{"id":"F2023L00499","name":"Statement of Principles concerning Huntington disease (Reasonable Hypothesis) (No. 49 of 2023)","slug":"statement-of-principles-concerning-huntington-disease-reasonable-hypothesis-no-49-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441844,"registerId":"F2023L00499-fast-fetch-1775957029617","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning Huntington disease (Reasonable Hypothesis) (No. 49 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 (Reasonable Hypothesis)\n\n(No. 49 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:
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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 (Reasonable Hypothesis) (No. 49 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 Huntington's chorea No. 37 of 2015 (Federal Register of Legislation No. F2014L01851) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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 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\nThe Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that Huntington disease and death from Huntington disease 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 Huntington disease or death from Huntington disease 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(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 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) 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":"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 instrument maintains its original narrow purpose. It updates terminology (replacing 'Huntington's chorea' with 'Huntington disease') and references current legislation versions, but does not expand beyond the established framework for determining service-related compensation for this specific genetic condition."},"complexity_factors":["Short document: approximately 1,500 words across 11 sections plus a short dictionary","Only 6 defined terms in Schedule 1 (Huntington disease, MRCA, relevant service, terminal event, VEA)","Single causal factor in section 9 (inability to obtain appropriate clinical management)","Simple conditional structure: one factor with one limitation in section 10(2)","Minimal cross-referencing: only refers to parent Acts (VEA and MRCA) and one repealed instrument","Straightforward application: applies to specific claim types under two identified Acts","No nested exceptions or complex logical operators beyond basic 'and/or' in definitions"],"plain_english_summary":"This Statement of Principles sets the medical rules for deciding whether Australian veterans or defence members can get compensation for Huntington disease, replacing a 2015 version that used an outdated term. It applies to claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.\n\nCompensation requires a \"reasonable hypothesis\" linking service to the condition, and the only recognised link is lack of proper medical treatment during service worsening a pre‑existing genetic disease — service cannot cause Huntington disease."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2015 Statement (s4) and replaces it with a new formulation that defines Huntington disease, adopts a \"reasonable hypothesis\" evidentiary threshold, and specifies a single minimum factor— inability to obtain appropriate clinical management—subject to the requirement that the factor be related to relevant service and that contribution/aggravation apply only where disease existed before or during service (s7, s9, s10). The replacement thus alters the legal framing and the evidentiary pathway for claims under the VEA/MRCA (s5)."},"complexity_factors":["Legal cross-references to two entitlement regimes (VEA and MRCA) which determine application (s5).","Technical medical definition of Huntington disease and reliance on ICD‑10‑AM coding for identification (s7(2)–(4)).","Single, non-medical evidentiary factor (inability to obtain appropriate clinical management) which focuses proof on access and care rather than causal exposure (s9(1)).","Requirement that any factor be related to the person's relevant service and a limitation to material contribution/aggravation where disease preceded or began during service (s10(1)–(2)).","Cross-application rule tying factors to other Statements of Principles where those other SOPs cover implicated injuries/diseases (s11).","Administrative change: repeal of the 2015 Statement and commencement date create a discrete legal cut‑off for claims (s4, s2).","Practical evidentiary burden: claimants must demonstrate failure or inability to obtain appropriate clinical management, which may be factual and documentary (s9(1)).","RMA discretion in determining the Statement and asserting the medical‑scientific basis for the factors (s3, s8)."],"plain_english_summary":"This Statement of Principles sets the medical definition of Huntington disease and establishes the minimum factual link that can raise a \"reasonable hypothesis\" connecting the disease (or death from it) to a person's military service: at least an inability to obtain appropriate clinical management (s7, s9). It applies to claims under the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act and was made by the Repatriation Medical Authority; it replaces the 2015 instrument and therefore changes the evidentiary framing for veteran/member entitlement claims (s3–5, s8)."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-huntington-disease-reasonable-hypothesis-no-49-of-2023","history":"/api/acts/statement-of-principles-concerning-huntington-disease-reasonable-hypothesis-no-49-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-huntington-disease-reasonable-hypothesis-no-49-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-huntington-disease-reasonable-hypothesis-no-49-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-huntington-disease-reasonable-hypothesis-no-49-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-huntington-disease-reasonable-hypothesis-no-49-of-2023/documents"}}