{"id":"F2022L01384","name":"Statement of Principles concerning pleural plaque (Balance of Probabilities) (No. 106 of 2022)","slug":"statement-of-principles-concerning-pleural-plaque-balance-of-probabilities-no-106-of-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441577,"registerId":"F2022L01384-fast-fetch-1775956842863","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning pleural plaque (Balance of Probabilities) (No. 106 of 2022)","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\nPLEURAL PLAQUE (Balance of Probabilities)\n\n(No. 106 of 2022)\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 21 October 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:
|\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 pleural plaque (Balance of Probabilities) (No. 106 of 2022).\n\n2 Commencement\n\n This instrument commences on 21 November 2022.\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 pleural plaque No. 46 of 2014 (Federal Register of Legislation No. F2014L00477) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 pleural plaque and death from pleural plaque.\n\nMeaning of pleural plaque\n\n(2) For the purposes of this Statement of Principles, pleural plaque means a circumscribed area of thickening of the pleura related to the inhalation of mineral fibres.\n\nNote 1: Pleural plaque contains dense hyalinised collagen fibres and may be observed as an elevated flat or nodular lesion that may contain calcification.\n\nNote 2: Pleural plaque is often bilateral and typically affects the parietal pleura, although pleural plaque may rarely occur on the visceral pleura. \n\nDeath from pleural plaque\n\n(3) For the purposes of this Statement of Principles, pleural plaque, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's pleural plaque.\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 pleural plaque and death from pleural plaque 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, pleural plaque or death from pleural plaque is connected with the circumstances of a person's relevant service:\n\n(1) inhaling respirable asbestos fibres:\n\n(a) at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed; and\n\n(b) where the first inhalation of asbestos fibres commenced at least 10 years before the clinical onset of pleural plaque;\n\nNote: Disturbance of debris or dust contaminated with asbestos fibres already present in an enclosed space may result in exposure to respirable asbestos fibres.\n\n(2) inhaling respirable refractory ceramic fibres in an enclosed space at the time refractory ceramic fibres were being manufactured or processed; and\n\n(a) for a cumulative period of at least 2,000 hours before the clinical onset of pleural plaque; and\n\n(b) where the first inhalation of refractory ceramic fibres commenced at least 10 years before the clinical onset of pleural plaque;\n\nNote: refractory ceramic fibres is defined in the Schedule 1 - Dictionary.\n\n(3) inhaling erionite fibres on more days than not for at least 10 years before the clinical onset of pleural plaque, where the first inhalation of erionite fibres occurred at least 15 years before the clinical onset of pleural plaque;\n\nNote: erionite is defined in the Schedule 1 - Dictionary.\n\n(4) inability to obtain appropriate clinical management for pleural plaque.\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(4) applies only to material contribution to, or aggravation of, pleural plaque where the person's pleural plaque 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 erionite means a naturally occurring fibrous mineral that belongs to a group of minerals called zeolites.\n\n MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n pleural plaque—see subsection 7(2).\n\n refractory ceramic fibres means man-made, amorphous fibres that belong to a class of materials termed synthetic vitreous fibres and which are used in high performance thermal insulation applications. Refractory ceramic fibres are also referred to as aluminium silicate fibres.\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":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward re-enactment and update of a 2014 Statement of Principles on the same specific condition. The scope remains tightly focused on establishing causation criteria for pleural plaque in veterans' compensation claims. No expansion beyond the original purpose of determining service connection for this specific asbestos-related condition."},"complexity_factors":["Multiple nested conditions within each factor (e.g., factor 9(2) requires both cumulative hours AND minimum latency period AND enclosed space)","Cross-references to two separate Acts (VEA and MRCA) with different service definitions","Defined terms in Schedule 1 that loop back to substantive sections (e.g., 'pleural plaque—see subsection 7(2)')","Conditional logic in section 10(2) limiting factor 9(4) to aggravation cases only","Section 11 creates dynamic incorporation of other Statements of Principles by reference ('as in force from time to time')","Medical-scientific terminology requiring specialised knowledge (hyalinised collagen, parietal vs visceral pleura, refractory ceramic fibres)"],"plain_english_summary":"This instrument sets the medical criteria the Department of Veterans' Affairs must use to decide if pleural plaque in current or former Australian Defence Force members is connected to service, determining access to compensation and care. \n\nIt requires proof of qualifying inhalational exposures or service-era lack of treatment (e.g., asbestos, refractory ceramic fibres, erionite) with specified timing requirements, tightens some 2014 rules, and is binding on decision-makers."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Section 4 repeals Statement No. 46 of 2014 and substitutes a new Statement. The new instrument (s9) explicitly sets exposure categories (asbestos, refractory ceramic fibres, erionite), specific latency and cumulative‑exposure thresholds, and adds 'inability to obtain appropriate clinical management' as a factor (with limits on application in s10(2)). It therefore changes the operative criteria claimants must meet and replaces the prior framework with these updated, enumerated factors."},"complexity_factors":["Use of medical definition and diagnostic timing (pleural plaque, clinical onset) (s7(2)–(3))","Multiple exposure types with different quantitative and temporal thresholds: general asbestos exposure with a ≥10‑year latency (s9(1)(b)); refractory ceramic fibres with cumulative ≥2,000 hours and ≥10‑year latency (s9(2)(a)–(b)); erionite exposure on more days than not for ≥10 years and first exposure ≥15 years before clinical onset (s9(3))","Inclusion of a non‑exposure factor—'inability to obtain appropriate clinical management'—with a restricted application to material contribution or aggravation where disease preceded or occurred during service (s9(4); s10(2))","Requirement that any listed factor be related to the person's relevant service (s10(1)), creating a factual nexus to be established in each claim","Cross‑reference to other Statements of Principles when an exposure relates to a disease covered elsewhere (s11), increasing interdependence of instruments","Repeal and replacement of a prior Statement (No. 46 of 2014) (s4), meaning claimants and decision‑makers must apply the new criteria"],"plain_english_summary":"This instrument replaces the earlier statement and sets the medical criteria for deciding when pleural plaque (and death from it) is connected to military or defence service. It lists specific inhalation exposures, minimum latency and exposure thresholds, and a clinical‑management exception, and applies to claims under the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act. It matters because it defines who can establish service connection for entitlements and what evidence or exposure history is required."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-pleural-plaque-balance-of-probabilities-no-106-of-2022","history":"/api/acts/statement-of-principles-concerning-pleural-plaque-balance-of-probabilities-no-106-of-2022/history","analysis":"/api/acts/statement-of-principles-concerning-pleural-plaque-balance-of-probabilities-no-106-of-2022/analysis","conflicts":"/api/acts/statement-of-principles-concerning-pleural-plaque-balance-of-probabilities-no-106-of-2022/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-pleural-plaque-balance-of-probabilities-no-106-of-2022/important-cases","documents":"/api/acts/statement-of-principles-concerning-pleural-plaque-balance-of-probabilities-no-106-of-2022/documents"}}