{"id":"F2023L00515","name":"Statement of Principles concerning haemophilia (Balance of Probabilities) (No. 40 of 2023)","slug":"statement-of-principles-concerning-haemophilia-balance-of-probabilities-no-40-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441847,"registerId":"F2023L00515-fast-fetch-1775957031748","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning haemophilia (Balance of Probabilities) (No. 40 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\nHAEMOPHILIA (Balance of Probabilities)\n\n(No. 40 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:
|\n| --- |\n|
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 haemophilia (Balance of Probabilities) (No. 40 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 haemophilia No. 24 of 2015 (Federal Register of Legislation No. F2014L01833) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 haemophilia and death from haemophilia.\n\nMeaning of haemophilia\n\n(2) For the purposes of this Statement of Principles, haemophilia:\n\n(a) means one of a group of genetic disorders that involve defective clotting of blood through deficiencies in clotting factors VIII (haemophilia A or classical haemophilia), IX (haemophilia B or Christmas disease) or XI (haemophilia C or plasma thromboplastin antecedent deficiency); and\n\n(b) excludes von Willebrand disease and acquired haemophilia.\n\n(3) While haemophilia attracts ICD‑10‑AM codes D66, D67, or D68.1, in applying this Statement of Principles the meaning of haemophilia 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 haemophilia\n\n(5) For the purposes of this Statement of Principles, haemophilia, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's haemophilia.\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 haemophilia and death from haemophilia 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, haemophilia or death from haemophilia is connected with the circumstances of a person's relevant service:\n\n(1) inability to obtain appropriate clinical management for haemophilia.\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, haemophilia where the person's haemophilia 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 haemophilia—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":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals Statement No.24 of 2015 (s4) and replaces it with a Statement that retains genetic haemophilia and death from haemophilia (s7) but sets a single mandatory factor for connection to service—an inability to obtain appropriate clinical management—and requires that factor be related to relevant service (s9, s10). It therefore alters the evidentiary focus used to link haemophilia to service while preserving the statutory application to VEA and MRCA claims (s5)."},"complexity_factors":["Narrow medical focus: single qualifying factor (inability to obtain appropriate clinical management) reduces evidentiary complexity (s9)","Defined exclusions and scope for haemophilia types (includes VIII, IX, XI; excludes von Willebrand and acquired) require diagnostic clarity (s7(2))","Interplay with entitlement statutes and claim pathways (applies to VEA s120B and MRCA s339 claims) adds statutory linkage (s5)","Requirement that the factor be related to 'relevant service' introduces causation and temporal rules (s10)","Repeal of prior Statement creates transition/precedent considerations for existing claims (s4)","References to ICD‑10‑AM codes and 'terminal event' create technical medical-definition dependencies (s7(3)-(5); Schedule)"],"plain_english_summary":"This instrument replaces the earlier Statement of Principles on haemophilia and sets the medical test used by the Repatriation Medical Authority to link haemophilia (genetic types A, B, C; excluding von Willebrand and acquired) or death from it to military/relevant service. It says, on the balance of probabilities, a claimant meets the test if there was an inability to obtain appropriate clinical management related to their relevant service. It applies to claims under the VEA or MRCA and affects eligibility for veteran entitlements."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It replaces the 2015 Statement of Principles on the same topic with substantially identical scope — establishing the causal connection between haemophilia and military service for compensation purposes. The definition of haemophilia remains consistent (excluding von Willebrand disease and acquired haemophilia), and the single-factor test (inability to obtain clinical management) is preserved. No expansion into new conditions, populations, or benefit types is evident."},"complexity_factors":["Short document (approximately 3 pages of substantive content)","Only 7 defined terms in the Dictionary (haemophilia, MRCA, relevant service, terminal event, VEA, plus recursive references)","Single operative factor in section 9 (only one pathway to establish connection to service)","Minimal cross-referencing — primarily internal references to the Dictionary and parent Acts","Clear structure with numbered sections and plain headings","One significant conditional limitation in section 10(2) restricting the factor to aggravation/pre-existing conditions only","No nested exceptions or complex logical operators (no 'and/or' chains beyond basic definitions)"],"plain_english_summary":"This rulebook sets when Australian veterans or defence members with haemophilia can link their condition to service for benefits. It defines haemophilia (excluding von Willebrand disease and acquired haemophilia) and makes the single key test whether the person was unable to obtain appropriate clinical management during service. It applies only where haemophilia existed before or during service and was aggravated by service, includes related death claims, and tightens eligibility for pensions and medical coverage compared with the 2015 version."},"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-haemophilia-balance-of-probabilities-no-40-of-2023","history":"/api/acts/statement-of-principles-concerning-haemophilia-balance-of-probabilities-no-40-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-haemophilia-balance-of-probabilities-no-40-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-haemophilia-balance-of-probabilities-no-40-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-haemophilia-balance-of-probabilities-no-40-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-haemophilia-balance-of-probabilities-no-40-of-2023/documents"}}