{"id":"F2021L00921","name":"Statement of Principles concerning familial adenomatous polyposis (Balance of Probabilities) (No. 78 of 2021)","slug":"statement-of-principles-concerning-familial-adenomatous-polyposis-balance-of-probabilities-no-78-of-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440914,"registerId":"F2021L00921-fast-fetch-1775956368505","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning familial adenomatous polyposis (Balance of Probabilities) (No. 78 of 2021)","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\nFAMILIAL ADENOMATOUS POLYPOSIS (Balance of Probabilities)\n\n(No. 78 of 2021)\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 25 June 2021\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\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 Factor that must exist\n\n10 Relationship to service\n\nSchedule 1 - Dictionary\n\n1 Definitions\n\n \n\n\n\n\n1 Name\n\nThis is the Statement of Principles concerning familial adenomatous polyposis (Balance of Probabilities) (No. 78 of 2021).\n\n2 Commencement\n\n This instrument commences on 26 July 2021.\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 familial adenomatous polyposis No. 40 of 2013 (Federal Register of Legislation No. F2013L01127) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 familial adenomatous polyposis and death from familial adenomatous polyposis.\n\nMeaning of familial adenomatous polyposis\n\n(2) For the purposes of this Statement of Principles, familial adenomatous polyposis means an inherited autosomal dominant syndrome caused by germ-line mutation of the adenomatous polyposis coli gene, characterised by the formation of more than 100 colorectal adenomas.\n\nDeath from familial adenomatous polyposis\n\n(3) For the purposes of this Statement of Principles, familial adenomatous polyposis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's familial adenomatous polyposis.\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 familial adenomatous polyposis and death from familial adenomatous polyposis 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 Factor that must exist\n\nThe factor that must exist before it can be said that, on the balance of probabilities, familial adenomatous polyposis or death from familial adenomatous polyposis is connected with the circumstances of a person's relevant service is inability to obtain appropriate clinical management for familial adenomatous polyposis.\n\n10 Relationship to service\n\nThe existence in a person of the factor referred to in section 9, applies only to material contribution to, or aggravation of, familial adenomatous polyposis where the person's familial adenomatous polyposis was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n\n \n\n \n\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\n familial adenomatous polyposis—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 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":4,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2013 Statement of Principles (section 4) and replaces it with a Statement that: (a) defines FAP by genetic and clinical criteria (section 7(2)); (b) makes inability to obtain appropriate clinical management the required factor before a connection to service can be accepted (section 9); and (c) limits application to FAP suffered or contracted before or during, but not arising out of, relevant service (section 10). These changes alter the criteria used to link FAP and related deaths to relevant service and therefore change the substantive scope of acceptance compared with the prior instrument."},"complexity_factors":["Requires proof of a specific precondition—'inability to obtain appropriate clinical management'—which is fact‑ and evidence‑intensive to establish and may be contested (section 9).","Creates a nuanced temporal/causal limit: applies only where FAP was suffered or contracted before or during, but did not arise out of, relevant service—this narrows permissible causal pathways and requires careful factual analysis (section 10).","Relies on a technical medical/genetic definition of FAP (autosomal dominant APC mutation and >100 colorectal adenomas), so decisions will require specialist clinical and genetic evidence (section 7(2)).","Extends to death from FAP via terminal events and proximate causes, which adds complexity in attributing contribution to death versus other causes (section 7(3); Schedule—terminal event).","Operates within the claims frameworks of the VEA and MRCA, so administrators must align this Statement's criteria with existing statutory entitlements and procedural rules (section 5; Schedule definitions).","Repeals the prior 2013 Statement, which creates potential transition and interpretive issues for claims begun under the earlier instrument (section 4)."],"plain_english_summary":"This instrument replaces the 2013 Statement and sets the rules for when familial adenomatous polyposis (FAP) and death from FAP can be treated as connected to a veteran's or service member's VEA/MRCA claim. Mechanically it defines FAP (genetic and clinical criteria), makes inability to obtain appropriate clinical management a required precondition (section 9), and restricts application to FAP suffered or contracted before or during—but not arising out of—relevant service (section 10). It affects claimants, medical assessors and decision-makers because it sets the evidentiary and causation criteria for entitlement."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow scope as its predecessor (No. 40 of 2013). It continues to address only the specific question of whether familial adenomatous polyposis can be connected to military service through lack of clinical management, and explicitly excludes causation of the condition itself (which is genetically determined). The scope remains tightly constrained to aggravation of pre-existing genetic disease."},"complexity_factors":["Short document (approximately 1,500 words)","Only 5 defined terms in the Dictionary (familial adenomatous polyposis, MRCA, relevant service, terminal event, VEA)","Single causal factor to establish (section 9)","Clear limitation clause in section 10 restricting application to aggravation of pre-existing condition","Minimal cross-referencing (only internal references to the Dictionary and parent Acts)","No nested exceptions or conditional logic beyond the basic aggravation limitation"],"plain_english_summary":"This rulebook sets the test for when Australian veterans and current/former defence members can get compensation for familial adenomatous polyposis (FAP). It allows claims only where service prevented access to appropriate clinical management of an existing FAP, so service-related interference with treatment (or contribution to death) is the compensable link.\n\nThe pathway is narrow—only applies to people who had the genetic condition before or during service—and replaces the 2013 version."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-familial-adenomatous-polyposis-balance-of-probabilities-no-78-of-","history":"/api/acts/statement-of-principles-concerning-familial-adenomatous-polyposis-balance-of-probabilities-no-78-of-/history","analysis":"/api/acts/statement-of-principles-concerning-familial-adenomatous-polyposis-balance-of-probabilities-no-78-of-/analysis","conflicts":"/api/acts/statement-of-principles-concerning-familial-adenomatous-polyposis-balance-of-probabilities-no-78-of-/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-familial-adenomatous-polyposis-balance-of-probabilities-no-78-of-/important-cases","documents":"/api/acts/statement-of-principles-concerning-familial-adenomatous-polyposis-balance-of-probabilities-no-78-of-/documents"}}