{"id":"F2023L00504","name":"Statement of Principles concerning osteogenesis imperfecta (Balance of Probabilities) (No. 54 of 2023)","slug":"statement-of-principles-concerning-osteogenesis-imperfecta-balance-of-probabilities-no-54-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441841,"registerId":"F2023L00504-fast-fetch-1775957029613","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning osteogenesis imperfecta (Balance of Probabilities) (No. 54 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\nOSTEOGENESIS IMPERFECTA (Balance of Probabilities)\n\n(No. 54 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 osteogenesis imperfecta (Balance of Probabilities) (No. 54 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 osteogenesis imperfecta No. 36 of 2015 (Federal Register of Legislation No. F2014L01850) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 osteogenesis imperfecta and death from osteogenesis imperfecta.\n\nMeaning of osteogenesis imperfecta\n\n(2) For the purposes of this Statement of Principles, osteogenesis imperfecta means a group of genetic disorders of bone formation that typically involve low bone mass, bone fragility and an increased propensity to fracture.\n\n(3) While osteogenesis imperfecta attracts ICD‑10‑AM code Q78.0, in applying this Statement of Principles the meaning of osteogenesis imperfecta 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 osteogenesis imperfecta\n\n(5) For the purposes of this Statement of Principles, osteogenesis imperfecta, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's osteogenesis imperfecta.\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 osteogenesis imperfecta and death from osteogenesis imperfecta 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, osteogenesis imperfecta or death from osteogenesis imperfecta is connected with the circumstances of a person's relevant service:\n\n(1) inability to obtain appropriate clinical management for osteogenesis imperfecta.\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, osteogenesis imperfecta where the person's osteogenesis imperfecta 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 osteogenesis imperfecta—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 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":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2015 Statement of Principles (s4) and replaces it with a new, narrowly framed test. The current instrument limits the connecting factor to inability to obtain appropriate clinical management, clarifies inclusion of deaths where osteogenesis imperfecta contributed via a terminal event, and specifies applicability to pre‑existing or service‑present conditions and to VEA/MRCA claim types (see ss4,5,7,9–11 and Schedule 1)."},"complexity_factors":["Narrow medical definition of osteogenesis imperfecta (s7(2))","Includes death from terminal events contributed by osteogenesis imperfecta; 'terminal event' defined in Schedule 1 (s7(5); Schedule 1)","Single listed connecting factor: inability to obtain appropriate clinical management (s9(1))","Factor limited to material contribution or aggravation where osteogenesis imperfecta was suffered/contracted before or during (but did not arise out of) service (s10(2))","Requirement that any factor be related to the person's relevant service (s10(1))","Cross‑reference to other Statements of Principles where a factor refers to another injury or disease (s11)","Applies to specific claim types under the VEA and MRCA (s5)","Instrument repeals the 2015 Statement of Principles and replaces it (s4)","Finding grounded in the Repatriation Medical Authority's view of medical‑scientific evidence and decided on the balance of probabilities (s8)","Multiple statutory cross‑references and defined terms in Schedule 1 increase interpretive steps for decision‑makers (Schedule 1; ss6–7)"],"plain_english_summary":"This instrument sets the medical test used to decide whether osteogenesis imperfecta (a genetic brittle‑bone disorder) and deaths partly caused by it are connected to a person's military or defence service for veterans' compensation claims. It applies to claims under the VEA and the MRCA and replaces the earlier 2015 Statement of Principles. Mechanically, the Repatriation Medical Authority says connection can be established on the balance of probabilities where inability to obtain appropriate clinical management, linked to the person's relevant service, materially contributed to or aggravated pre‑existing or service‑present osteogenesis imperfecta."},"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":3,"scope_assessment":{"changed":false,"description":"This is a standard replacement instrument that maintains the same narrow scope as its predecessor (No. 36 of 2015). It continues to address only the specific connection between service and this genetic condition, limited to aggravation through lack of clinical management. No expansion of scope is evident."},"complexity_factors":["Very short document (approximately 1,500 words)","Only 5 defined terms in the Dictionary (MRCA, osteogenesis imperfecta, relevant service, terminal event, VEA)","Single causal factor in section 9 (inability to obtain appropriate clinical management)","Minimal cross-referencing (only to other Statements of Principles in section 11)","Straightforward conditional logic: one factor, with explicit limitation in section 10(2) that it only applies to aggravation of pre-existing condition","Clear structure following standard Repatriation Medical Authority template"],"plain_english_summary":"This Statement of Principles sets the medical rules for when osteogenesis imperfecta (a genetic, lifelong brittle-bone disorder) can be connected to military service for veterans, current and former defence members, and families claiming death benefits. It cannot be treated as caused by service; connection is only possible if service prevented appropriate medical treatment and that lack of care materially worsened the pre‑existing condition—otherwise claims are not attributable to service."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-osteogenesis-imperfecta-balance-of-probabilities-no-54-of-2023","history":"/api/acts/statement-of-principles-concerning-osteogenesis-imperfecta-balance-of-probabilities-no-54-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-osteogenesis-imperfecta-balance-of-probabilities-no-54-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-osteogenesis-imperfecta-balance-of-probabilities-no-54-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-osteogenesis-imperfecta-balance-of-probabilities-no-54-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-osteogenesis-imperfecta-balance-of-probabilities-no-54-of-2023/documents"}}