{"id":"F2022L01383","name":"Statement of Principles concerning pleural plaque (Reasonable Hypothesis) (No. 105 of 2022)","slug":"statement-of-principles-concerning-pleural-plaque-reasonable-hypothesis-no-105-of-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441575,"registerId":"F2022L01383-fast-fetch-1775956842832","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning pleural plaque (Reasonable Hypothesis) (No. 105 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 (Reasonable Hypothesis)\n\n(No. 105 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 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 (Reasonable Hypothesis) (No. 105 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(2) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning pleural plaque No. 45 of 2014 (Federal Register of Legislation No. F2014L00474) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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 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\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that pleural plaque and death from pleural plaque 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 pleural plaque or death from pleural plaque 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 5 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 5 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 5 years before the clinical onset of pleural plaque, where the first inhalation of erionite fibres occurred at least 10 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(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 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 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 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 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 instrument maintains the established scope of Repatriation Medical Authority Statements of Principles. It replaces the 2014 version (No. 45 of 2014) with updated medical evidence but does not expand beyond the original purpose of establishing compensation criteria for pleural plaque in veterans. The structure and approach remain consistent with the long-standing framework under section 196B(2) of the Veterans' Entitlements Act 1986."},"complexity_factors":["Multiple nested conditions within each factor (e.g., factor 9(2) requires cumulative hours AND minimum latency period AND specific activity)","Cross-references to two separate Acts (Veterans' Entitlements Act 1986 and Military Rehabilitation and Compensation Act 2004)","Defined terms in Schedule 1 require flipping back and forth to understand key concepts like 'relevant service' and 'terminal event'","Conditional logic in section 10(2) creating a limited exception for the medical care factor","Incorporation by reference in section 11 — factors from other Statements of Principles may apply dynamically","Scientific/medical terminology requiring lay explanation (erionite, refractory ceramic fibres, hyalinised collagen)"],"plain_english_summary":"This instrument sets medical criteria for Australian veterans and defence personnel to claim compensation for pleural plaque, a lung lining thickening often linked to asbestos. It adopts a \"reasonable hypothesis\" test — meeting one of four exposure or care-related factors (asbestos, refractory ceramic fibres, erionite, or lack of medical care) establishes a sufficient link to service. It updates the 2014 guidance to make access to benefits clearer."},"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":false,"description":"This instrument replaces Statement No. 45 of 2014 (s 4) but continues to address pleural plaque and death from pleural plaque for claims under the VEA and MRCA (s 5, s 7). The instrument sets specific exposure types and timing requirements to establish a reasonable hypothesis linking condition to relevant service; no expansion beyond pleural plaque and its connection to relevant service is apparent from the text."},"complexity_factors":["Technical medical definition of pleural plaque and death from pleural plaque (s 7(2)–(3)).","Multiple exposure types with distinct evidentiary and timing requirements: asbestos, refractory ceramic fibres, erionite (s 9(1)–(3)).","Specified latency and cumulative exposure thresholds (eg. 5 years latency for asbestos/RCF, 2,000 cumulative hours for RCF, 10 years first inhalation for erionite) increasing evidentiary granularity (s 9).","Inclusion of an 'inability to obtain appropriate clinical management' factor with potential evidentiary ambiguity (s 9(4); s 10(2)).","Requirement that any qualifying factor be connected to the person's relevant service, implicating factual nexus inquiries (s 10(1)).","Cross-references to other Statements of Principles and to defined statutory terms in the Schedule, requiring look-up and harmonisation with other instruments (s 11; Schedule 1).","Legal standard: raises a 'reasonable hypothesis' for entitlement decisions under VEA/MRCA (s 3, s 8).","Repeal of the prior Statement of Principles and replacement mechanics (s 4), which may require practitioners to compare versions for any substantive changes."],"plain_english_summary":"This Statement of Principles defines the medical condition `pleural plaque` (and death from it) and lists the specific inhalation exposures and timing that must exist to raise a reasonable hypothesis linking the condition to a person’s relevant service for claims under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004. It affects veterans and service members by specifying qualifying exposures (asbestos, refractory ceramic fibres, erionite), minimum latency or cumulative exposure thresholds, and a clinical‑management factor that determine entitlement pathways."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-pleural-plaque-reasonable-hypothesis-no-105-of-2022","history":"/api/acts/statement-of-principles-concerning-pleural-plaque-reasonable-hypothesis-no-105-of-2022/history","analysis":"/api/acts/statement-of-principles-concerning-pleural-plaque-reasonable-hypothesis-no-105-of-2022/analysis","conflicts":"/api/acts/statement-of-principles-concerning-pleural-plaque-reasonable-hypothesis-no-105-of-2022/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-pleural-plaque-reasonable-hypothesis-no-105-of-2022/important-cases","documents":"/api/acts/statement-of-principles-concerning-pleural-plaque-reasonable-hypothesis-no-105-of-2022/documents"}}