{"id":"F2022L00653","name":"Statement of Principles concerning sudden unexplained death (Balance of Probabilities) (No. 46 of 2022)","slug":"statement-of-principles-concerning-sudden-unexplained-death-balance-of-probabilities-no-46-of-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441368,"registerId":"F2022L00653-fast-fetch-1775956681394","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning sudden unexplained death (Balance of Probabilities) (No. 46 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\nSUDDEN UNEXPLAINED DEATH (Balance of Probabilities)\n\n(No. 46 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 29 April 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 sudden unexplained death (Balance of Probabilities) (No. 46 of 2022).\n\n2 Commencement\n\n This instrument commences on 30 May 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 sudden unexplained death No. 58 of 2013 (Federal Register of Legislation No. F2013L01646) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 sudden unexplained death.\n\nMeaning of sudden unexplained death\n\n(2) For the purposes of this Statement of Principles, sudden unexplained death:\n\n(a) means death without evidence of disease or injury which could account for the death, and within 24 hours of first onset of symptoms or signs; and\n\n(b) includes death delayed beyond 24 hours because of life support by mechanical devices.\n\nNote: In cases of sudden unexplained death there will be a final death certificate to the effect that a cause of death cannot be determined.\n\n(3) While sudden unexplained death attracts ICD‑10‑AM code R96, in applying this Statement of Principles the meaning of sudden unexplained death is that given in subsection (2).\n\n(4) 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\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 sudden unexplained death 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, sudden unexplained death is connected with the circumstances of a person's relevant service:\n\n(1) experiencing a major, stressful event that causes an intense emotional or psychological response, within the 24 hours before the sudden unexplained death;\n\nNote: Examples of major, stressful events that can cause an intense emotional or psychological response include an event that involves a direct threat to the person's life, and being assaulted, including sexual assault.\n\n(2) undertaking a bout of intense physical activity of at least 5 METs within the 24 hours before the sudden unexplained death;\n\nNote: MET is defined in the Schedule 1 - Dictionary.\n\n(3) receiving a blow to the chest immediately before the sudden unexplained death;\n\nNote: blow to the chest is defined in the Schedule 1 - Dictionary.\n\n(4) having a BMI of 35 or greater at the time of the sudden unexplained death;\n\nNote: BMI is defined in the Schedule 1 - Dictionary.\n\n(5) having diabetes mellitus at the time of the sudden unexplained death;\n\n(6) having epilepsy at the time of the sudden unexplained death;\n\n(7) having hypertension at the time of the sudden unexplained death;\n\n(8) having a blood alcohol content of at least 0.15 percent at the time of the sudden unexplained death;\n\n(9) taking a drug that prolongs the corrected QT interval within the 7 days before the sudden unexplained death;\n\nNote: Many drugs can prolong the corrected QT interval. Examples of drug classes that can prolong the corrected QT interval include anti-arrhythmics, antihistamines, antibiotics, antifungals, diuretics, antidepressants, antipsychotics, opiates and anticancer agents.\n\n(10) taking cocaine within the 24 hours before the sudden unexplained death.\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\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 blow to the chest means a blunt, forceful, non-penetrating blow to the anterior chest.\n\nNote: Examples of situations that could involve a blow to the chest include assault, gunshot impact while wearing body armour, and sporting activities such as football, hockey, cricket and rugby.\n\n BMI means body mass index and is calculated as follows:\n\n BMI = W/H2 where:\n\n(a) W is the person's weight in kilograms; and\n\n(b) H is the person's height in metres.\n\n MET means a unit of measurement of the level of physical exertion. 1 MET = 3.5 ml of oxygen/kg of body weight per minute, 1.0 kcal/kg of body weight per hour, or resting metabolic rate.\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 sudden unexplained death—see subsection 7(2).\n\n VEA means the Veterans' Entitlements Act 1986.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument repeals the previous Statement (s.4) but continues to determine how sudden unexplained death is connected to relevant service for VEA and MRCA claims (s.5, s.7). Its scope remains the same statutory purpose—assessing service‑connection for sudden unexplained death—though the specific enumerated factors and technical thresholds in this instrument (s.9; Schedule 1) replace the prior list and may alter outcomes in practice."},"complexity_factors":["Legal standard: connection assessed on the balance of probabilities and the Authority’s medical‑scientific view (section 8).","Determinative list approach: at least one enumerated factor must exist (section 9), creating a largely binary assessment framework.","Technical medical thresholds and measures: BMI formula and cutoff (Schedule 1), blood alcohol threshold (s.9(8)), MET definition and physical exertion threshold (s.9(2) and Schedule 1), and drug/QT interval timing (s.9(9)).","Timing and causation window: sudden unexplained death defined by symptom onset within 24 hours and factors tied to that window (s.7(2), s.9).","Interplay with other Statements of Principles: factors that refer to conditions covered elsewhere defer to those Statements (s.11), requiring cross‑reference.","Definitions and coding reliance: use of ICD‑10‑AM code R96 for identification but a bespoke statutory definition governs application (s.7(3)–(4), Schedule 1).","Administrative effect: instrument applies to VEA and MRCA claims (s.5) and repeals the prior Statement (s.4), so decision makers must update claim assessments to the new list."],"plain_english_summary":"This Statement of Principles sets out the specific medical, physiological and situational factors the Repatriation Medical Authority will use to decide whether a sudden unexplained death is connected to a veteran’s or member’s relevant service for claims under the VEA or MRCA. It replaces an earlier Statement and defines thresholds (for example BMI, blood alcohol, recent physical exertion or trauma) and a 24‑hour timing rule.\n\nA claim is accepted on the balance of probabilities if at least one listed factor existed and was related to the person’s relevant service; the Authority says the list reflects current medical‑scientific evidence."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: establishing criteria for linking sudden unexplained death to military service. The 2022 update appears to be a routine reissue based on updated medical evidence (replacing the 2013 version), not an expansion of scope. The ten factors listed are consistent with medical research on sudden death risk factors."},"complexity_factors":["Moderate cross-referencing: Links to two other Acts (VEA and MRCA) and incorporates definitions from them","Technical medical terminology requiring definitions: MET (metabolic equivalent of task), BMI calculation, ICD-10-AM coding system","Conditional logic with temporal constraints: Most factors have specific time windows (24 hours, 7 days, 'immediately before', 'at the time of')","Nested definitions: 'Relevant service' has three sub-categories with exclusions (e.g., 'other than operational service')","Self-referential structure: Section 11 creates a recursive relationship where other Statements of Principles may apply if referenced factors exist","10 distinct factors with varying evidentiary requirements (some subjective like 'major stressful event', some measurable like BMI or blood alcohol)"],"plain_english_summary":"This instrument updates when the government will treat a veteran’s or service member’s sudden unexplained death as service-related, replacing 2013 guidance and applying to claims under the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act.\n\nTo qualify, at least one of ten specified medical or situational risk factors must be present and shown to be connected to service; without such a factor and service connection, the death will not be accepted for compensation."},"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-sudden-unexplained-death-balance-of-probabilities-no-46-of-2022","history":"/api/acts/statement-of-principles-concerning-sudden-unexplained-death-balance-of-probabilities-no-46-of-2022/history","analysis":"/api/acts/statement-of-principles-concerning-sudden-unexplained-death-balance-of-probabilities-no-46-of-2022/analysis","conflicts":"/api/acts/statement-of-principles-concerning-sudden-unexplained-death-balance-of-probabilities-no-46-of-2022/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-sudden-unexplained-death-balance-of-probabilities-no-46-of-2022/important-cases","documents":"/api/acts/statement-of-principles-concerning-sudden-unexplained-death-balance-of-probabilities-no-46-of-2022/documents"}}