{"id":"F2020L00709","name":"Statement of Principles concerning coronavirus disease 2019 (COVID-19) (Reasonable Hypothesis) (No. 46 of 2020)","slug":"statement-of-principles-concerning-coronavirus-disease-2019-covid-19-reasonable-hypothesis-no-46-of-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440507,"registerId":"F2020L00709-fast-fetch-1775956110093","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) (Reasonable Hypothesis) (No. 46 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) (Reasonable Hypothesis)\n\n(No. 46 of 2020)\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 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:
|\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 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) (Reasonable Hypothesis) (No. 46 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(2) of the Veterans' Entitlements Act 1986.\n\n4 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\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 coronavirus disease 2019 (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\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that coronavirus disease 2019 (COVID-19) and death from coronavirus disease 2019 (COVID-19) 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\n8 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 coronavirus disease 2019 (COVID-19) or death from coronavirus disease 2019 (COVID-19) 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(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 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) 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 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":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument confines its scope to claims under s120A of the VEA and s338 of the MRCA and sets definitional and evidentiary criteria for linking COVID‑19 to relevant service (see sections 4, 6, 8 and Schedule). The text does not indicate an expansion or contraction of the general classes of claimants beyond that statutory coverage."},"complexity_factors":["Narrow statutory application: applies only to claims under s120A VEA or s338 MRCA (see section 4) which limits operational scope but requires cross‑reference checking.","Legal standard: uses the 'reasonable hypothesis' threshold (instrument title and sections 7–9) — lower than proof but requires factual linkage to service.","Temporal linkage: requires exposure within 14 days before clinical onset (section 8(1) and Schedule definition), imposing a strict timing element for evidentiary assessment.","Technical medical definitions: defines COVID‑19 causation and death (section 6(2)–(3)) and lists terminal events (Schedule) requiring medical interpretation.","Detailed exposure definition: 'being exposed to SARS‑CoV‑2 as specified' has multiple modes (Schedule) that evaluators must assess (geography, household/work contact, fomites, aerosols).","Ambiguous administrative criterion: 'inability to obtain appropriate clinical management' (section 8(2)) is fact‑sensitive and permits administrative judgment about healthcare access and contribution/aggravation.","Interaction with other Statements: cross‑references other Statements of Principles when a factor refers to another covered injury/disease (section 10), requiring reviewers to consult multiple instruments."],"plain_english_summary":"This instrument tells decision-makers what medical facts will, at minimum, raise a reasonable hypothesis that COVID‑19 (including death from COVID‑19) is connected to a person’s relevant military service. It applies to claims under section 120A of the Veterans’ Entitlements Act and section 338 of the Military Rehabilitation and Compensation Act. The Statement requires at least one qualifying factor—such as recent exposure to SARS‑CoV‑2 within 14 days of clinical onset or inability to obtain appropriate clinical management—before a service connection can be hypothesised."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It was created specifically to address COVID-19 claims for veterans and defence members during the 2020 pandemic, and it does exactly that — establishing exposure criteria and medical nexus requirements for this single disease. There is no evidence of scope creep; it does not attempt to cover other coronaviruses, other infectious diseases, or expand beyond the veterans' compensation framework established by the VEA and MRCA."},"complexity_factors":["Short document (approximately 1,500 words across 10 sections plus a dictionary)","Only 7 defined terms in Schedule 1, with straightforward definitions","Simple binary structure: two alternative factors in section 8, with one limitation in section 9(2)","Minimal cross-referencing — primarily internal references to the Dictionary and the two governing Acts (VEA and MRCA)","No nested exceptions or conditional logic beyond the single limitation that section 8(2) only applies to aggravation of pre-existing COVID-19","Clear, purpose-built instrument addressing a single disease with a single exposure pathway"],"plain_english_summary":"This Statement of Principles explains when COVID‑19 (or death from it) can be legally linked to Australian defence service so veterans and serving/former members can claim benefits under the VEA or MRCA. A claim requires a “reasonable hypothesis” that service caused infection — usually exposure to SARS‑CoV‑2 within 14 days (e.g. in a transmission area, close contact, contaminated surfaces/aerosols) or, where applicable, lack of timely treatment for pre‑existing COVID‑19."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-coronavirus-disease-2019-covid-19-reasonable-hypothesis-no-46-of-","history":"/api/acts/statement-of-principles-concerning-coronavirus-disease-2019-covid-19-reasonable-hypothesis-no-46-of-/history","analysis":"/api/acts/statement-of-principles-concerning-coronavirus-disease-2019-covid-19-reasonable-hypothesis-no-46-of-/analysis","conflicts":"/api/acts/statement-of-principles-concerning-coronavirus-disease-2019-covid-19-reasonable-hypothesis-no-46-of-/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-coronavirus-disease-2019-covid-19-reasonable-hypothesis-no-46-of-/important-cases","documents":"/api/acts/statement-of-principles-concerning-coronavirus-disease-2019-covid-19-reasonable-hypothesis-no-46-of-/documents"}}