{"id":"F2023L00500","name":"Statement of Principles concerning Huntington disease (Balance of Probabilities) (No. 50 of 2023)","slug":"statement-of-principles-concerning-huntington-disease-balance-of-probabilities-no-50-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441842,"registerId":"F2023L00500-fast-fetch-1775957029614","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning Huntington disease (Balance of Probabilities) (No. 50 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\nHUNTINGTON DISEASE (Balance of Probabilities)\n\n(No. 50 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 Huntington disease (Balance of Probabilities) (No. 50 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 Huntington's chorea No. 38 of 2015 (Federal Register of Legislation No. F2014L01852) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 Huntington disease and death from Huntington disease.\n\nMeaning of Huntington disease\n\n(2) For the purposes of this Statement of Principles, Huntington disease means a genetic disorder of the brain, which involves progressive degeneration of nerve cells in the basal ganglia and cortex, leading to motor, emotional and cognitive dysfunction.\n\n(3) While Huntington disease attracts ICD‑10‑AM code G10, in applying this Statement of Principles the meaning of Huntington disease 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 Huntington disease\n\n(5) For the purposes of this Statement of Principles, Huntington disease, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's Huntington disease.\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 Huntington disease and death from Huntington disease 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, Huntington disease or death from Huntington disease is connected with the circumstances of a person's relevant service:\n\n(1) inability to obtain appropriate clinical management for Huntington 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, Huntington disease where the person's Huntington 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(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\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\n Huntington disease—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_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":"The instrument repeals the 2015 Statement (section 4) and narrows the connection test to a single factor: inability to obtain appropriate clinical management (section 9(1)). It explicitly includes death contributed to by Huntington disease (section 7(5)) and limits the factor’s operation to material contribution or aggravation where the disease was suffered or contracted before or during, but did not arise out of, service (section 10(2)). It also allows overlap with other Statements where relevant (section 11). These changes reframe causation toward access-to-care links and alter the evidentiary focus for claimants."},"complexity_factors":["Single qualifying factor (inability to obtain appropriate clinical management) simplifies causation analysis (section 9(1)).","Technical medical definition of Huntington disease and inclusion of death from terminal events requires medical evidence (sections 7(2) and 7(5)).","Requirement that the factor be related to relevant service adds a factual link to be proved (section 10(1)).","Restriction to material contribution or aggravation where disease existed before/during but did not arise out of service narrows application and changes proof dynamics (section 10(2)).","Interaction with other Statements of Principles can import separate tests where factors overlap, creating cross-instrument interface issues (section 11).","Legal standard is 'balance of probabilities' but the instrument relies on demonstrating inability to obtain appropriate clinical management — an evidentiary and factual inquiry likely to require records and witness evidence (section 8 and section 9(1)).","Repeal and replacement of the prior Statement concentrates legal change in a short instrument, reducing structural complexity but raising transitional interpretation questions (section 4).","Definitions of 'relevant service', VEA and MRCA frame the claimant population and affect scope of application (Schedule 1)."],"plain_english_summary":"This instrument replaces the 2015 Statement and sets the legal test linking Huntington disease (including death contributed to by it) to a veteran’s or member’s relevant service. Mechanically, it defines Huntington disease and establishes that, on the balance of probabilities, causation is met only if there was an inability to obtain appropriate clinical management that was related to the person’s relevant service.\n\nIt applies to claims under the VEA or MRCA and matters because claimants must prove lack of appropriate care and its service-link, shifting evidentiary burden onto claimants and administrative assessment toward access-to-care issues."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It updates terminology (replacing 'Huntington's chorea' with 'Huntington disease' to match modern medical usage) but does not expand beyond the established framework for determining service-relatedness of this specific genetic condition. The scope remains limited to establishing the single causal pathway (inability to obtain clinical management) for a condition that is fundamentally genetic rather than acquired through service."},"complexity_factors":["Very short document (approximately 1,500 words)","Only 5 defined terms in the Dictionary (Huntington disease, MRCA, relevant service, terminal event, VEA)","Single causal factor to establish (section 9), though with a nested limitation in section 10(2)","Minimal cross-referencing — only refers back to the parent Veterans' Entitlements Act 1986 and Military Rehabilitation and Compensation Act 2004 for foundational definitions","Straightforward structure following the standard Repatriation Medical Authority template","No exceptions to exceptions or deeply nested conditional logic"],"plain_english_summary":"This Statement of Principles guides whether Australian veterans or defence members can get compensation for Huntington disease by applying a \"balance of probabilities\" test. It affects claims under the Veterans' Entitlements Act 1986 and Military Rehabilitation and Compensation Act 2004.\n\nIt allows service to be relevant where it prevented appropriate treatment or otherwise worsened a pre‑existing, inherited Huntington disease — not where service allegedly caused the genetic condition."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-huntington-disease-balance-of-probabilities-no-50-of-2023","history":"/api/acts/statement-of-principles-concerning-huntington-disease-balance-of-probabilities-no-50-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-huntington-disease-balance-of-probabilities-no-50-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-huntington-disease-balance-of-probabilities-no-50-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-huntington-disease-balance-of-probabilities-no-50-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-huntington-disease-balance-of-probabilities-no-50-of-2023/documents"}}