{"id":"F2018L00189","name":"Statement of Principles concerning Guillain-Barre syndrome (Balance of Probabilities) (No. 24 of 2018)","slug":"statement-of-principles-concerning-guillain-barre-syndrome-balance-of-probabilities-no-24-of-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96810,"registerId":"commonwealth-F2018L00189-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning Guillain-Barre syndrome (Balance of Probabilities) (No. 24 of 2018)","content":"![Commonwealth Coat of Arms](image.001.png)\n\nStatement of Principles concerning Guillain-Barre syndrome (Balance of Probabilities) (No. 24 of 2018)\n\nmade under subsection 196B(3) of the\n\nVeterans' Entitlements Act 1986\n\nCompilation No. 2\n\nCompilation date: 25 July 2022\n\nIncludes amendments up to: Amendment Statement of Principles concerning Guillain-Barre syndrome (Balance of Probabilities) (No. 75 of 2022) (F2022L00913)\n\nThe day of commencement of this Amendment Statement of Principles concerning Guillain-Barre syndrome is 25 July 2022.\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Statement of Principles concerning Guillain-Barre syndrome (Balance of Probabilities) (No. 24 of 2018) that shows the text of the law as amended and in force on 25 July 2022.\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nContents\n\n1 Name\n\n3 Authority\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\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\n  \n\n1 Name\n\nThis is the Statement of Principles concerning Guillain-Barre syndrome (Balance of Probabilities) (No. 24 of 2018).\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\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 Guillain-Barre syndrome and death from Guillain-Barre syndrome.\n\nMeaning of Guillain-Barre syndrome\n\n(2) For the purposes of this Statement of Principles, Guillain-Barre syndrome:\n\n(a) means an acute or subacute immune-mediated disorder of the peripheral nervous system producing symptoms and signs of impaired motor, sensory or autonomic functioning; and\n\n(b) includes:\n\n(i) acute inflammatory demyelinating polyneuropathy;\n\n(ii) acute motor axonal neuropathy;\n\n(iii) acute motor sensory axonal neuropathy;\n\n(iv) Miller Fisher syndrome; and\n\n(v) other variant forms of Guillain-Barre syndrome; and\n\n(c) excludes chronic inflammatory demyelinating polyneuropathy.\n\n> Note 1: The most common variant of Guillain-Barre syndrome is acute inflammatory demyelinating polyneuropathy, which is characterised by rapidly progressive symmetrical limb weakness, loss of tendon reflexes, mild sensory signs and variable autonomic dysfunction.\n\n> Note 2: The diagnosis of Guillain-Barre syndrome is normally confirmed by electrodiagnostic testing or elevated protein concentration in cerebrospinal fluid without an elevated white cell count (cytoalbuminologic dissociation).\n\n(3) While Guillain-Barre syndrome attracts ICD‑10‑AM code G61.0, in applying this Statement of Principles the meaning of Guillain-Barre syndrome 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 Guillain-Barre syndrome\n\n(5) For the purposes of this Statement of Principles, Guillain-Barre syndrome, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's Guillain-Barre syndrome.\n\n> Note: 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 Guillain-Barre syndrome and death from Guillain-Barre syndrome can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.\n\n> Note: 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, Guillain-Barre syndrome or death from Guillain-Barre syndrome is connected with the circumstances of a person's relevant service:\n\n(1) having an infection from the specified list of infections, where that infection has been acquired within the two months before the clinical onset of Guillain-Barre syndrome;\n\n> Note: specified list of infections is defined in the Schedule 1 - Dictionary.\n\n(2) being infected with human immunodeficiency virus at the time of the clinical onset of Guillain-Barre syndrome;\n\n(3) having a clinically apparent herpes zoster infection in the two months before the clinical onset of Guillain-Barre syndrome;\n\n(4) having a symptomatic gastrointestinal or respiratory tract infection in the two months before the clinical onset of Guillain-Barre syndrome;\n\n(5) receiving a vaccine from the specified list of vaccines within the two months before the clinical onset of Guillain-Barre syndrome;\n\n> Note: specified list of vaccines is defined in the Schedule 1 - Dictionary.\n\n(6) having a malignant neoplasm, other than non-melanotic malignant neoplasm of the skin, at the time of the clinical onset of Guillain-Barre syndrome;\n\n(7) having a solid organ or stem cell transplant before the clinical onset of Guillain-Barre syndrome;\n\n(8) being treated with a tumour necrosis factor-α inhibitor in the two months before the clinical onset of Guillain-Barre syndrome;\n\n(9) inability to obtain appropriate clinical management for Guillain-Barre syndrome.\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(9) applies only to material contribution to, or aggravation of, Guillain-Barre syndrome where the person's Guillain-Barre syndrome 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\nSchedule 1 \\- Dictionary\n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\nGuillain-Barre syndrome—see subsection 7(2).\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nrelevant 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\n> Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.\n\nspecified list of infections means:\n\n(a) Campylobacter jejuni;\n\n(b) Chikungunya virus;\n\n(c) cytomegalovirus;\n\n(d) dengue virus;\n\n(e) Epstein-Barr virus;\n\n(f) hepatitis A virus;\n\n(g) hepatitis E virus;\n\n(h) influenza virus;\n\n(i) Japanese encephalitis virus;\n\n(j) Mycoplasma pneumoniae;\n\n(k) Orientia tsutsugamushi (scrub typhus);\n\n(ka) severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);\n\n(l) West Nile virus; or\n\n(m) Zika virus.\n\nNote: SARS-CoV-2 is the virus which causes coronavirus disease 2019 (COVID-19).\n\nspecified list of vaccines means:\n\n(a) adenovirus vector coronavirus 2019 (COVID-19) vaccine;\n\n(b) influenza vaccine; or\n\n(c) nerve tissue derived rabies vaccine.\n\nNote: Examples of adenovirus vector COVID-19 vaccines include:\n\n(a) Ad26.COV2.S (Janssen COVID-19 Vaccine);\n\n(b) ChAdOx1 nCoV-19 (Vaxzevria, Oxford/Astra-Zeneca);\n\n(c) Gam-COVID-Vac (Sputnik V, Sputnik Light); and\n\n(d) AD5-nCOV (Convidecia).\n\nterminal 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\nVEA means the Veterans' Entitlements Act 1986.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n|                                                | o = order(s)                        |\n| ---------------------------------------------- | ----------------------------------- |\n| ad = added or inserted                         | Ord = Ordinance                     |\n| am = amended                                   | orig = original                     |\n| amdt = amendment                               | par = paragraph(s)/subparagraph(s)  |\n| c = clause(s)                                  | /sub‑subparagraph(s)                |\n| C[x] = Compilation No. x                       | pres = present                      |\n| Ch = Chapter(s)                                | prev = previous                     |\n| def = definition(s)                            | (prev…) = previously                |\n| Dict = Dictionary                              | Pt = Part(s)                        |\n| disallowed = disallowed by Parliament          | r = regulation(s)/rule(s)           |\n| Div = Division(s)                              |                                     |\n| exp = expires/expired or ceases/ceased to have | reloc = relocated                   |\n| effect                                         | renum = renumbered                  |\n| F = Federal Register of Legislation            | rep = repealed                      |\n| gaz = gazette                                  | rs = repealed and substituted       |\n| LA = Legislation Act 2003                      | s = section(s)/subsection(s)        |\n| LIA = Legislative Instruments Act 2003         | Sch = Schedule(s)                   |\n| (md) = misdescribed amendment can be given     | Sdiv = Subdivision(s)               |\n| effect                                         | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment       | SR = Statutory Rules                |\n| cannot be given effect                         | Sub‑Ch = Sub‑Chapter(s)             |\n| mod = modified/modification                    | SubPt = Subpart(s)                  |\n| No. = Number(s)                                | underlining = whole or part not     |\n|                                                | commenced or to be commenced        |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                                             | Registration             | Commencement | Application, saving and transitional provisions |\n| ---------------------------------------------------------------------------------------------------------------- | ------------------------ | ------------ | ----------------------------------------------- |\n| Statement of Principles concerning Guillain-Barre syndrome (Balance of Probabilities) (No. 24 of 2018)           | 5 March 2018F2018L00189  | 2 April 2018 |                                                 |\n| Amendment Statement of Principles concerning Guillain-Barre syndrome (Balance of Probabilities) (No. 58 of 2021) | 23 April 2021F2021L00484 | 24 May 2021  |                                                 |\n| Amendment Statement of Principles concerning Guillain-Barre syndrome (Balance of Probabilities) (No. 75 of 2022) | 30 June 2022F20221L00913 | 25 July 2022 |                                                 |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected                                                               | How affected                       |\n| -------------------------------------------------------------------------------- | ---------------------------------- |\n| Section 2……………….                                                                 | rep LA s 48D                       |\n| Section 4……………….                                                                 | rep LA s 48C                       |\n| Subsection 9(1)……….Schedule 1 – Dictionary – specified list of infections………………. | am No. 58 of 2021am No. 58 of 2021 |\n| Subsection 9(5)………..                                                             | rs No. 75 of 2022                  |\n| Schedule 1 – Dictionary – specified list of vaccines………….…….                     | rs No. 75 of 2022                  |","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":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: establishing criteria for determining service connection of Guillain-Barre syndrome in veterans. The 2022 amendments added SARS-CoV-2 to the infection list and updated COVID-19 vaccines in the vaccine list — these reflect evolving medical knowledge rather than scope creep. The instrument has not expanded beyond its original remit of defining causal factors for this specific neurological condition."},"complexity_factors":["Short, focused instrument (approximately 12 substantive sections)","Single medical condition with clearly enumerated causal factors (9 specific factors in section 9)","Limited cross-referencing — primarily internal references to the Dictionary in Schedule 1","Straightforward conditional logic: 'at least one of the following factors must exist' (simple disjunctive test)","Only 8 defined terms in Schedule 1 Dictionary (Guillain-Barre syndrome, MRCA, relevant service, specified list of infections, specified list of vaccines, terminal event, VEA)","No nested exceptions or complex temporal layering beyond simple 2-month lookback periods","Medical terminology is technical but explicitly defined (e.g., ICD-10-AM coding, specific pathogens)","Amendment history shows minimal structural change — primarily updates to vaccine and infection lists to reflect COVID-19"],"plain_english_summary":"This instrument sets a clear, medical-legal test for whether Australian veterans and current/former defence personnel with Guillain‑Barré syndrome (GBS) can get compensation under the Veterans' Entitlements Act and MRCA. It applies a \"balance of probabilities\" causation test and identifies specific service‑related exposures and circumstances—any one linking to service can establish entitlement.\n\nIt matters because GBS often follows infections or vaccinations common in military life; the law creates a straightforward pathway to support for affected service members."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Statement’s scope has been amended since 2018. Endnote 4 records amendments: the specified list of infections in Schedule 1 (affecting subsection 9(1)) was amended by No. 58 of 2021 (adding items such as SARS‑CoV‑2), and the specified list of vaccines in Schedule 1 and subsection 9(5) were amended by No. 75 of 2022 (adding adenovirus‑vector COVID‑19 vaccines). These changes broaden the enumerated causal agents claimants may rely on."},"complexity_factors":["Defined medical scope and exclusions (see subsection 7(2) and 7(2)(c)): requires distinguishing acute variants from excluded chronic conditions.","Specific temporal causation threshold (two‑month window) in subsection 9(1)–(5): creates a bright‑line timing test for many factors.","Detailed enumerated lists in Schedule 1 (specified infections and vaccines) increase factual verification tasks for claimants and decision makers.","Cross‑statutory application to both VEA and MRCA claims (section 5 and Schedule definitions): requires administrators to apply the same medical test across different compensation schemes.","Interaction with other Statements of Principles (section 11): factors may import terms from other instruments, adding cross‑referencing complexity.","Reliance on the Repatriation Medical Authority’s view of medical‑scientific evidence (section 8): requires interpretation of evolving medical evidence.","Inclusion of death via terminal events with a defined list (subsection 7(5) and Schedule terminal event): expands causation analysis to proximate causes of death.","Amendment history (Endnote 4): recent additions (eg. SARS‑CoV‑2, COVID‑19 vaccines) change factual matrices for newer claims."],"plain_english_summary":"Mechanically, this Statement of Principles sets the legal tests used to decide whether Guillain‑Barré syndrome (and death from it) is connected to a veteran’s service for compensation: it defines the condition, lists specific infections, vaccines and treatments, and uses a two‑month exposure window for many causes. It affects veterans making VEA/MRCA claims, requires medical evidence of listed exposures, and gives the Repatriation Medical Authority the medical framework and discretion to decide connection and entitlement."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-guillain-barre-syndrome-balance-of-probabilities-no-24-of-2018","history":"/api/acts/statement-of-principles-concerning-guillain-barre-syndrome-balance-of-probabilities-no-24-of-2018/history","analysis":"/api/acts/statement-of-principles-concerning-guillain-barre-syndrome-balance-of-probabilities-no-24-of-2018/analysis","conflicts":"/api/acts/statement-of-principles-concerning-guillain-barre-syndrome-balance-of-probabilities-no-24-of-2018/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-guillain-barre-syndrome-balance-of-probabilities-no-24-of-2018/important-cases","documents":"/api/acts/statement-of-principles-concerning-guillain-barre-syndrome-balance-of-probabilities-no-24-of-2018/documents"}}