID-19)\n\n(3) For the purposes of this Statement of Principles, coronavirus disease 2019 (COVID-19), in relation to a person, includes death from a terminal event or condition that was contributed to by the person's coronavirus disease 2019 (COVID-19).\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n7 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 coronavirus disease 2019 (COVID-19) and death from coronavirus disease 2019 (COVID-19) 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\n8 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, coronavirus disease 2019 (COVID-19) or death from coronavirus disease 2019 (COVID-19) is connected with the circumstances of a person's relevant service:\n\n(1) being exposed to SARS-CoV-2 as specified within the 14 days before the clinical onset of coronavirus disease 2019 (COVID-19);\n\nNote: being exposed to SARS-CoV-2 as specified is defined in the Schedule 1 - Dictionary.\n\n(2) inability to obtain appropriate clinical management for coronavirus disease 2019 (COVID-19).\n\n9 Relationship to service\n\n(1) The existence in a person of any factor referred to in section 8, must be related to the relevant service rendered by the person.\n\n(2) The factor set out in subsection 8(2) applies only to material contribution to, or aggravation of, coronavirus disease 2019 (COVID-19) where the person's coronavirus disease 2019 (COVID-19) was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n\n10 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 8 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\n\n\n\nSchedule 1 - Dictionary \n\nNote: See Section 5\n\n1 Definitions\n\nIn this instrument:\n\n being exposed to SARS-CoV-2 as specified means:\n\n(a) being in a country or an area of a country that is experiencing current SARS-CoV-2 transmission; or\n\n(b) being in the same household, or immediate work or travel environment, as a person with SARS-CoV-2 infection; or\n\n(c) having direct contact with an object or substance contaminated with SARS-CoV-2; or\n\n(d) having direct contact with, or being within two metres of, a person with SARS-CoV-2 infection; or\n\n(e) inhaling droplet nuclei or aerosols contaminated with SARS-CoV-2.\n\n coronavirus disease 2019 (COVID-19)—see subsection 6(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 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","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 its original narrow purpose. It was created specifically to address COVID-19 compensation claims for veterans and defence members during the pandemic, and it does exactly that without expanding into broader disease categories or unrelated benefit schemes."},"complexity_factors":["Short, focused instrument with only 10 operative sections plus a dictionary","Limited cross-referencing — primarily refers to definitions in Schedule 1 and two parent Acts (VEA and MRCA)","Straightforward conditional structure: one of two factors must exist, with clear temporal limitation (14 days for exposure)","Only 7 defined terms in the dictionary, with simple enumerative definitions","Single layer of exceptions (subsection 8(2) has a limiting condition in section 9(2))","No nested definitions or recursive cross-references","Clear operative language ('must exist', 'more probable than not') without convoluted provisos"],"plain_english_summary":"This Repatriation Medical Authority rulebook sets the medical test for when COVID-19 (or death from it) is treated as service‑related for veterans and current/former defence members claiming under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004. It requires proving, on the balance of probabilities, either that infection was linked to service exposure (within the relevant incubation window) or that appropriate treatment was unavailable for an infection already present. It therefore defines who can qualify for compensation."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument defines its own scope explicitly (applies to claims under s120B VEA or s339 MRCA (s4)), defines COVID‑19 and death from it (s6), and sets the qualifying factors (s8) and service‑relation requirement (s9). It does not purport to extend or remove coverage outside those claims; it permits interaction with other Statements of Principles where relevant (s10)."},"complexity_factors":["Cross-act application: applies only to claims captured by section 120B of the VEA or section 339 of the MRCA (s4) which limits who may rely on the Statement.","Short causal list but interpretive burden: only two qualifying factors (exposure within 14 days; inability to obtain appropriate clinical management) (s8), yet medical proof and timing raise evidentiary difficulty.","Detailed exposure definition: 'being exposed to SARS‑CoV‑2 as specified' contains five alternative modes (Schedule 1: being exposed to SARS‑CoV‑2 as specified (a)–(e)), requiring factual proof of environment, contact, or aerosol exposure.","Temporal linkage: exposure must be within 14 days before clinical onset (s8(1)), creating a narrow window claimants must demonstrate.","Relationship-to-service nexus: any qualifying factor must be related to the person's relevant service (s9(1)), creating a legal causation step beyond medical causation.","Interaction with other Statements: if a factor refers to an injury/disease covered by another Statement, that Statement's terms apply (s10), adding potential cross-references and interpretive layering.","Scientific judgment role: RMA states factors are based on 'sound medical‑scientific evidence' and uses balance of probabilities (s7), leaving room for evolving evidence and expert interpretation.","Ambiguous operational phrase: 'inability to obtain appropriate clinical management' (s8(2)) is broad and may require case‑by‑case assessment of healthcare access and standard of care."],"plain_english_summary":"Sets the legal test the Repatriation Medical Authority uses to decide when COVID‑19 (including deaths contributed to by COVID‑19) is connected to a person’s relevant service for claims under the VEA and MRCA. It defines COVID‑19, lists two alternative causal factors (exposure to SARS‑CoV‑2 within 14 days or inability to obtain appropriate clinical management) and requires the factor to be related to the person's relevant service. It affects veterans or members lodging entitlement claims by specifying the medical/factual evidence needed."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-coronavirus-disease-2019-covid-19-balance-of-probabilities-no-47-","history":"/api/acts/statement-of-principles-concerning-coronavirus-disease-2019-covid-19-balance-of-probabilities-no-47-/history","analysis":"/api/acts/statement-of-principles-concerning-coronavirus-disease-2019-covid-19-balance-of-probabilities-no-47-/analysis","conflicts":"/api/acts/statement-of-principles-concerning-coronavirus-disease-2019-covid-19-balance-of-probabilities-no-47-/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-coronavirus-disease-2019-covid-19-balance-of-probabilities-no-47-/important-cases","documents":"/api/acts/statement-of-principles-concerning-coronavirus-disease-2019-covid-19-balance-of-probabilities-no-47-/documents"}}