{"id":"F2024L00739","name":"Statement of Principles concerning mesothelioma (Reasonable Hypothesis) (No. 41 of 2024)","slug":"statement-of-principles-concerning-mesothelioma-reasonable-hypothesis-no-41-of-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442437,"registerId":"F2024L00739-fast-fetch-1775957447059","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning mesothelioma (Reasonable Hypothesis) (No. 41 of 2024)","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\nMESOTHELIOMA  (Reasonable Hypothesis)\n\n(No. 41 of 2024)\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 June 2024.\n\n \n\n \n\n \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\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 mesothelioma (Reasonable Hypothesis) (No. 41 of 2024).\n\n2               Commencement\n\n              This instrument commences on 23 July 2024.\n\n3               Authority\n\nThis instrument is made under subsection 196B(2) and (8) of the Veterans' Entitlements Act 1986.\n\n4               Repeal\n\nThe Statement of Principles concerning mesothelioma No. 104 of 2015 (Federal Register of Legislation No. F2015L01319) made under subsections 196B(2) and (8) of the VEA is repealed.\n\n5               Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and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 mesothelioma and death from mesothelioma.\n\nMeaning of mesothelioma\n\n(2)          For the purposes of this Statement of Principles, mesothelioma:\n\n(a)          means a primary malignant neoplasm of the mesothelial cells that are located in the visceral and parietal mesothelium of the pleura, pericardium, peritoneum and tunica vaginalis testis; and\n\n(b)          excludes soft tissue sarcoma, carcinoid tumour, non-Hodgkin lymphoma and Hodgkin lymphoma.\n\n(3)          While mesothelioma attracts ICD‑10‑AM code C45, in applying this Statement of Principles the meaning of mesothelioma 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 mesothelioma\n\n(5)          For the purposes of this Statement of Principles, mesothelioma, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's mesothelioma.\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 mesothelioma and death from mesothelioma 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 mesothelioma or death from mesothelioma with the circumstances of a person's relevant service:\n\n(1)          inhaling asbestos fibres:\n\n(a)          at the time material containing asbestos fibres was being applied, removed, dislodged, cut or drilled; and\n\n(b)          the first inhalation of asbestos fibres occurred at least 10 years, before clinical onset;\n\n(2)          having asbestosis at the time of clinical onset;\n\n(3)          inhaling talc contaminated with asbestos fibres at a concentration of at least 5 weight percent, at least 20 years before clinical onset;\n\n(4)          inhaling fluoro-edenite fibres at a concentration of at least 1.76 fibres per litre on more days than not for at least 5 years, at  least 20 years before clinical onset of pleural or peritoneal mesothelioma;\n\nNote: fluoro-edenite is defined in the Schedule 1 - Dictionary.\n\n(5)          inhaling erionite fibres at a concentration of at least 0.3 fibres/cm3, on more days than not for at least 5 years, at least 20 years before clinical onset;\n\nNote: erionite is defined in the Schedule 1 - Dictionary.\n\n(6)          having received a cumulative equivalent dose of at least 0.1 sievert of ionising radiation to the affected region at least 5 years before clinical onset;\n\nNote: cumulative equivalent dose is defined in the Schedule 1 – Dictionary.\n\n(7)          having received ablative radiotherapy for the treatment of cancer at least 5 years before clinical onset, with the mesothelioma occurring within the original field of radiation;\n\n(8)          firefighting for a cumulative period of at least 1,000 hours before the clinical onset of mesothelioma, where the firefighting commenced at least 10 years before clinical onset;\n\nNote: firefighting is defined in the Schedule 1 – Dictionary.\n\n(9)          having a ventriculo-peritoneal shunt for the treatment of hydrocephalus, at least 20 years before the clinical onset of peritoneal mesothelioma;\n\n(10)      inability to obtain appropriate clinical management for mesothelioma before clinical worsening.\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(10) applies only to material contribution to, or aggravation of, mesothelioma where the person's mesothelioma 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                               cumulative equivalent dose means the total dose of ionising radiation received by the particular organ or tissue. The formula used to calculate the cumulative equivalent dose allows doses from multiple types of ionising radiation to be combined, by accounting for their differing biological effect. The unit of equivalent dose is the sievert. For the purposes of this Statement of Principles, the calculation of cumulative equivalent dose excludes doses received from normal background radiation, but includes therapeutic radiation, diagnostic radiation, cosmic radiation at high altitude, radiation from occupation-related sources and radiation from nuclear explosions or accidents. \n\n                               erionite means a naturally occurring fibrous mineral that belongs to a group of minerals called zeolites. Erionite is not classed as asbestos, but it can grow as long thin fibres that are morphologically similar to asbestos (asbestiform).\n\nNote: Whilst erionite can be found in many parts of the world, thus far confirmed cases of mesothelioma caused by its inhalation have been restricted to Turkey, Greece, Cyprus, and Mexico.\n\n                               firefighting means being involved in the direct combat of fires, including activities to control, extinguish, mop-up or prevent fires, or participating in training activities involving fires.\n\n                               fluoro-edenite means a naturally occurring fibrous mineral that belongs to a group of minerals called amphiboles.\n\nNote: Whilst fluoro-edenite can be found in many parts of the world, thus far confirmed cases of mesothelioma caused by its inhalation have been restricted to Sicily.\n\n                               mesothelioma—see subsection 7(2).\n\nMRCA 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 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":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original purpose as a medical determination instrument for a specific disease. While it updates scientific evidence (adding newer risk factors like fluoro-edenite and erionite fibres, and refining firefighting criteria), it remains within the established framework of Repatriation Medical Authority Statements of Principles. The scope has not expanded beyond determining causal connections between mesothelioma and military service for compensation purposes."},"complexity_factors":["Moderate cross-referencing between the Veterans' Entitlements Act 1986 and Military Rehabilitation and Compensation Act 2004","10 distinct causal factors with varying latency periods (5, 10, or 20 years depending on the factor)","Specific quantitative thresholds for exposure (e.g., 5 weight percent talc, 1.76 fibres per litre fluoro-edenite, 0.3 fibres/cm³ erionite, 0.1 sievert radiation, 1,000 hours firefighting)","8 defined terms in Schedule 1, including technical medical and scientific definitions (e.g., cumulative equivalent dose calculation excluding background radiation)","Conditional application of factor 9(10) restricted to clinical worsening scenarios only","Incorporation by reference of ICD-10-AM Tenth Edition coding system","Nested definitions (e.g., 'relevant service' includes 6 sub-categories across two different Acts)"],"plain_english_summary":"This instrument updates the medical criteria for mesothelioma claims under Australian veterans' law, replacing the 2015 version. It sets the evidence needed to meet the \"reasonable hypothesis\" standard and identifies 10 specific risk factors that, if linked to service, allow compensation.\n\nIt affects current and former ADF members, veterans and peacekeepers covered by the VEA or MRCA, and families claiming death benefits—important because mesothelioma is usually fatal and can arise decades after exposure."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2015 Statement of Principles and replaces it with updated criteria. The substantive statutory scope remains mesothelioma and death from mesothelioma for claims under the VEA and MRCA, but the specific medical factors, numerical thresholds, and technical definitions used to establish a \"reasonable hypothesis\" linking disease to relevant service have been revised, changing how entitlement decisions will be made and what evidence claimants must provide."},"complexity_factors":["Technical medical and scientific thresholds (latency periods, minimum concentrations, sievert dose) that require expert interpretation","Multiple exposure agents and modalities (asbestos, contaminated talc, erionite, fluoro‑edenite, ionising radiation, firefighting, surgical shunts)","Quantitative concentration units and measurement standards (weight percent, fibres per litre, fibres/cm3, sieverts)","Definition and calculation of cumulative equivalent radiation dose with included/excluded sources","Cross‑reference to other Statements of Principles for overlapping injuries/diseases","Legal standard of proof framed as a \"reasonable hypothesis\" linking factor(s) to relevant service","Temporal rules tying exposures to clinical onset (varied minimum years for different factors)","Repeal and replacement of a prior instrument, requiring administrative transition and potential changes to existing claims"],"plain_english_summary":"This instrument sets the medical criteria the Repatriation Medical Authority will use to decide whether mesothelioma (or death from it) can reasonably be connected to a veteran’s service for claims under the VEA or MRCA. It replaces the 2015 Statement of Principles and commences 23 July 2024.\n\nIt specifies required types of exposure, minimum latency and dose thresholds, and technical definitions (for example asbestos, erionite, fluoro‑edenite, and cumulative radiation dose) that must be met to raise a reasonable hypothesis — criteria that determine entitlement decisions and the evidentiary burden on claimants."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-mesothelioma-reasonable-hypothesis-no-41-of-2024","history":"/api/acts/statement-of-principles-concerning-mesothelioma-reasonable-hypothesis-no-41-of-2024/history","analysis":"/api/acts/statement-of-principles-concerning-mesothelioma-reasonable-hypothesis-no-41-of-2024/analysis","conflicts":"/api/acts/statement-of-principles-concerning-mesothelioma-reasonable-hypothesis-no-41-of-2024/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-mesothelioma-reasonable-hypothesis-no-41-of-2024/important-cases","documents":"/api/acts/statement-of-principles-concerning-mesothelioma-reasonable-hypothesis-no-41-of-2024/documents"}}