{"id":"F2022L01109","name":"Statement of Principles concerning Creutzfeldt-Jakob disease (Balance of Probabilities) (No. 81 of 2022)","slug":"statement-of-principles-concerning-creutzfeldt-jakob-disease-balance-of-probabilities-no-81-of-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441493,"registerId":"F2022L01109-fast-fetch-1775956778419","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning Creutzfeldt-Jakob disease (Balance of Probabilities) (No. 81 of 2022)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nCREUTZFELDT-JAKOB DISEASE (Balance of Probabilities)\n\n(No. 81 of 2022)\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 23 August 2022\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 Terence Campbell AM
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 Creutzfeldt-Jakob disease (Balance of Probabilities) (No. 81 of 2022).\n\n2 Commencement\n\n This instrument commences on 19 September 2022.\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 Creutzfeldt-Jakob disease No. 77 of 2014 (Federal Register of Legislation No. F2014L01139) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 Creutzfeldt-Jakob disease and death from Creutzfeldt-Jakob disease.\n\nMeaning of Creutzfeldt-Jakob disease\n\n(2) For the purposes of this Statement of Principles, Creutzfeldt-Jakob disease:\n\n(a) means a spongiform encephalopathy characterised by an accumulation of abnormal prion protein in the brain; and\n\n(b) includes sporadic (classical) and variant Creutzfeldt-Jakob disease;\n\nNote 1: Creutzfeldt-Jakob disease, also known as CJD, is characterised by rapidly progressive dementia, myoclonus and motor disturbances.\n\nNote 2: variant Creutzfeldt-Jakob disease is defined in the Schedule 1 – Dictionary.\n\n(3) While Creutzfeldt-Jakob disease attracts ICD‑10‑AM code A81.0, in applying this Statement of Principles the meaning of Creutzfeldt-Jakob disease 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 Creutzfeldt-Jakob disease\n\n(5) For the purposes of this Statement of Principles, Creutzfeldt-Jakob disease, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's Creutzfeldt-Jakob disease.\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 Creutzfeldt-Jakob disease and death from Creutzfeldt-Jakob disease 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, Creutzfeldt-Jakob disease or death from Creutzfeldt-Jakob disease is connected with the circumstances of a person's relevant service:\n\n(1) receiving treatment involving a human tissue or product as specified at least 6 months before the clinical onset of Creutzfeldt-Jakob disease;\n\nNote: human tissue or product as specified is defined in the Schedule 1 – Dictionary.\n\n(2) undergoing neurosurgery at least 6 months before the clinical onset of Creutzfeldt-Jakob disease;\n\n(3) for variant Creutzfeldt-Jakob disease only:\n\n(a) receiving blood or blood products from a person infected with variant Creutzfeldt-Jakob disease at least 3 years before the clinical onset of Creutzfeldt-Jakob disease; or\n\n(b) consuming beef or a beef product from an area or country with evidence of bovine spongiform encephalopathy infection in cattle at the time of consumption, where the beef or beef product was consumed at least 3 years before the clinical onset of Creutzfeldt-Jakob disease.\n\nNote 1: Consuming beef or beef product contaminated with bovine spongiform encephalopathy has occurred in countries without domestic bovine spongiform encephalopathy that have imported beef or beef product from a country with bovine spongiform encephalopathy.\n\nNote 2: variant Creutzfeldt-Jakob disease, blood products, beef product, and bovine spongiform encephalopathy are defined in the Schedule 1 – Dictionary.\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\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\n \n\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\n \n\n beef product means food prepared from or containing beef.\n\n blood products means biopharmaceutical products made from human blood.\n\n bovine spongiform encephalopathy, also known as mad cow disease, means a neurodegenerative disease of cattle caused by consumption of prion-contaminated meat or bone meal.\n\n Creutzfeldt-Jakob disease—see subsection 7(2).\n\n human tissue or product as specified means:\n\n(a) a corneal transplant;\n\n(b) cadaveric human pituitary hormones; or\n\n(c) human dura mater as a graft or in radiographic embolisation procedures.\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 variant Creutzfeldt-Jakob disease means a form of Creutzfeldt-Jakob disease which is characterised by a younger age at onset, a more protracted clinical course, more sensory disturbances and more psychiatric symptoms than sporadic (classical) Creutzfeldt-Jakob disease, as well as a marked accumulation of abnormal prion protein and florid amyloid plaques in the brain tissue.\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 instrument maintains the same scope as its predecessor (No. 77 of 2014) and the standard format for Repatriation Medical Authority Statements of Principles. It covers only Creutzfeldt-Jakob disease and its variant form, with no expansion beyond the original purpose of determining service connection for this specific condition."},"complexity_factors":["Short, focused instrument (approximately 1,500 words)","Only 9 defined terms in the Dictionary (Schedule 1)","Straightforward structure: definition of disease, three specific causal factors, and relationship to service requirement","Limited cross-referencing — primarily internal references to the Dictionary and definitions within the same instrument","No nested exceptions or complex conditional logic; factors are listed as discrete alternatives ('at least one of the following')","Clear temporal requirements (6 months or 3 years before clinical onset) without complicated calculation rules","Single purpose instrument — only addresses one disease (CJD) and its variant form"],"plain_english_summary":"This instrument sets the rules for when Australian veterans and current/former defence members can claim compensation for Creutzfeldt‑Jakob disease (including the variant form). It defines the disease and specifies service‑related circumstances—such as certain tissue transplants, neurosurgery, and variant‑CJD exposures like contaminated blood or beef—that can link CJD to service.\n\nClaims are assessed on the balance of probabilities: more likely than not that the disease was connected to service."},"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":4,"scope_assessment":{"changed":true,"description":"This instrument replaces Statement No.77 of 2014 (s4) and restates the causal criteria the RMA will apply to claims under section 120B of the VEA or section 339 of the MRCA (s5). It sets out specified exposure categories and minimum latency periods (s9) and clarifies that the RMA’s determination is based on available medical‑scientific evidence (s8). The repeal and the explicit inclusion of variant‑specific exposures indicate a change in the governing Statement of Principles compared with the prior instrument (s4, s9, s8)."},"complexity_factors":["Medical-technical subject matter: prion disease requires specialist medical evidence to assess causation and onset (s7(2), s8).","Binary exposure criteria with precise time windows: listed factors have 6-month or 3-year minimum intervals before clinical onset (s9).","Variant-specific rules: separate causation routes for variant CJD (blood transfusion, beef consumption) add evidentiary complexity (s9(3)).","Interaction with other Statements of Principles: cross-references mean other Statements may apply and must be checked (s11).","Defined terms and external code reference: key terms are in the Schedule and ICD-10-AM is referenced but internal definitions prevail (s6, s7(3)-(4), Schedule 1).","Administrative determination and standard of proof: the RMA frames the test as 'more probable than not' based on available medical‑scientific evidence (s8).","Application and replacement: this instrument repeals the 2014 Statement and applies to claims under specified VEA/MRCA provisions, creating transitional and applicability considerations (s4, s5).","Claimant evidentiary burden and service link requirement: factors must be related to the person’s relevant service, so claimants must show exposure occurred in service (s9, s10)."],"plain_english_summary":"This Statement of Principles sets the medical criteria the Repatriation Medical Authority uses to decide whether Creutzfeldt‑Jakob disease (CJD) or death from CJD is connected to a veteran’s service for VEA/MRCA claims. It specifies which exposures (certain human tissue treatments, neurosurgery, and for variant CJD, contaminated blood or beef) and minimum time intervals must be present before a service link can be accepted, which in turn affects entitlement to veterans’ compensation."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-creutzfeldt-jakob-disease-balance-of-probabilities-no-81-of-2022","history":"/api/acts/statement-of-principles-concerning-creutzfeldt-jakob-disease-balance-of-probabilities-no-81-of-2022/history","analysis":"/api/acts/statement-of-principles-concerning-creutzfeldt-jakob-disease-balance-of-probabilities-no-81-of-2022/analysis","conflicts":"/api/acts/statement-of-principles-concerning-creutzfeldt-jakob-disease-balance-of-probabilities-no-81-of-2022/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-creutzfeldt-jakob-disease-balance-of-probabilities-no-81-of-2022/important-cases","documents":"/api/acts/statement-of-principles-concerning-creutzfeldt-jakob-disease-balance-of-probabilities-no-81-of-2022/documents"}}