{"id":"F2023L00502","name":"Statement of Principles concerning osteogenesis imperfecta (Reasonable Hypothesis) (No. 53 of 2023)","slug":"statement-of-principles-concerning-osteogenesis-imperfecta-reasonable-hypothesis-no-53-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441843,"registerId":"F2023L00502-fast-fetch-1775957029616","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning osteogenesis imperfecta (Reasonable Hypothesis) (No. 53 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 (Reasonable Hypothesis)\n\n(No. 53 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 osteogenesis imperfecta (Reasonable Hypothesis) (No. 53 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 osteogenesis imperfecta No. 35 of 2015 (Federal Register of Legislation No. F2014L01848) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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 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\nThe Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that osteogenesis imperfecta and death from osteogenesis imperfecta 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 osteogenesis imperfecta or death from osteogenesis imperfecta 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(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 osteogenesis imperfecta—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":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument replaces the 2015 Statement of Principles on the same condition and maintains the same narrow scope. It continues to address only the specific connection between service-related lack of clinical management and aggravation of pre-existing osteogenesis imperfecta, without expanding to cover other potential service connections or broader categories of claimants."},"complexity_factors":["Short document (approximately 3 pages of substantive content)","Only 6 defined terms in the Dictionary (MRCA, osteogenesis imperfecta, relevant service, terminal event, VEA, plus recursive references)","Single operative factor in section 9 (inability to obtain appropriate clinical management)","Limited conditional logic — primarily one temporal restriction in section 10(2) limiting application to aggravation of pre-existing conditions","Standard cross-referencing to parent Acts (VEA and MRCA) but no complex internal cross-referencing between multiple parts","Straightforward structure following the standard Repatriation Medical Authority template"],"plain_english_summary":"This instrument creates a single service‑connection factor for osteogenesis imperfecta (brittle bone disease): inability to obtain appropriate clinical management during service. If existing osteogenesis imperfecta was worsened because service prevented proper care, a reasonable hypothesis linking the condition to service must be accepted.\n\nIt affects current and former ADF members, veterans and peacekeepers under the VEA and MRCA, lowering the threshold for compensation claims where lack of treatment in service aggravated a pre‑existing genetic condition."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2015 Statement and replaces it (s4). It retains OI and death from OI as the subject (s7) but lists a single minimum factor—\"inability to obtain appropriate clinical management\"—as the evidentiary basis for raising a reasonable hypothesis (s9(1)). It also limits that factor to material contribution or aggravation where OI pre‑existed or arose before/during (but not out of) service (s10(2)) and clarifies death includes specified terminal events (s7(5); Schedule 1)."},"complexity_factors":["Concise single-condition causation test (only one listed primary factor: inability to obtain appropriate clinical management) (s9(1))","Cross-reference to multiple statutes and other Statements of Principles (VEA, MRCA; relation to other Statements) increases interpretive links (ss3,5,11)","Temporal limitation on application (only where OI was suffered/contracted before or during but did not arise out of service) creates a timing-based legal threshold (s10(2))","Inclusion of death via contribution to terminal events requires medical causation linking OI to proximate causes of death (s7(5), Schedule 1)","Repeal and replacement of prior instrument requires administrators to map legacy cases to the new wording (s4)","Defined technical terms and ICD‑10‑AM reference create reliance on medical coding and expert evidence (s7(3),(4); Schedule 1)"],"plain_english_summary":"This Statement of Principles sets the medical rule used to decide whether osteogenesis imperfecta (a genetic bone‑fragility disorder) or death from it can be connected to a veteran's service for VEA/MRCA claims. It replaces the 2015 Statement and commenced 23 May 2023.\n\nIt requires at least one factor — inability to obtain appropriate clinical management — that is related to the person's relevant service (s9(1), s10). It affects veterans lodging entitlement claims and the decision makers who apply this evidentiary test."},"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-osteogenesis-imperfecta-reasonable-hypothesis-no-53-of-2023","history":"/api/acts/statement-of-principles-concerning-osteogenesis-imperfecta-reasonable-hypothesis-no-53-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-osteogenesis-imperfecta-reasonable-hypothesis-no-53-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-osteogenesis-imperfecta-reasonable-hypothesis-no-53-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-osteogenesis-imperfecta-reasonable-hypothesis-no-53-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-osteogenesis-imperfecta-reasonable-hypothesis-no-53-of-2023/documents"}}