{"id":"F2023L00479","name":"Statement of Principles concerning multiple osteochondromatosis (Balance of Probabilities) (No. 44 of 2023)","slug":"statement-of-principles-concerning-multiple-osteochondromatosis-balance-of-probabilities-no-44-of-20","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441824,"registerId":"F2023L00479-fast-fetch-1775957020996","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning multiple osteochondromatosis (Balance of Probabilities) (No. 44 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\nMULTIPLE OSTEOCHONDROMATOSIS (Balance of Probabilities)\n\n(No. 44 of 2023)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) 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:
|\n| --- |\n|
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 multiple osteochondromatosis (Balance of Probabilities) (No. 44 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(3) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning multiple osteochondromatosis No. 44 of 2015 (Federal Register of Legislation No. F2015L00009) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 multiple osteochondromatosis and death from multiple osteochondromatosis.\n\nMeaning of multiple osteochondromatosis\n\n(2) For the purposes of this Statement of Principles, multiple osteochondromatosis:\n\n(a) means a genetic disorder of bone growth which typically involves the presence of multiple, benign cartilage-capped bone tumours (osteochondromas or exostoses) that grow outward from the metaphyses of long bones; and\n\n(b) excludes synovial osteochondromatosis and enchondromatosis.\n\n(3) While multiple osteochondromatosis attracts ICD‑10‑AM code Q78.6, in applying this Statement of Principles the meaning of multiple osteochondromatosis 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 multiple osteochondromatosis\n\n(5) For the purposes of this Statement of Principles, multiple osteochondromatosis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's multiple osteochondromatosis.\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n8 Basis for determining the factors\n\nOn the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that multiple osteochondromatosis and death from multiple osteochondromatosis can be related to relevant service rendered by veterans 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 exist before it can be said that, on the balance of probabilities, multiple osteochondromatosis or death from multiple osteochondromatosis is connected with the circumstances of a person's relevant service:\n\n(1) inability to obtain appropriate clinical management for multiple osteochondromatosis.\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, multiple osteochondromatosis where the person's multiple osteochondromatosis 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(3) 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 MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n multiple osteochondromatosis—see subsection 7(2).\n\n relevant service means:\n\n(a) eligible war service (other than operational service) under the VEA;\n\n(b) defence service (other than hazardous service and British nuclear test defence service) under the VEA; or\n\n(c) peacetime 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 legislation maintains its original narrow scope. It continues to address only the specific genetic condition of multiple osteochondromatosis and retains the single compensable factor (inability to obtain clinical management) that was present in the 2015 version it replaces. The instrument is a straightforward reissue/update rather than an expansion of coverage."},"complexity_factors":["Short document (approximately 1,500 words)","Only 5 defined terms in the Dictionary (MRCA, multiple osteochondromatosis, relevant service, terminal event, VEA)","Single causal factor in section 9 (inability to obtain appropriate clinical management)","Limited cross-referencing — only refers back to the parent Acts (VEA and MRCA) and one repealed instrument","Straightforward conditional logic in section 10(2) limiting the factor to pre-existing conditions","No nested exceptions or complex temporal requirements beyond the pre-existing condition limitation"],"plain_english_summary":"This Statement of Principles sets the medical test for linking multiple osteochondromatosis — a rare, genetic bone disorder — to Australian military service, replacing the 2015 version. It applies to veterans and current/former defence members claiming under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004 who had relevant service, and uses the “balance of probabilities” standard.\n\nIt creates a very narrow path to compensation: because the condition is genetic, service counts only if it prevented appropriate clinical management of a pre‑existing condition."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2015 Statement of Principles (s4) and re‑issues a new Statement that applies to claims under the VEA and MRCA (s5). The active scope is limited to the statutory definition of multiple osteochondromatosis and death from it (s7), with entitlement linkage hinging on inability to obtain appropriate clinical management (s9)."},"complexity_factors":["Narrow medical focus: concerns a single defined condition (multiple osteochondromatosis) and death from that condition (s7).","Statutory cross‑references: ties into two different Acts and claim pathways (VEA s120B; MRCA s339) via application clause (s5).","Replacement of prior instrument: repeals the 2015 Statement and reissues rules (s4), requiring attention to any practical changes from the earlier text.","Single qualifying factor: only one factual pathway ('inability to obtain appropriate clinical management') is listed as sufficient (s9(1)), which concentrates evidentiary focus but may raise contested factual inquiries about access to care.","Interaction with other Statements of Principles: factors may refer to injuries/diseases covered elsewhere and must be read with those Statements (s11).","Medical coding note: references ICD‑10‑AM code but adopts its own statutory definition for application (s7(3)–(4)), requiring practitioners to reconcile clinical coding with statutory meaning.","Temporal limitation on aggravation claims: the management factor applies only where the condition pre‑existed or was suffered during but not caused by service (s10(2)), creating an evidentiary distinction about timing."],"plain_english_summary":"Replaces the earlier Statement and sets the legal rules for linking multiple osteochondromatosis to veterans' or defence service for claims under the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act. It takes effect 23 May 2023.\n\nIt defines multiple osteochondromatosis (a genetic bone‑growth disorder), includes death caused by the condition, and identifies inability to obtain appropriate clinical management as the qualifying factor that can establish, on the balance of probabilities, a service connection."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-multiple-osteochondromatosis-balance-of-probabilities-no-44-of-20","history":"/api/acts/statement-of-principles-concerning-multiple-osteochondromatosis-balance-of-probabilities-no-44-of-20/history","analysis":"/api/acts/statement-of-principles-concerning-multiple-osteochondromatosis-balance-of-probabilities-no-44-of-20/analysis","conflicts":"/api/acts/statement-of-principles-concerning-multiple-osteochondromatosis-balance-of-probabilities-no-44-of-20/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-multiple-osteochondromatosis-balance-of-probabilities-no-44-of-20/important-cases","documents":"/api/acts/statement-of-principles-concerning-multiple-osteochondromatosis-balance-of-probabilities-no-44-of-20/documents"}}