{"id":"F2023L00478","name":"Statement of Principles concerning multiple osteochondromatosis (Reasonable Hypothesis) (No. 43 of 2023)","slug":"statement-of-principles-concerning-multiple-osteochondromatosis-reasonable-hypothesis-no-43-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441825,"registerId":"F2023L00478-fast-fetch-1775957020998","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning multiple osteochondromatosis (Reasonable Hypothesis) (No. 43 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 (Reasonable Hypothesis)\n\n(No. 43 of 2023)\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 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 (Reasonable Hypothesis) (No. 43 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(2) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning multiple osteochondromatosis No. 43 of 2015 (Federal Register of Legislation No. F2015L00008) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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 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\nThe Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that multiple osteochondromatosis and death from multiple osteochondromatosis 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 multiple osteochondromatosis or death from multiple osteochondromatosis 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(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 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) 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":"This is a straightforward reissue/replacement of the 2015 Statement of Principles concerning the same condition. The scope remains tightly focused on establishing the single reasonable hypothesis factor for multiple osteochondromatosis in the veterans' compensation context. No expansion beyond the original purpose of determining service connection for this specific genetic disorder."},"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 — primarily refers to parent legislation (VEA and MRCA) and one repealed instrument","Clear structure with numbered sections and plain headings","Medical definition provided in-line with exclusion clauses (synovial osteochondromatosis and enchondromatosis excluded)","One conditional limitation in section 10(2) restricting the factor to aggravation of pre-existing conditions only"],"plain_english_summary":"This instrument sets a Statement of Principles to determine when multiple osteochondromatosis — a congenital bone‑tumour disorder — can be linked to Australian military service for compensation, replacing the 2015 version. It affects veterans and current/former defence members who served in operational, peacekeeping, hazardous, nuclear test, warlike or non‑warlike contexts.\n\nIt creates a narrow test: compensation is possible only if service prevented appropriate medical treatment for a condition that already existed, thereby worsening or impeding its management."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2015 Statement (s4) and reissues a Statement that: (a) defines multiple osteochondromatosis and excludes related conditions (s7(2)); (b) expressly includes death where the condition contributed to a terminal event (s7(5)); and (c) limits the qualifying ground to inability to obtain appropriate clinical management and clarifies its application to pre‑existing conditions (s9; s10(2)). It therefore updates the operative textual scope and the criteria applied to VEA/MRCA claims (s5), and relies on other Statements where cross‑referenced (s11)."},"complexity_factors":["Cross-reference to entitlement regimes (application to claims under VEA s120A and MRCA s338) — see s5","Defined technical terms concentrated in Schedule 1 (e.g. relevant service, terminal event, multiple osteochondromatosis) — see s6 and Schedule 1","Single statutory qualifying factor framed as a \"reasonable hypothesis\" standard (medical-scientific threshold) — see ss8–9","Constraint on temporal relationship for aggravation/material contribution (condition pre‑existing or pre‑contracted but not arising out of service) — see s10(2)","Inclusion of death via contribution to a terminal event with a list of examples, creating linkage rules for mortality claims — see s7(5) and Schedule 1","Repeal and replacement of a prior Statement of Principles, creating potential change-management for existing claims — see s4","Interaction with other Statements of Principles where a factor refers to another injury/disease (incorporation by reference creates dependency) — see s11","Reference to an external coding standard (ICD‑10‑AM) for condition identification — see s7(3)–(4)"],"plain_english_summary":"This instrument sets the medical test the Repatriation Medical Authority uses to decide when multiple osteochondromatosis (a hereditary condition causing multiple benign bone tumours) or death from it can be linked to a person’s military service for VEA/MRCA claims. It identifies one qualifying circumstance — inability to obtain appropriate clinical management — and explains how that circumstance must relate to the person’s relevant service. It affects veterans, peacekeepers and service members seeking entitlements under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-multiple-osteochondromatosis-reasonable-hypothesis-no-43-of-2023","history":"/api/acts/statement-of-principles-concerning-multiple-osteochondromatosis-reasonable-hypothesis-no-43-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-multiple-osteochondromatosis-reasonable-hypothesis-no-43-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-multiple-osteochondromatosis-reasonable-hypothesis-no-43-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-multiple-osteochondromatosis-reasonable-hypothesis-no-43-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-multiple-osteochondromatosis-reasonable-hypothesis-no-43-of-2023/documents"}}