{"id":"F2024L00041","name":"Statement of Principles concerning hepatitis A infection (Balance of Probabilities) (No. 10 of 2024)","slug":"statement-of-principles-concerning-hepatitis-a-infection-balance-of-probabilities-no-10-of-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442247,"registerId":"F2024L00041-fast-fetch-1775957293000","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning hepatitis A infection (Balance of Probabilities) (No. 10 of 2024)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nHEPATITIS A INFECTION (Balance of Probabilities)\n\n(No. 10 of 2024)\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 22 December 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 hepatitis A infection (Balance of Probabilities) (No. 10 of 2024).\n\n2 Commencement\n\n This instrument commences on 22 January 2024.\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 hepatitis A No. 64 of 2015 (Federal Register of Legislation No. F2015L00648) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 hepatitis A infection and death from hepatitis A infection.\n\nMeaning of hepatitis A infection\n\n(2) For the purposes of this Statement of Principles, hepatitis A infection means infection with the hepatitis A virus resulting in an acute, symptomatic, clinical illness characterised by inflammation of the liver, and which is confirmed by laboratory testing for hepatitis A serological or nucleic acid markers.\n\nNote: Signs and symptoms of hepatitis A infection include fever, tiredness, loss of appetite, nausea, vomiting, abdominal discomfort, hepatomegaly and jaundice.\n\n(3) While hepatitis A infection attracts ICD‑10‑AM code B15, in applying this Statement of Principles the meaning of hepatitis A infection 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 hepatitis A infection\n\n(5) For the purposes of this Statement of Principles, hepatitis A infection, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's hepatitis A infection.\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 hepatitis A infection and death from hepatitis A infection 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, hepatitis A infection or death from hepatitis A infection is connected with the circumstances of a person's relevant service:\n\n(1) being exposed to the hepatitis A virus by:\n\n(a) being in the same living quarters or immediate work environment as a person infected with the hepatitis A virus;\n\n(b) consuming water or food contaminated with the hepatitis A virus;\n\n(c) having direct contact with human or primate faecal material contaminated with the hepatitis A virus;\n\n(d) having direct physical contact with a human or a primate infected with the hepatitis A virus;\n\n(e) having percutaneous (intravenous, intramuscular, subcutaneous or intradermal) exposure to blood or body fluids contaminated with the hepatitis A virus; or\n\n(f) receiving a transfusion of blood or blood products contaminated with the hepatitis A virus;\n\nwhere hepatitis A virus exposure occurs between 15 and 50 days before the clinical onset of hepatitis A infection;\n\n(2) having a solid organ transplant, where the tissue or organ is derived from a person infected with the hepatitis A virus, within the 4 months before the clinical onset of hepatitis A infection;\n\n(3) inability to access appropriate hepatitis A vaccination before exposure to hepatitis A virus, or appropriate hepatitis A post-exposure prophylaxis, in accordance with contemporary medical standards, before the clinical onset of hepatitis A infection;\n\nNote: post-exposure prophylaxis is defined in the Schedule 1 - Dictionary.\n\n(4) inability to obtain appropriate clinical management for hepatitis A infection before the clinical worsening of hepatitis A infection.\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(4) applies only to material contribution to, or aggravation of, hepatitis A infection where the person's hepatitis A infection 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 hepatitis A infection—see subsection 7(2).\n\n MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n post-exposure prophylaxis means providing immunoglobulin or a vaccine to a person who has been exposed to an infectious agent, in an effort to prevent them from developing the disease.\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 same narrow scope as its 2015 predecessor and the statutory framework established by the Veterans' Entitlements Act 1986. It continues to address only hepatitis A infection in the context of veterans' compensation, with no expansion into related conditions or broader populations. The update appears to be a routine refresh based on new medical evidence rather than a scope expansion."},"complexity_factors":["Short, single-purpose instrument (approximately 1,500 words)","Only 6 defined terms in the Dictionary (hepatitis A infection, MRCA, post-exposure prophylaxis, relevant service, terminal event, VEA)","Clear, numbered list of factors in section 9 with minimal cross-referencing","Simple conditional structure: 'at least one factor must exist' rather than complex nested logic","Single temporal limitation (15-50 days for exposure, 4 months for transplant) rather than multiple overlapping timeframes","No exceptions to exceptions; only one limiting clause in section 10(2) regarding clinical management factor","Straightforward repeal and replacement of single predecessor instrument"],"plain_english_summary":"This instrument sets the medical test (a Statement of Principles) for when hepatitis A is legally attributable to Australian military service, updating the 2015 evidence. It governs claims by veterans and current/former defence members under the VEA and MRCA for peacetime/non‑operational service. To get compensation a claimant must prove on the balance of probabilities that their infection was caused by service by meeting one of the specified medical factors (exposure/transplant/vaccination or care failures). It is the gatekeeper for such claims."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument continues to govern how hepatitis A infection is related to relevant service for claims under the VEA and MRCA (see sections 5 and 7). It repeals the 2015 Statement (section 4) and restates the condition, required laboratory confirmation and the factual factors that, if linked to service, satisfy the balance‑of‑probabilities test (sections 7–9). The text does not, by itself, show an expansion or contraction of claimant coverage beyond replacing the earlier instrument; assessing substantive change against the prior instrument requires comparison to the repealed text. The Repatriation Medical Authority issues the criteria (section 3), and claim outcomes depend on proving the listed exposures, timing and inability to access vaccination or care (sections 9 and Schedule 1)."},"complexity_factors":["Technical medical definition requiring laboratory confirmation (subsection 7(2)) and reference to ICD‑10‑AM coding (subsection 7(3)–(4)).","Precise temporal exposure window for causation (exposure 15–50 days before clinical onset) and a separate 4‑month window for infected donor organs (section 9(1) and 9(2)).","Legal standard for causation is balance of probabilities anchored to the Authority's view based on medical‑scientific evidence (section 8).","Multiple alternative factual pathways to establish service connection (direct exposure, contaminated food/water, transfusion, organ transplant, failure to access vaccination or post‑exposure prophylaxis, and inability to obtain clinical management) (section 9).","Cross‑references to other Statements of Principles and to claims under the VEA/MRCA create interdependencies (sections 5 and 11).","Replaces a prior 2015 instrument (section 4), requiring administrators and practitioners to apply the updated wording and timing rules."],"plain_english_summary":"This Statement of Principles sets the medical criteria the Repatriation Medical Authority uses to decide when hepatitis A infection (or death from it) can be connected to a veteran’s or member’s service for claims under the Veterans’ Entitlements Act or the Military Rehabilitation and Compensation Act. It defines the illness, required laboratory confirmation, time windows and specific exposure or vaccine-access factors that must be shown to link the infection to service, so it directly affects entitlement assessments for affected claimants."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-hepatitis-a-infection-balance-of-probabilities-no-10-of-2024","history":"/api/acts/statement-of-principles-concerning-hepatitis-a-infection-balance-of-probabilities-no-10-of-2024/history","analysis":"/api/acts/statement-of-principles-concerning-hepatitis-a-infection-balance-of-probabilities-no-10-of-2024/analysis","conflicts":"/api/acts/statement-of-principles-concerning-hepatitis-a-infection-balance-of-probabilities-no-10-of-2024/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-hepatitis-a-infection-balance-of-probabilities-no-10-of-2024/important-cases","documents":"/api/acts/statement-of-principles-concerning-hepatitis-a-infection-balance-of-probabilities-no-10-of-2024/documents"}}