{"id":"F2023L00517","name":"Statement of Principles concerning Gaucher disease (Balance of Probabilities) (No. 38 of 2023)","slug":"statement-of-principles-concerning-gaucher-disease-balance-of-probabilities-no-38-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441849,"registerId":"F2023L00517-fast-fetch-1775957031780","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning Gaucher disease (Balance of Probabilities) (No. 38 of 2023)","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\nGAUCHER DISEASE (Balance of Probabilities)\n\n(No. 38 of 2023)\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 24 April 2023.\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 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 Gaucher disease (Balance of Probabilities) (No. 38 of 2023).\n\n2 Commencement\n\n This instrument commences on 23 May 2023.\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 Gaucher's disease No. 28 of 2015 (Federal Register of Legislation No. F2014L01846) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 Gaucher disease and death from Gaucher disease.\n\nMeaning of Gaucher disease\n\n(2) For the purposes of this Statement of Principles, Gaucher disease means a genetic disorder of sphingolipid metabolism which involves a deficiency of the lysosomal enzyme glucocerebrosidase, leading to accumulation of glucocerebroside and other glycolipids in macrophages in various organs of the body.\n\nNote 1: Accumulation of glucocerebroside and glycolipids in macrophages can occur in the spleen, liver, bone marrow and bone.\n\nNote 2: Clinical manifestations include splenomegaly, hepatomegaly, thrombocytopaenia and anaemia.\n\nDeath from Gaucher disease\n\n(3) For the purposes of this Statement of Principles, Gaucher disease, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's Gaucher 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 Gaucher disease and death from Gaucher 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, Gaucher disease or death from Gaucher disease is connected with the circumstances of a person's relevant service:\n\n(1) inability to obtain appropriate clinical management for Gaucher disease.\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\n(2) The factor set out in subsection 9(1) applies only to material contribution to, or aggravation of, Gaucher disease where the person's Gaucher disease was suffered or contracted before or during (but did not arise out of) the person's relevant service.\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 Gaucher disease —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":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the narrow scope typical of Statements of Principles for genetic conditions. It does not expand beyond the original purpose of determining service connection for veterans' compensation claims. The repeal of the 2015 version and replacement with this 2023 version appears to be a routine update rather than a scope expansion, preserving the same limited applicability (aggravation only, not causation) for this inherited metabolic disorder."},"complexity_factors":["Only 5 defined terms in the Dictionary (Gaucher disease, MRCA, relevant service, terminal event, VEA)","Single causal factor in section 9 (inability to obtain appropriate clinical management)","Limited cross-referencing — only refers back to the parent Acts (VEA and MRCA) and includes a generic reference to other Statements of Principles in section 11","Straightforward conditional logic in section 10(2) limiting the factor to aggravation of pre-existing disease rather than causation","Short length (approximately 2 pages of substantive content)","Medical terminology is defined in plain English in section 7(2)"],"plain_english_summary":"This Statement of Principles sets the legal test for when Australian veterans and defence members can claim compensation for Gaucher disease or death from it. To succeed on the balance of probabilities, claimants must show service prevented proper medical treatment for an already-existing Gaucher condition and that service materially worsened it. \n\nBecause Gaucher is genetic, the instrument narrows liability (replacing the 2015 version): service rarely causes the disease, so claims are limited to cases where treatment in service aggravated a pre-existing disorder."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2015 Statement (section 4) and replaces it with a framework that: (a) defines Gaucher disease and related death narrowly (section 7), (b) limits the sole qualifying factor to 'inability to obtain appropriate clinical management' (section 9), and (c) restricts that factor to cases where the disease existed before or during but did not arise out of service (section 10(2)). It also requires cross-application of other Statements where relevant (section 11) and applies to claims under section 120B VEA or section 339 MRCA (section 5)."},"complexity_factors":["Single, medically‑framed causal pathway: the instrument relies on one factor—'inability to obtain appropriate clinical management'—as the trigger for service connection (section 9). Proving this fact can be evidentially and medically complex.","Medical definition and death scope: Gaucher disease is defined by a biochemical/clinical description (section 7(2)) and death includes terminal events listed in the Dictionary (section 7(3), Schedule 1), requiring clinical evidence.","Service-linking rules and timing limits: the factor in section 9 only materially contributes or aggravates disease where the disease was suffered or contracted before or during (but did not arise out of) service (section 10(2)), creating a precise temporal/causation test.","Interaction with other Statements of Principles: if the factor relates to an injury or disease covered by another Statement, that other Statement’s factors apply (section 11), adding cross-reference complexity.","Statutory application and repeal: the instrument expressly replaces the 2015 Statement (section 4) and applies to claims under specified provisions of the VEA and MRCA (section 5), so practitioners must track the current instrument.","Administrative judgment and evidentiary standard: the Repatriation Medical Authority states its view is based on 'sound medical‑scientific evidence' and the balance of probabilities standard applies (section 8), leaving scope for professional and evidentiary interpretation."],"plain_english_summary":"This Statement of Principles sets out the medical definition and the single qualifying pathway for finding, on the balance of probabilities, that Gaucher disease (or death from it) is connected with a veteran’s or member’s relevant service. It replaces the earlier 2015 instrument and applies to claims under the VEA and MRCA. The only listed factor that can establish a connection is an inability to obtain appropriate clinical management, subject to timing and service-related limits."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-gaucher-disease-balance-of-probabilities-no-38-of-2023","history":"/api/acts/statement-of-principles-concerning-gaucher-disease-balance-of-probabilities-no-38-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-gaucher-disease-balance-of-probabilities-no-38-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-gaucher-disease-balance-of-probabilities-no-38-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-gaucher-disease-balance-of-probabilities-no-38-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-gaucher-disease-balance-of-probabilities-no-38-of-2023/documents"}}