{"id":"F2023L00518","name":"Statement of Principles concerning Gaucher disease (Reasonable Hypothesis) (No. 37 of 2023)","slug":"statement-of-principles-concerning-gaucher-disease-reasonable-hypothesis-no-37-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441848,"registerId":"F2023L00518-fast-fetch-1775957031777","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning Gaucher disease (Reasonable Hypothesis) (No. 37 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 (Reasonable Hypothesis)\n\n(No. 37 of 2023)\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 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 (Reasonable Hypothesis) (No. 37 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(2) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning Gaucher's disease No. 27 of 2015 (Federal Register of Legislation No. F2014L01843) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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 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\nThe Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that Gaucher disease and death from Gaucher 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 Gaucher disease or death from Gaucher disease 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(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 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) 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 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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow scope as its 2015 predecessor. It addresses only the specific question of how Gaucher disease (a genetic condition not caused by service) can nonetheless attract compensation through the 'aggravation' pathway. The scope has not expanded beyond this original purpose."},"complexity_factors":["Very short document (approximately 1,500 words)","Only 7 defined terms in the Dictionary (Gaucher disease, MRCA, relevant service, terminal event, VEA, plus two cross-references)","Single operative factor in section 9 (inability to obtain appropriate clinical management)","Minimal cross-referencing (only to other Statements of Principles in section 11, and internal definitions)","Simple conditional structure: one factor, with one limitation in section 10(2)","No nested exceptions or complex logical operators","Straightforward purpose-built instrument with no extraneous provisions"],"plain_english_summary":"This Statement of Principles sets the tests for Australian veterans and defence personnel (and their families for death claims) seeking compensation for Gaucher disease. It requires a \"reasonable hypothesis\" linking the disease to service, and allows only one causal factor: inability to obtain appropriate medical treatment during or because of service.\n\nIt applies where Gaucher disease pre‑existed or began before/during service and service materially worsened it; it does not treat service as the genetic cause. It replaces the 2015 instrument."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument repeals the 2015 Statement (s4) but the text itself does not state whether the practical scope has been expanded or narrowed. Based solely on this instrument, scope is defined as connecting Gaucher disease (including death) to relevant service for VEA/MRCA claims and requires inability to obtain appropriate clinical management related to service (ss5,7,9–10). A definitive determination of change would require comparison with the repealed 2015 instrument."},"complexity_factors":["Single, narrow statutory factor: the instrument requires at least one factor—'inability to obtain appropriate clinical management'—as the threshold for a reasonable hypothesis (s9(1)), which simplifies the legal test but focuses disputes on factual proof of access to care.","Service-relationship constraint: the factor must be related to relevant service and, for material contribution/aggravation, the disease must have been suffered or contracted before or during (but not arising out of) service (s10(1)–(2)), creating a temporal and causal limitation claimants must satisfy.","Cross-reference to other Statements of Principles: if a factor refers to an injury/disease covered by another statement, that other statement's factors apply (s11), introducing inter-instrument dependency and potential complexity in multi-condition claims.","Defined terms and statutory anchors: key terms and application are set by Schedule 1 definitions (e.g. 'relevant service', 'terminal event', MRCA, VEA) and the instrument is made under s196B(2) of the VEA (s3, Schedule 1), so interpretation depends on statutory definitions.","Repeal of prior instrument: the 2015 Statement is expressly repealed (s4), meaning claimants and decision-makers must apply the current text; absence of transitional provisions may raise implementation questions (s4).","Administrative medical judgment: the Repatriation Medical Authority determines whether the 'reasonable hypothesis' is met (cover sheet and s8), concentrating discretionary medical assessment in an administrative body.","Evidentiary and compliance burden: proving 'inability to obtain appropriate clinical management' will typically require medical records, health-system access evidence and factual inquiries about service-era circumstances (s9), creating documentary burdens on claimants.","Death linkage: the instrument explicitly includes death from Gaucher disease and defines 'terminal event' with examples (Schedule 1), which requires claims involving death to establish contribution of Gaucher disease to the terminal event."],"plain_english_summary":"This Statement of Principles (No.37 of 2023) sets the medical test used to link Gaucher disease, including death from it, to a person's relevant military service for claims under the VEA or MRCA. It replaces the 2015 statement and commenced 23 May 2023.\n\nMechanically, the Repatriation Medical Authority requires at least one factor — inability to obtain appropriate clinical management — and that this factor be related to the person's relevant service (ss 9–10). The Authority decides whether a 'reasonable hypothesis' exists; entitlement follows the veterans' claims process."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-gaucher-disease-reasonable-hypothesis-no-37-of-2023","history":"/api/acts/statement-of-principles-concerning-gaucher-disease-reasonable-hypothesis-no-37-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-gaucher-disease-reasonable-hypothesis-no-37-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-gaucher-disease-reasonable-hypothesis-no-37-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-gaucher-disease-reasonable-hypothesis-no-37-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-gaucher-disease-reasonable-hypothesis-no-37-of-2023/documents"}}