{"id":"F2026L00141","name":"Statement of Principles concerning malignant neoplasm of the brain (Reasonable Hypothesis) (No. 17 of 2026)","slug":"statement-of-principles-concerning-malignant-neoplasm-of-the-brain-reasonable-hypothesis-no-17-of-20","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443150,"registerId":"F2026L00141-fast-fetch-1775958063995","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning malignant neoplasm of the brain (Reasonable Hypothesis) (No. 17 of 2026)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![RMA Australian Government Coat of Arms](image.001.jpeg)\n\n \n\nStatement of Principles\n\nconcerning\n\nMALIGNANT NEOPLASM OF THE BRAIN  (Reasonable Hypothesis)\n\n(No. 17 of 2026)\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    20 February 2026\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nProfessor Terence Campbell AM\n\nChairperson\n\nby and on behalf of\n\nThe Repatriation Medical Authority\n\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\n\n\n1.                Name\n\n\nThis is the Statement of Principles concerning malignant neoplasm of the brain (Reasonable Hypothesis) (No. 17 of 2026).\n\n1.                Commencement\n\n\n              This instrument commences on 23 March 2026.\n\n1.                Authority\n\n\nThis instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.\n\n1.                Repeal\n\n\nThe Statement of Principles concerning malignant neoplasm of the brain   (Reasonable Hypothesis) (No. 85 of 2016) (Federal Register of Legislation No. F2016L01692) made under subsection 196B(2) of the VEA is repealed.\n\n1.                Application\n\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\n1.                Definitions\n\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n1.                Kind of injury, disease or death to which this Statement of Principles relates\n  1.           This Statement of Principles is about malignant neoplasm of the brain   and death from malignant neoplasm of the brain.\n\n\nMeaning of malignant neoplasm of the brain\n\n1.           For the purposes of this Statement of Principles, malignant neoplasm of the brain means:\n  1.           a primary malignant neoplasm arising from the cells of the brain; and\n  2.           includes malignant neuroepithelial tumour and germ cell tumour; and\n  3.           excludes nerve sheath tumour, soft tissue sarcoma, any central nervous system lymphoma (Hodgkin's lymphoma or non-Hodgkin's lymphoma), carcinoid tumour, neoplasm of the pituitary gland, cerebral meningioma, acoustic neuroma, choroid plexus papilloma, craniopharyngioma, dysembryoplastic neuroepithelial tumour, gangliocytoma, hemangioblastoma, hemangiopericytoma, meningioma, neurofibroma, pituitary adenoma, schwannoma, soft tissue sarcoma of the brain.\n\n\nNote: neuroepithelial tumour is defined in the Schedule 1 – Dictionary.\n\n1.           While malignant neoplasm of the brain attracts ICD‑10‑AM code C71, in applying this Statement of Principles the meaning of malignant neoplasm of the brain is that given in subsection (2).\n2.           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\n\nDeath from malignant neoplasm of the brain\n\n1.           For the purposes of this Statement of Principles, malignant neoplasm of the brain, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's malignant neoplasm of the brain.\n\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n1.                Basis for determining the factors\n\n\nThe Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that malignant neoplasm of the brain and death from malignant neoplasm of the brain 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\n1.                Factors that must exist\n\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 malignant neoplasm of the brain or death from malignant neoplasm of the brain with the circumstances of a person's relevant service:\n\n1.           having a moderate to severe traumatic brain injury at least 5 years before clinical onset;\n2.           having Parkinson's disease before clinical onset;\n3.           having received a cumulative equivalent dose of at least 0.1 sievert of ionising radiation to the brain at least 2 years before clinical onset;\n\n\nNote: cumulative equivalent dose is defined in the Schedule 1 - Dictionary\n\n \n\n1.           receiving a cumulative exposure to benzene greater than 500 ppm-years, where that exposure was accumulated over a continuous 5-year period, and where the first exposure occurred at least 5 years before clinical onset;\n\n\nNote: ppm-years means parts per million multiplied by years of exposure\n\nFor example, a worker exposed to an average of 2 parts per million (ppm) of benzene over a period of 10 years would have a cumulative exposure of 20 ppm-years. Similarly, a worker exposed to 1 ppm over 20 years would also have a cumulative exposure of 20 ppm-years.\n\n1.           inability to obtain appropriate clinical management for malignant neoplasm of the brain before clinical worsening.\n\n\n1.            Relationship to service\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  2.           The factor set out in section 9 applies only to material contribution to, or aggravation of, malignant neoplasm of the brain where the person's malignant neoplasm of the brain was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n2.            Factors referring to an injury or disease covered by another Statement of Principles\n\n\nIn this Statement of Principles:\n\n1.           if a factor referred to in section 9 applies in relation to a person; and\n2.           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\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                                cumulative equivalent dose means the total dose of ionising radiation received by the particular organ or tissue from external exposure, internal exposure or both, apart from normal background radiation exposure in Australia, calculated in accordance with the methodology set out in Guide to calculation of 'cumulative equivalent dose' for the purpose of applying ionising radiation factors contained in Statements of Principles determined under Part XIA of the Veterans' Entitlements Act 1986 (Cth), Australian Radiation Protection and Nuclear Safety Agency, as in force on 2 August 2017.\n\nNote 1: examples of circumstances that might lead to exposure to ionising radiation include being present during or subsequent to the testing or use of nuclear weapons, undergoing diagnostic or therapeutic medical procedures involving ionising radiation, and being a member of an aircrew, leading to increased levels of exposure to cosmic radiation.\n\nNote 2: for the purpose of dose reconstruction, dose is calculated as an average over the mass of a specific tissue or organ. If a tissue is exposed to multiple sources of ionising radiation, the various dose estimates for each type of radiation must be combined.\n\n                               malignant neoplasm of the brain—see subsection 7(2).\n\n                               MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n                               neuroepithelial tumour means a tumour originating from neuroepithelial tissue and includes any of the following:\n\n(a)          choroid plexus tumours;\n\n(b)          diffuse astrocytic and oligodendroglial tumours (including astrocytoma, glioblastoma multiforme);\n\n(c)          embryonal tumours;\n\n(d)          ependymal tumours;\n\n(e)          neuronal and mixed neuronal-glial tumours;\n\n(f)           other astrocytic tumours;\n\n(g)          other gliomas; or\n\n(h)          tumours of the pineal region.\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 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":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a standard periodic update (repealing No. 85 of 2016) maintaining the same scope: establishing medical connection factors for brain cancer claims under veterans' compensation law. The structure and purpose remain consistent with the original legislative scheme under Part XIA of the VEA."},"complexity_factors":["Multiple defined terms in Schedule 1 (8 explicit definitions including technical medical/radiation terms)","Nested definitions (definition of 'malignant neoplasm of the brain' contains 13 specific inclusions/exclusions)","Cross-references to external calculation methodologies (ARPANSA Guide to calculation of cumulative equivalent dose, 2017)","Technical measurement requirements (sieverts, ppm-years) with specific calculation examples","Conditional timing requirements (5-year gaps, 2-year gaps, continuous 5-year accumulation periods)","Dual statutory framework application (VEA and MRCA with different service categories)","Section 11 creates dynamic incorporation of other Statements of Principles by reference"],"plain_english_summary":"This instrument sets the medical criteria for accepting brain cancer claims by veterans and current or former defence members under Australian veterans’ law. It identifies a short list of service‑related medical or exposure factors (including prior significant traumatic brain injury, Parkinson’s, substantial brain radiation or benzene exposure, and delayed treatment) that create a “reasonable hypothesis” of service connection. It excludes many other brain tumour types and makes the standard deliberately claimant‑friendly."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2016 Statement (No. 85 of 2016) and replaces it with the 2026 Statement, thereby making the 2026 provisions the operative test. The 2026 Statement defines covered conditions and exclusions, sets the qualifying factors and numeric thresholds (traumatic brain injury, Parkinson’s disease, cumulative equivalent radiation ≥0.1 Sv, benzene >500 ppm‑years over a continuous 5‑year period, inability to obtain appropriate clinical management), and applies to claims under section 120A of the VEA and section 338 of the MRCA. The text alone does not provide a point‑by‑point comparison to the prior instrument, so the nature and extent of substantive differences from the 2016 instrument cannot be determined from this document alone."},"complexity_factors":["Technical medical taxonomy and exclusions (detailed tumour categories and a long exclusion list)","Quantitative exposure thresholds and latency periods (e.g. ≥0.1 sievert, >500 ppm‑years, 2–5 year minimums)","Reliance on external dose-reconstruction methodology (Guide to calculation dated 2017) for applying radiation factors","Cross-references to other legislation (VEA and MRCA) and other Statements of Principles (interaction rules in section 11)","Legal causation standard: 'reasonable hypothesis' and requirement that factors be related to 'relevant service' and may only materially contribute or aggravate","Definitions of compound technical terms (cumulative equivalent dose, ppm‑years, terminal event) located in the Schedule","Evidentiary and timing complexities for proving exposures (continuous 5‑year benzene accumulation, combined radiation sources)","Replaces a prior 2016 instrument (requires attention to transitional/precedent differences)"],"plain_english_summary":"This Statement of Principles sets the medical criteria the Repatriation Medical Authority uses to decide when a malignant brain tumour (certain primary neuroepithelial and germ cell tumours, with a specific list of exclusions) can be reasonably linked to a veteran’s or service member’s relevant service for VEA or MRCA claims. It lists specific qualifying factors (for example, prior moderate–severe traumatic brain injury, Parkinson’s disease, defined radiation or benzene exposures, or lack of appropriate clinical management) with timing and dose thresholds that determine whether service connection may be accepted."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-brain-reasonable-hypothesis-no-17-of-20","history":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-brain-reasonable-hypothesis-no-17-of-20/history","analysis":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-brain-reasonable-hypothesis-no-17-of-20/analysis","conflicts":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-brain-reasonable-hypothesis-no-17-of-20/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-brain-reasonable-hypothesis-no-17-of-20/important-cases","documents":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-brain-reasonable-hypothesis-no-17-of-20/documents"}}