{"id":"F2025L00492","name":"Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 38 of 2025)","slug":"statement-of-principles-concerning-cut-stab-abrasion-and-laceration-balance-of-probabilities-no-38-o","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442813,"registerId":"F2025L00492-fast-fetch-1775957743686","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 38 of 2025)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![RMA Australian Government Coat of Arms](image.001.jpeg)\n\n \n\nStatement of Principles\n\nconcerning\n\nCUT, STAB, ABRASION AND LACERATION   (Balance of Probabilities)\n\n(No. 38 of 2025)\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 15 April 2025\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nProfessor Terence Campbell AM\n\nChairperson\n\nby and on behalf of\n\nThe Repatriation Medical Authority\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\n\n\n1.                Name\n\n\nThis is the Statement of Principles concerning cut, stab, abrasion and laceration (Balance of Probabilities) (No. 38 of 2025).\n\n1.                Commencement\n\n\n              This instrument commences on 19 May 2025.\n\n1.                Authority\n\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n1.                Repeal\n\n\nThe Statement of Principles concerning cut, stab, abrasion and laceration No. 54 of 2016 (Federal Register of Legislation No. F2016L00571) made under subsections 196B(3) and (8) of the VEA is repealed.\n\n1.                Application\n\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\n1.                Definitions\n\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n1.                Kind of injury, disease or death to which this Statement of Principles relates\n  1.           This Statement of Principles is about cut, stab, abrasion and laceration and death from cut, stab, abrasion and laceration.\n\n\nMeaning of cut, stab, abrasion and laceration\n\n1.           For the purposes of this Statement of Principles, cut, stab, abrasion and laceration:\n  1.           means an injury that interrupts the continuity of the epidermis or other external or exposed tissue and causes a wound. The wound may or may not penetrate to the subcutaneous tissues and underlying structures; and\n  2.           includes friction burns and needlestick injury; and\n  3.           excludes wounds that were caused by:\n    1.             burns other than friction burns;\n    2.          dental abrasion;\n    3.        explosive device or fragment thereof;\n    4.         gunshot;\n    5.           missile; or\n    6.         traumatic contusion or haematoma;\n\n\nNote: Examples of “other external or exposed tissue” include cornea, sclera, mouth, fingernails and toenails.\n\nDeath from cut, stab, abrasion and laceration\n\n1.           For the purposes of this Statement of Principles, cut, stab, abrasion and laceration, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's cut, stab, abrasion and laceration.\n\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n1.                Basis for determining the factors\n\n\nOn the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that cut, stab, abrasion and laceration and death from cut, stab, abrasion and laceration 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\n1.                Factors that must exist\n\n\nAt least one of the following factors must exist before it can be said that, on the balance of probabilities, cut, stab, abrasion and laceration or death from cut, stab, abrasion and laceration is connected with the circumstances of a person's relevant service:\n\n1.           having direct physical trauma to the affected site at the time of the cut, stab, abrasion or laceration;\n\n\nNote: Examples of friction burns (a type of abrasion) include those from sliding down ropes, motorcycle or bicycle accidents and a common type of stab wound is a needlestick injury.\n\n1.           inability to obtain appropriate clinical management for cut, stab, abrasion or laceration before clinical worsening.\n\n\n1.            Relationship to service\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  2.           The factor set out in subsection 9(2) applies only to material contribution to, or aggravation of, cut, stab, abrasion and laceration where the person's cut, stab, abrasion and laceration was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n2.            Factors referring to an injury or disease covered by another Statement of Principles\n\n\nIn this Statement of Principles:\n\n1.           if a factor referred to in section 9 applies in relation to a person; and\n2.           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\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                               cut, stab, abrasion and laceration—see subsection 7(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 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":"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals and replaces the earlier Statement of Principles No. 54 of 2016 (section 4). It restates coverage of cut, stab, abrasion and laceration, defines included/excluded injuries and death, and prescribes two qualifying factors for a positive connection to relevant service (sections 7–9). The text therefore alters the controlling Statement of Principles in force; the instrument itself does not set out a clause‑by‑clause comparison to the 2016 version, so precise differences in substantive coverage must be determined by comparing the two texts."},"complexity_factors":["Narrow subject matter but technical medical definitions (what constitutes cut, stab, abrasion and laceration) — see subsection 7(2).","Two-part qualifying test with one factor (direct trauma) straightforward but the other (inability to obtain appropriate clinical management before worsening) fact‑dependent and evidence‑sensitive — see section 9.","Evidential standard is the civil 'balance of probabilities' (stated in section 8), not a higher criminal standard.","Interplay with other Statements of Principles where an identified factor refers to another injury/disease — cross‑application increases interpretive complexity (section 11).","Explicit exclusions (e.g. gunshot, explosive, non‑friction burns, dental abrasion) require careful categorisation of injuries (subsection 7(2)(c)).","Legal applicability confined to claims under specified provisions of the VEA and MRCA (section 5), so procedural/administrative scope is narrow but consequential for claim outcomes.","Formal repeal of the 2016 instrument may create transition or precedent issues for adjudicators and claimants (section 4)."],"plain_english_summary":"This Statement of Principles, made by the Repatriation Medical Authority, sets the medical test for when cut, stab, abrasion or laceration — and death from them — are connected to relevant service for claims under the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act. It defines which wounds are included or excluded and requires at least one qualifying factor (direct physical trauma to the affected site, or inability to obtain appropriate clinical management before clinical worsening). It repeals the 2016 Statement and therefore governs the medical link needed for entitlement decisions."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow scope as its 2016 predecessor. It addresses a specific category of physical injury (cuts, stabs, abrasions, lacerations) for a defined cohort (peacetime/non-operational service members). The 2025 version appears to be a straightforward reissue/replacement without expansion into new injury types or service categories."},"complexity_factors":["Short document (approximately 1,500 words)","Only 5 defined terms in the Dictionary (cut/stab/abrasion/laceration, MRCA, relevant service, terminal event, VEA)","Simple binary test structure: only 2 factors in section 9, requiring just one to be satisfied","Minimal cross-referencing: only refers to parent Acts (VEA and MRCA) and one repealed instrument","Clear exclusions list (6 specific items in section 7(3)) prevents ambiguity","Single conditional clause in section 10(2) regarding pre-existing conditions","No nested exceptions or complex temporal requirements beyond the basic 'before/during service' distinction"],"plain_english_summary":"This rulebook sets the medical test used to decide when Australian veterans and current/former defence members (mainly peacetime/non-warlike service) can get compensation under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 for cuts, stabs, abrasions and lacerations. To qualify, the wound must be causally linked to service by either direct physical trauma or by lack of timely/appropriate care tied to service.\n\nIt covers rope/friction burns and needlestick injuries but excludes gunshots, thermal/explosive burns and non‑skin‑breaking injuries. It replaces the 2016 version."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-cut-stab-abrasion-and-laceration-balance-of-probabilities-no-38-o","history":"/api/acts/statement-of-principles-concerning-cut-stab-abrasion-and-laceration-balance-of-probabilities-no-38-o/history","analysis":"/api/acts/statement-of-principles-concerning-cut-stab-abrasion-and-laceration-balance-of-probabilities-no-38-o/analysis","conflicts":"/api/acts/statement-of-principles-concerning-cut-stab-abrasion-and-laceration-balance-of-probabilities-no-38-o/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-cut-stab-abrasion-and-laceration-balance-of-probabilities-no-38-o/important-cases","documents":"/api/acts/statement-of-principles-concerning-cut-stab-abrasion-and-laceration-balance-of-probabilities-no-38-o/documents"}}