{"id":"F2017L00466","name":"Statement of Principles concerning immersion pulmonary oedema (Reasonable Hypothesis) (No. 34 of 2017)","slug":"statement-of-principles-concerning-immersion-pulmonary-oedema-reasonable-hypothesis-no-34-of-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439174,"registerId":"F2017L00466-fast-fetch-1775955289549","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning immersion pulmonary oedema (Reasonable Hypothesis) (No. 34 of 2017)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nIMMERSION PULMONARY OEDEMA (Reasonable Hypothesis)\n\n(No. 34 of 2017)\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 21 April 2017\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 Nicholas Saunders AO
Chairperson
|\n\n\n \n\n \n\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Application\n\n5 Definitions\n\n6 Kind of injury, disease or death to which this Statement of Principles relates\n\n7 Basis for determining the factors\n\n8 Factors that must exist\n\n9 Relationship to service\n\n10 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 immersion pulmonary oedema (Reasonable Hypothesis) (No. 34 of 2017).\n\n2 Commencement\n\n This instrument commences on 22 May 2017.\n\n3 Authority\n\nThis instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.\n\n4 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\n5 Definitions\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n6 Kind of injury, disease or death to which this Statement of Principles relates\n\n(1) This Statement of Principles is about immersion pulmonary oedema and death from immersion pulmonary oedema.\n\nMeaning of immersion pulmonary oedema\n\n(2) For the purposes of this Statement of Principles, immersion pulmonary oedema means:\n\n(a) a condition in which acute pulmonary oedema develops while swimming or diving; and\n\n(b) excludes acute pulmonary oedema attributed to pulmonary decompression sickness, acute myocardial infarction or an acute exacerbation of chronic heart failure.\n\nNote: Immersion pulmonary oedema typically presents with breathlessness, cough, haemoptysis, pink frothy sputum and hypoxaemia.\n\nDeath from immersion pulmonary oedema\n\n(3) For the purposes of this Statement of Principles, immersion pulmonary oedema, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's immersion pulmonary oedema.\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n7 Basis for determining the factors\n\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that immersion pulmonary oedema and death from immersion pulmonary oedema 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: relevant service is defined in the Schedule 1 – Dictionary.\n\n8 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 immersion pulmonary oedema or death from immersion pulmonary oedema with the circumstances of a person's relevant service:\n\n(1) undertaking swimming or underwater diving at the time of the clinical onset of immersion pulmonary oedema;\n\n(2) inability to obtain appropriate clinical management for immersion pulmonary oedema.\n\n9 Relationship to service\n\n(1) The existence in a person of any factor referred to in section 8, must be related to the relevant service rendered by the person.\n\n(2) The factor set out in subsection 8(2) applies only to material contribution to, or aggravation of, immersion pulmonary oedema where the person's immersion pulmonary oedema was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n\n10 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 8 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 5\n\n1 Definitions\n\nIn this instrument:\n\n immersion pulmonary oedema—see subsection 6(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 scope. It addresses exactly one medical condition (immersion pulmonary oedema) with a specific etiological link to swimming/diving activities. The structure follows the standard template for Repatriation Medical Authority Statements of Principles without expansion into broader policy areas."},"complexity_factors":["Short, focused instrument (approximately 1,500 words)","Only 6 defined terms in the Dictionary (immersion pulmonary oedema, MRCA, relevant service, terminal event, VEA, plus implicit self-reference)","Simple binary test structure: exactly 2 alternative factors in section 8, requiring only one to be satisfied","Single conditional limitation in section 9(2) restricting factor 8(2) to pre-existing conditions aggravated by service","Minimal cross-referencing: only refers to parent Acts (VEA and MRCA) and incorporates other Statements of Principles by reference in section 10","Clear exclusion clause in section 6(2)(b) with 3 specific alternative causes ruled out","No nested exceptions, no temporal calculations, no mathematical formulas or tables"],"plain_english_summary":"This Statement of Principles sets the medical test for awarding compensation for immersion pulmonary oedema to veterans, peacekeepers, and current or former defence members making claims under the VEA or MRCA. \n\nA claim succeeds if the condition began while the person was swimming or diving, or if lack of timely treatment (for a pre‑existing condition) prevented recovery; it excludes causes like decompression sickness, heart attack, or acute heart‑failure exacerbation. It establishes a lower \"reasonable hypothesis\" threshold for causation."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Statement defines a focused scope: it links immersion pulmonary oedema (and death from it) to 'relevant service' for claims under specified VEA and MRCA provisions and sets two minimal factual routes to raise a reasonable hypothesis. It clarifies exclusions and includes terminal events for deaths. Nothing in the instrument expands the classes of service covered; it operates within the statutory claim channels (sections 4, 6, 8, 9; Schedule)."},"complexity_factors":["Narrow, rule‑style structure with only two primary qualifying factors (section 8)","Relies on medical causation standard of a 'reasonable hypothesis'—requires clinical evidence and interpretation (section 7, section 8)","Explicit exclusions for other medical causes (pulmonary decompression sickness, acute myocardial infarction, acute exacerbation of chronic heart failure) which must be considered (section 6(2))","Cross‑references and interaction with other Statements of Principles can require consulting additional instruments (section 10)","Requires a connection between the factor(s) and the person's relevant service, introducing evidentiary link to service records and timing (section 9; Schedule)","Contains a potentially subjective factual element—'inability to obtain appropriate clinical management'—that can create evidentiary and implementation ambiguity (section 8(2))","Applies to claims under specific statutory claim routes (VEA s120A and MRCA s338), limiting but also tying it to existing administrative processes (section 4)","Includes death from IPE via terminal events, expanding claim considerations beyond non‑fatal illness (section 6(3); Schedule)","Instrument is an administrative determination by the Repatriation Medical Authority under statutory power, embedding bureaucratic discretion in application (section 3)"],"plain_english_summary":"This instrument tells decision-makers what medical facts raise a “reasonable hypothesis” that immersion pulmonary oedema (IPE) or death from IPE is connected to a veteran’s or service member’s service for claims under the VEA or MRCA. It matters to claimants because meeting one of the listed factors—clinical onset while swimming/diving, or inability to obtain appropriate clinical care—will be treated as sufficient to link the condition to relevant service, subject to defined exclusions."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-immersion-pulmonary-oedema-reasonable-hypothesis-no-34-of-2017","history":"/api/acts/statement-of-principles-concerning-immersion-pulmonary-oedema-reasonable-hypothesis-no-34-of-2017/history","analysis":"/api/acts/statement-of-principles-concerning-immersion-pulmonary-oedema-reasonable-hypothesis-no-34-of-2017/analysis","conflicts":"/api/acts/statement-of-principles-concerning-immersion-pulmonary-oedema-reasonable-hypothesis-no-34-of-2017/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-immersion-pulmonary-oedema-reasonable-hypothesis-no-34-of-2017/important-cases","documents":"/api/acts/statement-of-principles-concerning-immersion-pulmonary-oedema-reasonable-hypothesis-no-34-of-2017/documents"}}