{"id":"F2020L00483","name":"Statement of Principles concerning sprain and strain (Balance of Probabilities) (No. 28 of 2020)","slug":"statement-of-principles-concerning-sprain-and-strain-balance-of-probabilities-no-28-of-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440457,"registerId":"F2020L00483-fast-fetch-1775956070555","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning sprain and strain (Balance of Probabilities) (No. 28 of 2020)","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\nSPRAIN AND STRAIN (Balance of Probabilities)\n\n(No. 28 of 2020)\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 2020\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 Nicholas Saunders AO
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 sprain and strain (Balance of Probabilities) (No. 28 of 2020).\n\n2 Commencement\n\n This instrument commences on 25 May 2020.\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 sprain and strain No. 95 of 2011 (Federal Register of Legislation No. F2011L01727) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 sprain and strain and death from sprain and strain.\n\nMeaning of sprain\n\n(2) For the purposes of this Statement of Principles, sprain:\n\n(a) means an injury involving the tearing or stretching of one or more joint ligaments, associated with the onset of pain and tenderness at that site within the 24 hours following the injury; and\n\n(b) includes complete tear or rupture of a ligament; and\n\n(c) excludes recurrent sprain due to joint instability.\n\nMeaning of strain\n\n(3) For the purposes of this Statement of Principles, strain:\n\n(a) means an injury involving the tearing or stretching of a muscle or tendon, associated with the onset of pain and tenderness at that site within the 24 hours following the injury; and\n\n(b) includes complete tear or rupture of a muscle or tendon; and\n\n(c) excludes drug-induced disease of tendons or muscles.\n\nDeath from sprain and strain\n\n(4) For the purposes of this Statement of Principles, sprain or strain, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's sprain or strain.\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 sprain or strain and death from sprain or strain 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, sprain or strain or death from sprain or strain is connected with the circumstances of a person's relevant service:\n\n(1) experiencing a significant physical force applied to or through the affected joint, at the time of the clinical onset of a sprain to that joint ligament;\n\nNote: Examples of activities and circumstances involving significant physical force applied to or through the affected joint include falls, collisions, lifting weights, running, jumping or stepping down from a height, throwing objects and climbing.\n\n(2) forceful stretching or high intensity use of a muscle or tendon at the time of the clinical onset of a strain to that muscle or tendon;\n\nNote: Examples of activities and circumstances involving forceful stretching or high intensity use of a muscle or tendon include lifting weights, push ups, pull ups, throwing objects, running, kicking, jumping and climbing.\n\n(3) experiencing a significant physical force applied to or through the affected joint, at the time of the clinical worsening of a sprain to that joint ligament;\n\nNote: Examples of activities and circumstances involving significant physical force applied to or through the affected joint include falls, collisions, lifting weights, running, jumping or stepping down from a height, throwing objects and climbing.\n\n(4) forceful stretching or high intensity use of a muscle or tendon at the time of the clinical worsening of a strain to that muscle or tendon;\n\nNote: Examples of activities and circumstances involving forceful stretching or high intensity use of a muscle or tendon include lifting weights, push ups, pull ups, throwing objects, running, kicking, jumping and climbing.\n\n(5) inability to obtain appropriate clinical management for sprain or strain.\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(3) to 9(5) apply only to material contribution to, or aggravation of, sprain or strain where the person's sprain or strain 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 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 sprain—see subsection 7(2).\n\n strain—see subsection 7(3).\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_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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow scope as a specific medical determination for sprain and strain claims. It replaces the 2011 version without expanding into new areas of compensation law."},"complexity_factors":["Short, focused instrument (approximately 8 substantive sections plus definitions)","Only 6 defined terms in the Dictionary (MRCA, relevant service, sprain, strain, terminal event, VEA)","Clear, numbered factors in section 9 with plain English examples in notes","Simple conditional structure: one of five factors must exist, plus relationship to service requirement","Limited cross-referencing (only to other Statements of Principles in section 11 and the Dictionary)","No nested exceptions or complex temporal calculations beyond the 24-hour pain onset requirement"],"plain_english_summary":"This instrument sets the medical standards for when sprains and strains (ligament, muscle, tendon tears or stretches) qualify for veterans’ compensation, defining onset timing and exclusions. It applies a “more likely than not” service link test focusing on significant physical force or forceful use at injury onset, including worsening of pre‑existing injuries and failure to obtain treatment, and allows claims where such injuries materially contributed to terminal death.\n\nIt affects veterans and Defence members claiming under the VEA or MRCA for non‑hazardous peacetime, eligible war, and defence service, replacing the 2011 guidance."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier Statement of Principles No. 95 of 2011 (s4) and replaces it with updated definitions and criteria. It restates what sprain/strain means (including death from these conditions) and specifies the factual and clinical factors required to link injury to relevant service (see s7, s9). The practical scope for claim assessment is therefore changed by replacement of the prior instrument."},"complexity_factors":["Technical medical definitions and timing requirements for sprain and strain (onset of pain/tenderness within 24 hours; exclusions) — s7(2)–(4)","Legal standard of proof established as 'balance of probabilities' and reliance on available medical‑scientific evidence — s8","Explicit list of factual causal/triggering factors claimants must establish (significant force, forceful stretching, clinical worsening, inability to obtain appropriate management) — s9","Requirement that the enumerated factors be related to the person's relevant service (linking factual events to service types under VEA/MRCA) — s10 and Schedule (relevant service)","Interaction with other Statements of Principles where an injury/disease is covered elsewhere (cross‑reference and primacy) — s11","Exclusions that remove certain presentations from coverage (recurrent sprain due to instability; drug‑induced tendon/muscle disease) — s7(2)(c), s7(3)(c)","Practical evidentiary and administrative burden on claimants to show timing, mechanism, and service connection; potential for clinical judgment in applying terms like 'significant physical force' and 'appropriate clinical management' — s9, s7","Repeal and replacement of earlier instrument (necessitates checking transitional/precedent decisions and updated definitions) — s4"],"plain_english_summary":"**What this does:** This instrument tells how the Repatriation Medical Authority (RMA) decides, on the balance of probabilities, whether a sprain, strain or death from them is connected to a veteran's or service member's relevant service. It defines sprain/strain, lists the physical events and clinical timing required (eg onset within 24 hours), sets exclusions, and applies to claims under the VEA or the MRCA. Claimants must show the listed factors and a relationship to relevant service."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-sprain-and-strain-balance-of-probabilities-no-28-of-2020","history":"/api/acts/statement-of-principles-concerning-sprain-and-strain-balance-of-probabilities-no-28-of-2020/history","analysis":"/api/acts/statement-of-principles-concerning-sprain-and-strain-balance-of-probabilities-no-28-of-2020/analysis","conflicts":"/api/acts/statement-of-principles-concerning-sprain-and-strain-balance-of-probabilities-no-28-of-2020/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-sprain-and-strain-balance-of-probabilities-no-28-of-2020/important-cases","documents":"/api/acts/statement-of-principles-concerning-sprain-and-strain-balance-of-probabilities-no-28-of-2020/documents"}}