{"id":"F2023L00470","name":"Statement of Principles concerning hereditary spherocytosis (Reasonable Hypothesis) (No. 41 of 2023)","slug":"statement-of-principles-concerning-hereditary-spherocytosis-reasonable-hypothesis-no-41-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441818,"registerId":"F2023L00470-fast-fetch-1775957016724","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning hereditary spherocytosis (Reasonable Hypothesis) (No. 41 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\nHEREDITARY SPHEROCYTOSIS (Reasonable Hypothesis)\n\n(No. 41 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:
|\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 hereditary spherocytosis (Reasonable Hypothesis) (No. 41 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 hereditary spherocytosis No. 67 of 2015 (Federal Register of Legislation No. F2015L00649) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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 hereditary spherocytosis and death from hereditary spherocytosis.\n\nMeaning of hereditary spherocytosis\n\n(2) For the purposes of this Statement of Principles, hereditary spherocytosis means a group of genetic disorders of red blood cells, involving the production of spherical red blood cells which are susceptible to haemolysis.\n\nNote: Clinical manifestations include haemolytic anaemia, jaundice and splenomegaly.\n\n(3) While hereditary spherocytosis attracts ICD‑10‑AM code D58.0, in applying this Statement of Principles the meaning of hereditary spherocytosis 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 hereditary spherocytosis\n\n(5) For the purposes of this Statement of Principles, hereditary spherocytosis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's hereditary spherocytosis.\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 hereditary spherocytosis and death from hereditary spherocytosis 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 hereditary spherocytosis or death from hereditary spherocytosis with the circumstances of a person's relevant service:\n\n(1) having an acute viral infection within the 6 weeks before the clinical worsening of hereditary spherocytosis;\n\n(2) being pregnant within the 6 weeks before the clinical worsening of hereditary spherocytosis;\n\n(3) inability to obtain appropriate clinical management for hereditary spherocytosis.\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 factors set out in subsections 9(1) to 9(3) apply only to material contribution to, or aggravation of, hereditary spherocytosis where the person's hereditary spherocytosis 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 hereditary spherocytosis—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":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2015 Statement (s4) and replaces it with a rule set limited to three specific factors (s9). It confines application to claims under section 120A of the VEA or section 338 of the MRCA (s5) and narrows material contribution/aggravation to cases where hereditary spherocytosis existed or was contracted before or during (but did not arise out of) relevant service (s10(2)). It also incorporates death-as‑contribution to a terminal event (s7(5) and Schedule)."},"complexity_factors":["Narrow, specific causal list (only three factors): acute viral infection, pregnancy, inability to obtain appropriate clinical management (section 9) — simplifies causal assessment but requires precise factual proof.","Service‑connection requirement: each factor must be related to the person's relevant service (s10(1)) and factors apply only where the condition pre‑existed or was contracted before/during but did not arise out of service (s10(2)) — introduces a nuanced temporal/causal constraint.","Interaction with other Statements of Principles where a factor refers to another injury/disease (s11) — requires cross‑reference to and application of other SOPs, adding procedural linkage.","Repeal of prior instrument (s4) — practitioners must apply the new statement rather than the 2015 version, a transitional/administrative change.","Definitions and medical framing: the instrument defines hereditary spherocytosis (s7(2)), includes death from contribution to a terminal event (s7(5)) and defines 'terminal event' in the Schedule — assessing contribution may require medical expertise.","Statutory and administrative linkage: applies to claims under specified sections of the VEA and MRCA (s5; Schedule 'relevant service') — links medical findings to entitlement processes administered under those Acts.","Decision standard and authorising body: instrument is made by the Repatriation Medical Authority under subsection 196B(2) and framed on the Authority's view of sound medical‑scientific evidence (s3, s8) — indicates who sets the medical criteria and that medical judgment underpins the statement.","Evidentiary and compliance burden on claimants: to raise a 'reasonable hypothesis' claimants must present evidence of one of the listed factors and its connection to service (s9, s10) — imposes a focused but concrete evidentiary requirement."],"plain_english_summary":"This Statement of Principles sets the medical rules for when hereditary spherocytosis (a genetic red‑blood‑cell disorder) can be linked to a veteran’s or serving member’s relevant service for claims under the VEA or MRCA. It identifies three specific factors that, if present and connected to service, can raise a reasonable hypothesis for entitlement and repeals the earlier 2015 statement."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward reissue/replacement of the 2015 Statement of Principles concerning the same condition. The scope remains limited to determining compensation eligibility for hereditary spherocytosis under the reasonable hypothesis standard. No expansion beyond the original purpose of establishing medical connection factors for veterans' compensation claims."},"complexity_factors":["Short document (approximately 1,500 words)","Only 6 defined terms in the Dictionary","Simple conditional structure: one of three factors must exist","Single cross-reference to other Statements of Principles (section 11)","Clear, linear organisation with numbered sections","Limited exceptions: only one material contribution limitation in section 10(2)","No nested definitions or recursive cross-referencing"],"plain_english_summary":"This instrument updates rules for compensation for hereditary spherocytosis, adopting a lower \"reasonable hypothesis\" test so veterans need not prove definitive causation. It applies to current and former Australian Defence Force members and veterans covered by the VEA 1986 or MRCA 2004, and recognizes that service‑related events (e.g., infection, pregnancy, or lack of treatment within six weeks) may worsen the genetic condition and justify compensation."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-hereditary-spherocytosis-reasonable-hypothesis-no-41-of-2023","history":"/api/acts/statement-of-principles-concerning-hereditary-spherocytosis-reasonable-hypothesis-no-41-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-hereditary-spherocytosis-reasonable-hypothesis-no-41-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-hereditary-spherocytosis-reasonable-hypothesis-no-41-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-hereditary-spherocytosis-reasonable-hypothesis-no-41-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-hereditary-spherocytosis-reasonable-hypothesis-no-41-of-2023/documents"}}