{"id":"F2022L00279","name":"Statement of Principles concerning periodontal abscess (Reasonable Hypothesis) (No. 25 of 2022)","slug":"statement-of-principles-concerning-periodontal-abscess-reasonable-hypothesis-no-25-of-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441264,"registerId":"F2022L00279-fast-fetch-1775956619574","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning periodontal abscess (Reasonable Hypothesis) (No. 25 of 2022)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nPERIODONTAL ABSCESS (Reasonable Hypothesis)\n\n(No. 25 of 2022)\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 4 March 2022\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:
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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 periodontal abscess (Reasonable Hypothesis) (No. 25 of 2022).\n\n2 Commencement\n\n This instrument commences on 4 April 2022.\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 periodontal abscess No. 49 of 2013 (Federal Register of Legislation No. F2013L01125) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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 periodontal abscess and death from periodontal abscess.\n\nMeaning of periodontal abscess\n\n(2) For the purposes of this Statement of Principles, periodontal abscess:\n\n(a) means a localised collection of pus within the periodontal tissue, adjacent to a periodontal pocket, that is associated with destruction of the bony and ligamentous tissues supporting the teeth; and\n\n(b) excludes:\n\n(i) combined periodontic-endodontic lesions;\n\n(ii) gingival abscess;\n\n(iii) periapical abscess;\n\n(iv) periapical periodontitis; and\n\n(v) pericoronal abscess.\n\nNote 1: The clinical manifestations of a periodontal abscess include gum pain, gum tenderness, tooth sensitivity and tooth mobility. An ovoid elevation in the gum along the lateral aspect of a tooth root is typical. Patients can be asymptomatic.\n\nNote 2: Extra-oral symptoms are uncommon, but can include facial swelling, fever, malaise and swelling of regional lymph nodes.\n\nDeath from periodontal abscess\n\n(3) For the purposes of this Statement of Principles, periodontal abscess, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's periodontal abscess.\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 periodontal abscess and death from periodontal abscess 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 periodontal abscess or death from periodontal abscess with the circumstances of a person's relevant service:\n\n(1) having periodontitis at the affected site within the 6 months before the clinical onset of periodontal abscess;\n\n(2) having a foreign body embedded in the affected region of the periodontium at the time of the clinical onset of periodontal abscess;\n\nNote: Examples of foreign bodies that can be embedded in the periodontium include finger nails, corn husks, dental floss, shrapnel and materials derived from dental procedures such as calculus fragments, cement remnants and orthodontic separators.\n\n(3) having trauma to the affected region of the periodontium within the 4 weeks before the clinical onset of periodontal abscess;\n\nNote: trauma to the affected region of the periodontium is defined in the Schedule 1 - Dictionary.\n\n(4) having surgery to the affected region of the periodontium within the 4 weeks before the clinical onset of periodontal abscess;\n\n(5) having periodontitis at the affected site within the 6 months before the clinical worsening of periodontal abscess;\n\n(6) having a foreign body embedded in the affected region of the periodontium at the time of the clinical worsening of periodontal abscess;\n\nNote: Examples of foreign bodies that can be embedded in the periodontium include finger nails, corn husks, dental floss, shrapnel and materials derived from dental procedures such as calculus fragments, cement remnants and orthodontic separators.\n\n(7) having trauma to the affected region of the periodontium within the 4 weeks before the clinical worsening of periodontal abscess;\n\nNote: trauma to the affected region of the periodontium is defined in the Schedule 1 - Dictionary.\n\n(8) having surgery to the affected region of the periodontium within the 4 weeks before the clinical worsening of periodontal abscess;\n\n(9) inability to obtain appropriate clinical management for periodontal abscess.\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 factors set out in subsections 9(5) to 9(9) apply only to material contribution to, or aggravation of, periodontal abscess where the person's periodontal abscess 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 periodontal abscess—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 trauma to the affected region of the periodontium means a blunt or penetrating injury resulting in:\n\n(a) fracture, luxation, loss or extraction of a tooth; or\n\n(b) disruption or fracture of the periodontium.\n\nNote: Examples of luxation injuries include concussion, subluxation, extrusive luxation, lateral luxation and intrusive luxation of the tooth.\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 is a standard replacement instrument that maintains the same scope as its 2013 predecessor. It updates the medical-scientific basis for determining service connection for periodontal abscess claims but does not expand beyond the original purpose of establishing eligibility criteria for this specific dental condition under veterans' compensation legislation."},"complexity_factors":["Short, focused instrument (approximately 1,500 words) dealing with a single medical condition","Only 6 defined terms in the Dictionary (Schedule 1)","Clear, numbered list of 9 factors with straightforward temporal requirements (6 months, 4 weeks)","Simple conditional logic in section 10(2) limiting application of factors 5-9 to pre-existing conditions aggravated by service","Minimal cross-referencing—only refers to other Statements of Principles in section 11, and defines key terms internally","Standardised structure common to all Repatriation Medical Authority Statements of Principles"],"plain_english_summary":"This instrument updates the 2013 guidance and sets when Australian Defence Force members, veterans, peacekeepers and their families can claim compensation or death benefits for a periodontal abscess. It applies under the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act and requires a “reasonable hypothesis” linking the abscess to service, supported by at least one specified service-related factor (e.g., recent periodontal disease, oral injury or surgery, foreign body, or inability to access treatment). It narrows the medical definition and limits claims to eligible dental pathology."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument expressly repeals the 2013 Statement (s4) and restates the criteria and application to claims under s120A of the VEA and s338 of the MRCA (s5). It defines periodontal abscess and lists service‑related factors that raise a reasonable hypothesis (ss7–9). The text does not itself state an expansion or narrowing of entitlement scope compared with the prior instrument; only the repeal and replacement are explicit."},"complexity_factors":["Clear medical definition with enumerated exclusions (s7(2))","Limited set of time windows and clinical factors that must be satisfied (s9(1)–(9))","Cross-reference to entitlement statutes and claim gateways (application to s120A VEA and s338 MRCA) (s5)","Interaction with other Statements of Principles where a factor refers to another condition (s11)","Legal effect of ‘reasonable hypothesis’ standard requires factual-medical assessment rather than strict causation (s8–9)","Repeal of prior Statement (s4) — requires administrators to apply the new text from commencement (s2, s4)"],"plain_english_summary":"This instrument replaces the 2013 Statement and sets the medical criteria for when a periodontal abscess (and death from it) can be linked to a person’s relevant military service. It applies to claims under section 120A of the Veterans' Entitlements Act and section 338 of the Military Rehabilitation and Compensation Act. \n\nIt defines the condition, lists specific time‑limited factors (recent periodontitis, trauma, surgery, foreign body, or inability to obtain care) that, if connected to service, raise a “reasonable hypothesis” that the condition is service‑related and so triggers entitlement assessment."},"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-periodontal-abscess-reasonable-hypothesis-no-25-of-2022","history":"/api/acts/statement-of-principles-concerning-periodontal-abscess-reasonable-hypothesis-no-25-of-2022/history","analysis":"/api/acts/statement-of-principles-concerning-periodontal-abscess-reasonable-hypothesis-no-25-of-2022/analysis","conflicts":"/api/acts/statement-of-principles-concerning-periodontal-abscess-reasonable-hypothesis-no-25-of-2022/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-periodontal-abscess-reasonable-hypothesis-no-25-of-2022/important-cases","documents":"/api/acts/statement-of-principles-concerning-periodontal-abscess-reasonable-hypothesis-no-25-of-2022/documents"}}