{"id":"F2022L01108","name":"Statement of Principles concerning Creutzfeldt-Jakob disease (Reasonable Hypothesis) (No. 80 of 2022)","slug":"statement-of-principles-concerning-creutzfeldt-jakob-disease-reasonable-hypothesis-no-80-of-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441494,"registerId":"F2022L01108-fast-fetch-1775956778418","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 (Reasonable Hypothesis) (No. 80 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 (Reasonable Hypothesis)\n\n(No. 80 of 2022)\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 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 (Reasonable Hypothesis) (No. 80 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(2) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning Creutzfeldt-Jakob disease No. 76 of 2014 (Federal Register of Legislation No. F2014L01138) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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 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 \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\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that Creutzfeldt-Jakob disease and death from Creutzfeldt-Jakob disease 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 Creutzfeldt-Jakob disease or death from Creutzfeldt-Jakob disease 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 major surgery that requires general, spinal or epidural anaesthesia at least 6 months before the clinical onset of Creutzfeldt-Jakob disease;\n\nNote: Major surgery that requires general, spinal or epidural anaesthesia includes neurosurgery, obstetric, gynaecological, or gastrointestinal surgical procedures. It does not include minor surgery such as needle aspiration or biopsy, superficial incision or endoscopy. \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; or\n\n(c) having percutaneous exposure to blood or tissue from an animal infected with bovine spongiform encephalopathy 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\n \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(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\n \n\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\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) a liver transplant;\n\n(c) an albumin infusion;\n\n(d) cadaveric human pituitary hormones; or\n\n(e) 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) 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 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","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its 2014 predecessor and the broader framework of Repatriation Medical Authority Statements of Principles. It continues the established pattern of defining specific causal factors for individual diseases to assist veterans' compensation determinations. No expansion beyond the original intent of providing medical-scientific criteria for service-related disease claims."},"complexity_factors":["Short, focused instrument (approximately 1,500 words) dealing with a single disease","Only 10 defined terms in the Dictionary, all straightforward medical or legislative references","Simple conditional structure: three alternative factors in section 9, with only one requiring satisfaction","Minimal cross-referencing — primarily internal references to the Dictionary and standard references to the VEA and MRCA","Clear temporal requirements (6 months or 3 years before clinical onset) without nested exceptions","Single purpose instrument with no subsidiary provisions, regulations, or delegated powers"],"plain_english_summary":"This instrument updates the medical rules used to decide when Creutzfeldt–Jakob disease (CJD) can be linked to military service, replacing the 2014 rules. It sets the medical factors — including certain treatments, surgeries and variant-specific exposures — that create a \"reasonable hypothesis\" of service connection for veterans, peacekeepers and current/former defence members under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. That lower‑threshold test matters because it affects access to pensions, compensation and support."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2014 Statement (s4) and replaces it with updated criteria. It specifies discrete exposure categories and temporal cut‑offs (s9), and adds variant‑CJD specific routes (blood, beef consumption, percutaneous animal exposure) defined in the Schedule (s9(3); Schedule 1). It applies to claims under the VEA and MRCA (s5), thereby changing the detailed evidentiary thresholds the Authority uses to raise a reasonable hypothesis linking CJD to relevant service."},"complexity_factors":["Medical definitions and distinctions between sporadic and variant CJD (s7(2); Schedule 1).","Specific, enumerated exposure categories and listed human tissues/products (s9(1)–(3); Schedule 1).","Fixed temporal thresholds for causal consideration (6 months for most factors; 3 years for variant-CJD exposures) (s9).","Interaction with other Statements of Principles where factors overlap (s11).","Application limited to statutory claims pathways under the VEA and MRCA (s5).","Instrumental repeal and replacement of prior Statement (s4), requiring reviewers to use updated criteria."],"plain_english_summary":"_This instrument_ replaces the previous Statement of Principles and sets the medical criteria the Repatriation Medical Authority uses to decide when Creutzfeldt‑Jakob disease (including variant CJD) can be linked to a person’s relevant military service for VEA and MRCA claims. It lists specific exposures (certain human tissues/products, major surgery with general/spinal/epidural anaesthesia, and for variant CJD: infected blood, contaminated beef, or percutaneous animal exposure) and minimum time intervals before clinical onset.\n\nThese named factors are the minimum needed to raise a “reasonable hypothesis” connecting CJD to service and so determine eligibility for veterans’ compensation or rehabilitation benefits."},"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-creutzfeldt-jakob-disease-reasonable-hypothesis-no-80-of-2022","history":"/api/acts/statement-of-principles-concerning-creutzfeldt-jakob-disease-reasonable-hypothesis-no-80-of-2022/history","analysis":"/api/acts/statement-of-principles-concerning-creutzfeldt-jakob-disease-reasonable-hypothesis-no-80-of-2022/analysis","conflicts":"/api/acts/statement-of-principles-concerning-creutzfeldt-jakob-disease-reasonable-hypothesis-no-80-of-2022/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-creutzfeldt-jakob-disease-reasonable-hypothesis-no-80-of-2022/important-cases","documents":"/api/acts/statement-of-principles-concerning-creutzfeldt-jakob-disease-reasonable-hypothesis-no-80-of-2022/documents"}}