{"id":"F2017L00885","name":"Statement of Principles concerning labral tear (Reasonable Hypothesis) (No. 36 of 2017)","slug":"statement-of-principles-concerning-labral-tear-reasonable-hypothesis-no-36-of-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439255,"registerId":"F2017L00885-fast-fetch-1775955349338","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning labral tear (Reasonable Hypothesis) (No. 36 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\nLABRAL TEAR (Reasonable Hypothesis)\n\n(No. 36 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 30 June 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 Revocation\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 labral tear (Reasonable Hypothesis) (No. 36 of 2017).\n\n2 Commencement\n\n This instrument commences on 31 July 2017.\n\n3 Authority\n\nThis instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.\n\n4 Revocation\n\nThe Statement of Principles concerning labral tear No. 94 of 2010 made under subsection 196B(2) of the VEA is revoked.\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 labral tear and death from labral tear.\n\nMeaning of labral tear\n\n(2) For the purposes of this Statement of Principles, labral tear means:\n\n(a) an injury involving tearing of the fibrocartilaginous rim of the hip or shoulder joint resulting in local pain and tenderness, with or without accompanying symptoms and signs of popping, clicking, catching, instability or reduced range of motion; and\n\n(b) excludes degenerative tears of the labrum associated with osteoarthritis of the relevant joint, and acetabular labral tears associated with femoroacetabular impingement syndrome.\n\nDeath from labral tear\n\n(3) For the purposes of this Statement of Principles, labral tear, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's labral tear.\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 labral tear and death from labral tear 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\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 labral tear or death from labral tear with the circumstances of a person's relevant service:\n\n(1) having a significant physical force applied to or through the affected shoulder joint or the affected hip joint at the time of the clinical onset of labral tear;\n\n(2) performing forceful and repetitive motions of the affected shoulder joint or the affected hip joint, involving extremes of the normal range of motion, for at least four hours per week for the one month before the clinical onset of labral tear;\n\nNote 1: Examples of activities involving forceful and repetitive motions of the shoulder at extremes of the normal range of motion may include swimming, basketball, football, line or rope handling, rope ladder climbing, loading ammunition, physical employment standards training and participating in obstacle courses, infantry minor tactics courses and high rope courses. \n\nNote 2: Examples of activities involving forceful and repetitive motions of the hip at extremes of the normal range of motion may include golf, hockey, rowing, running, physical employment standards training and participating in obstacle courses and infantry minor tactics courses.\n\n(3) for labral tear of the hip joint only, being in the third trimester of pregnancy within the one week before the clinical onset of labral tear;\n\n(4) inability to obtain appropriate clinical management for labral tear.\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, labral tear where the person's labral tear 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 labral tear—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\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument expressly revokes the earlier Statement of Principles No. 94 of 2010 (s4) and replaces it. It clarifies and narrows scope by excluding degenerative and femoroacetabular impingement-related tears (s7(2)(b)), specifying discrete causal factors including a quantified repetitive‑motion threshold and third‑trimester pregnancy for hip tears (s9(2)–(3)), and limiting the \"inability to obtain appropriate clinical management\" factor to material contribution or aggravation of pre‑existing conditions (s10(2)). It applies to claims under the VEA (s120A) and MRCA (s338) (s5)."},"complexity_factors":["Specialised medical definitions and exclusions (labral tear defined; degenerative and femoroacetabular impingement-related tears excluded) (s7(2)(b)).","Discrete list of causal factors with quantitative and temporal thresholds (e.g. 4 hours/week for one month for repetitive motions) (s9(2)).","Use of a legal evidentiary threshold—raising a \"reasonable hypothesis\"—that connects medical factors to service (s9 heading, s8).","Requirement that any listed factor be related to the person’s relevant service as defined under VEA/MRCA (s10(1); Schedule 1 definition of relevant service).","A narrowly‑phrased management factor whose application is limited to pre‑existing injuries and aggravation scenarios (s9(4); s10(2)).","Cross‑references to other Statements of Principles where overlapping injuries/diseases are involved, creating potential interaction effects (s11).","Inclusion of death from labral tear and reliance on the Schedule definition of \"terminal event\", adding medico‑legal linkage to causes of death (s7(3); Schedule 1).","Revocation of an earlier Statement (No. 94 of 2010) and replacement mechanics which may alter claim outcomes by changed wording (s4).","Application scope limited to statutory claim pathways under the VEA and MRCA (s5), requiring familiarity with those Acts for claim processing."],"plain_english_summary":"This instrument sets out the medical criteria the Repatriation Medical Authority uses to decide when a hip or shoulder labral tear (or death contributed to by one) can be reasonably connected to a person’s relevant service. It defines the injury, excludes degenerative and certain impingement-related tears, and lists specific causal factors (for example, significant physical force, quantified repetitive shoulder/hip work, third‑trimester pregnancy for hip, or lack of appropriate clinical management). It applies to veterans and service members claiming entitlements under the VEA and MRCA."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument maintains the standard scope of Repatriation Medical Authority Statements of Principles. It replaces the 2010 version (No. 94 of 2010) with updated medical criteria but does not expand beyond the established purpose of determining service connection for specific injuries under veterans' compensation legislation."},"complexity_factors":["Multiple cross-references to other Acts (VEA and MRCA) without full context provided","Conditional logic in section 9(4) limiting its application to pre-existing conditions aggravated during service","Specific temporal requirements ('at least four hours per week for the one month', 'within the one week before')","Exclusions in the definition that require medical knowledge (osteoarthritis, femoroacetabular impingement syndrome)","Nested definitions requiring navigation between main text and Schedule 1","Dual applicability across two different compensation schemes (VEA and MRCA) with different service categories"],"plain_english_summary":"This rulebook sets the medical test for when Australian veterans and defence personnel can get compensation for a labral tear (shoulder or hip). It requires at least one qualifying service link — sudden trauma, forceful repetitive activity, late-pregnancy (hip only), or inability to access care for a pre‑existing condition — and excludes degenerative/arthritis tears and hip tears from femoroacetabular impingement. Replacing a 2010 version, it narrows the acceptable evidence and clarifies when injuries count as service-related."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-labral-tear-reasonable-hypothesis-no-36-of-2017","history":"/api/acts/statement-of-principles-concerning-labral-tear-reasonable-hypothesis-no-36-of-2017/history","analysis":"/api/acts/statement-of-principles-concerning-labral-tear-reasonable-hypothesis-no-36-of-2017/analysis","conflicts":"/api/acts/statement-of-principles-concerning-labral-tear-reasonable-hypothesis-no-36-of-2017/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-labral-tear-reasonable-hypothesis-no-36-of-2017/important-cases","documents":"/api/acts/statement-of-principles-concerning-labral-tear-reasonable-hypothesis-no-36-of-2017/documents"}}