{"id":"F2024L01333","name":"Statement of Principles concerning subcutaneous lipoma (Reasonable Hypothesis) (No. 82 of 2024)","slug":"statement-of-principles-concerning-subcutaneous-lipoma-reasonable-hypothesis-no-82-of-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442620,"registerId":"F2024L01333-fast-fetch-1775957587823","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning subcutaneous lipoma (Reasonable Hypothesis) (No. 82 of 2024)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nSUBCUTANEOUS LIPOMA (Reasonable Hypothesis)\n\n(No. 82 of 2024)\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 18 October 2024.\n\n \n\n \n\n \n\n \n\n \n\n|
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Professor Terence Campbell AM
Chairperson
by and on behalf of
The Repatriation Medical Authority |\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\n\n\n1. Name\n\n\nThis is the Statement of Principles concerning subcutaneous lipoma (Reasonable Hypothesis) (No. 82 of 2024).\n\n1. Commencement\n\n\n This instrument commences on 19 November 2024.\n\n1. Authority\n\n\nThis instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.\n\n1. Repeal\n\n\nThe Statement of Principles concerning lipoma (Reasonable Hypothesis) (No. 100 of 2015) (Federal Register of Legislation No. F2015L01315) made under subsection 196B(2) of the VEA is repealed.\n\n1. Application\n\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\n1. Definitions\n\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n1. Kind of injury, disease or death to which this Statement of Principles relates\n 1. This Statement of Principles is about subcutaneous lipoma and death from subcutaneous lipoma.\n\n\nMeaning of subcutaneous lipoma\n\n1. For the purposes of this Statement of Principles, subcutaneous lipoma:\n 1. means a benign neoplasm of mature adipose cells occurring in subcutaneous tissues, which is usually surrounded by a capsule; and\n 2. excludes:\n 1. breast lipoma;\n 2. fat hyperplasia;\n 3. liposarcoma; and\n 4. prolapse of adipose tissue.\n2. While subcutaneous lipoma attracts ICD‑10‑AM code D17, in applying this Statement of Principles the meaning of subcutaneous lipoma is that given in subsection (2).\n3. 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\n\nDeath from subcutaneous lipoma\n\n1. For the purposes of this Statement of Principles, subcutaneous lipoma, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's subcutaneous lipoma.\n\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n1. Basis for determining the factors\n\n\nThe Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that subcutaneous lipoma and death from subcutaneous lipoma 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\n1. Factors that must exist\n\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 subcutaneous lipoma or death from subcutaneous lipoma with the circumstances of a person's relevant service:\n\n1. having alcohol use disorder at the time of the clinical onset of benign symmetrical lipomatosis;\n\n\nNote: Benign symmetrical lipomatosis is also known as multiple symmetrical lipomatosis or Madelung disease, which usually manifests as multiple symmetrical fat deposits in the head, neck and shoulder area.\n\n1. having blunt trauma to the affected site within the 3 years the before the clinical onset of encapsulated lipoma;\n2. inability to obtain appropriate clinical management for subcutaneous lipoma before clinical worsening.\n\n\n1. Relationship to service\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 2. The factor set out in subsection 9(3) applies only to material contribution to, or aggravation of, subcutaneous lipoma where the person's subcutaneous lipoma was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n2. Factors referring to an injury or disease covered by another Statement of Principles\n\n\nIn this Statement of Principles:\n\n1. if a factor referred to in section 9 applies in relation to a person; and\n2. 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\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) 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 defined in the Schedule 1 - Dictionary.\n\n subcutaneous lipoma—see subsection 7(2).\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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier Statement of Principles concerning lipoma (No. 100 of 2015) (section 4) and replaces it with a new Statement that defines subcutaneous lipoma, lists qualifying factors, and restates application to VEA/MRCA claims (section 5). The text itself does not supply a clause-by-clause comparison, so precise substantive differences from the 2015 instrument cannot be determined here without comparing the two texts."},"complexity_factors":["Legal framing tied to veterans' claims under the VEA and MRCA (section 5).","Precise medical definition with explicit exclusions for related conditions (section 7(2)).","Reference to ICD-10-AM coding while retaining a statutory definition (section 7(3)).","A short list of discrete qualifying factors that raise a reasonable hypothesis (section 9) — creates focused but potentially technical evidentiary issues.","Requirement that any qualifying factor be related to relevant service, plus a limitation on how the inability-to-treat factor operates (section 10(2)).","Inclusion of death via terminal events as covered by the condition (Schedule 1 definition of terminal event).","Cross-reference rule that defers to other Statements of Principles where factors overlap (section 11).","Formal repeal of the 2015 Statement (section 4) — administrative transition risk for ongoing claims.","Use of medical-scientific standard language establishing the Authority’s view as basis for the factors (section 8) — affects burden and review.","Potential evidentiary and compliance burdens on claimants to prove timing, clinical onset, service connection and prior treatment, with factual discretion left to decision-makers (sections 9, 10)."],"plain_english_summary":"This instrument, issued by the Repatriation Medical Authority, sets the medical criteria used to decide whether subcutaneous lipoma (and death from it) can reasonably be connected to a person’s military or relevant service for claims under the VEA or MRCA. It defines the condition, specifies the medical factors that must be present and linked to service, and replaces the earlier 2015 Statement. These criteria determine what evidence and medical findings will support an entitlement claim."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It updates the 2015 version by narrowing the definition from 'lipoma' generally to 'subcutaneous lipoma' specifically, and refines the causal factors based on current medical evidence. The scope remains tightly focused on determining compensation eligibility for this specific benign condition."},"complexity_factors":["Multiple defined terms in Schedule 1 (MRCA, VEA, relevant service, terminal event, subcutaneous lipoma)","Nested definitions: 'subcutaneous lipoma' defined by exclusion (4 specific exclusions in s 7(2)(b))","Cross-referencing to external classification system (ICD-10-AM Tenth Edition)","Conditional logic in s 10(2) limiting when the 'inability to obtain appropriate clinical management' factor applies","Reference to other Statements of Principles in s 11 creating interdependent legal framework","Specific temporal limitation ('within the 3 years before') in s 9(2)","Medical terminology requiring specialist knowledge (benign symmetrical lipomatosis, encapsulated lipoma, adipose cells)"],"plain_english_summary":"This instrument updates the medical rules for when Australian veterans and defence personnel can claim compensation for subcutaneous lipoma, replacing the 2015 Statement of Principles and narrowing what counts as a compensable lipoma. It specifies three service‑connected circumstances that can link a lipoma to military service and excludes other diagnoses like breast lipomas and malignancies.\n\nIt affects veterans, peacekeepers, and current/former defence members claiming under the VEA or MRCA and the DVA decision‑makers who assess claims; the “reasonable hypothesis” test means service need only plausibly explain the condition."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-subcutaneous-lipoma-reasonable-hypothesis-no-82-of-2024","history":"/api/acts/statement-of-principles-concerning-subcutaneous-lipoma-reasonable-hypothesis-no-82-of-2024/history","analysis":"/api/acts/statement-of-principles-concerning-subcutaneous-lipoma-reasonable-hypothesis-no-82-of-2024/analysis","conflicts":"/api/acts/statement-of-principles-concerning-subcutaneous-lipoma-reasonable-hypothesis-no-82-of-2024/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-subcutaneous-lipoma-reasonable-hypothesis-no-82-of-2024/important-cases","documents":"/api/acts/statement-of-principles-concerning-subcutaneous-lipoma-reasonable-hypothesis-no-82-of-2024/documents"}}