{"id":"F2023L01179","name":"Statement of Principles concerning tardive dyskinesia (Balance of Probabilities) (No. 79 of 2023)","slug":"statement-of-principles-concerning-tardive-dyskinesia-balance-of-probabilities-no-79-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442067,"registerId":"F2023L01179-fast-fetch-1775957182734","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning tardive dyskinesia (Balance of Probabilities) (No. 79 of 2023)","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\nTARDIVE DYSKINESIA (Balance of Probabilities)\n\n(No. 79 of 2023)\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 25 August 2023.\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:
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Professor Terence Campbell AM
Chairperson
|\n\n\n \n\n \n\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Application\n\n5 Definitions\n\n6 Kind of injury, disease or death to which this Statement of Principles relates\n\n7 Basis for determining the factors\n\n8 Factors that must exist\n\n9 Relationship to service.........................................\n\n10 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 tardive dyskinesia (Balance of Probabilities) (No. 79 of 2023).\n\n2 Commencement\n\n This instrument commences on 26 September 2023.\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n4 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\n5 Definitions\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n6 Kind of injury, disease or death to which this Statement of Principles relates\n\n(1) This Statement of Principles is about tardive dyskinesia and death from tardive dyskinesia.\n\nMeaning of tardive dyskinesia\n\n(2) For the purposes of this Statement of Principles, tardive dyskinesia:\n\n(a) means a movement disorder which meets the following criteria (derived from DSM-5-TR):\n\n(i) abnormal, involuntary movements of the tongue, jaw, trunk, or extremities that develop in association with the use of medications that block postsynaptic dopamine receptors;\n\n(ii) the movements are present over a period of at least 4 weeks;\n\n(iii) there must be a history of use of the offending agent for at least 3 months in individuals <60 years of age or at least 1 month in individuals age 60 years or older; and\n\n(iv) symptoms and signs develop during medication use or within 4 weeks of withdrawal from an oral agent or within 8 weeks of withdrawal of a long-acting injectable agent; and \n\n(b) excludes:\n\n(i) medication-induced parkinsonism, acute dystonia and acute akathisia;\n\n(ii) dyskinesia due to l-dopa or bromocriptine;\n\n(iii) spontaneous dyskinesia;\n\n(iv) neurological diseases including Huntington disease, Wilson disease, Sydenham chorea, systemic lupus erythematosus, and heavy metal poisoning.\n\nNote: DSM-5-TR is defined in the Schedule 1 – Dictionary.\n\n(3) While tardive dyskinesia attracts ICD‑10‑AM code G24.01, in applying this Statement of Principles the meaning of tardive dyskinesia 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\nDeath from tardive dyskinesia\n\n(5) For the purposes of this Statement of Principles, tardive dyskinesia, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's tardive dyskinesia.\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n7 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 tardive dyskinesia and death from tardive dyskinesia 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\n8 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, tardive dyskinesia or death from tardive dyskinesia is connected with the circumstances of a person's relevant service:\n\n(1) taking an antipsychotic medication for least 3 continuous months for persons under 60 years of age or at least 1 month for persons aged 60 years or older, before the clinical onset of tardive dyskinesia and where the symptoms and signs of tardive dyskinesia develop during antipsychotic medication use or within 4 weeks of withdrawal from an oral antipsychotic medication or within 8 weeks of withdrawal from a long-acting injectable antipsychotic medication;\n\n(2) taking antiemetic drug metoclopramide, domoperidone, droperidol, or prochlorperazine, or the anxiety drug buspirone for least 3 continuous months for persons under 60 years of age or at least 1 month in subjects aged 60 years or older, before the clinical onset of tardive dyskinesia and where the symptoms and signs of tardive dyskinesia develop during antiemetic medication use or within 4 weeks of withdrawal from an antiemetic medication;\n\n(3) inability to obtain appropriate clinical management for tardive dyskinesia before the clinical worsening of tardive dyskinesia.\n\n9 Relationship to service\n\n(1) The existence in a person of any factor referred to in section 8, must be related to the relevant service rendered by the person.\n\n(2) The factor set out in subsection 8(3) applies only to material contribution to, or aggravation of, tardive dyskinesia where the person's tardive dyskinesia was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n\n10 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 8 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 5\n\n1 Definitions\n\nIn this instrument:\n\n DSM-5-TR means the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision. Washington, DC, American Psychiatric Association, 2022.\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 tardive dyskinesia—see subsection 6(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":6,"scope_assessment":{"changed":false,"description":"This instrument does not itself expand or narrow the statutory categories of relevant service under the VEA or MRCA; instead it prescribes the medical definition and specific evidentiary conditions under which tardive dyskinesia and death from it are to be accepted as connected with relevant service for claims (see s4, s6, s8). The Repatriation Medical Authority records its view that a service connection is 'more probable than not' on available evidence (s7)."},"complexity_factors":["Reliance on a specific clinical definition drawn from DSM‑5‑TR rather than only ICD codes (s6(2), s6(3))","Multiple precise timing thresholds for onset and withdrawal (symptoms present ≥4 weeks; onset during use or within 4 or 8 weeks of withdrawal) (s6(2)(a)(ii)-(iv))","Age‑dependent minimum medication‑exposure durations (≥3 months if <60; ≥1 month if ≥60) (s6(2)(a)(iii); s8(1)-(2))","Different rules for oral versus long‑acting injectable agents affecting timing (s6(2)(a)(iv); s8(1))","Enumerated drug classes and named drugs (antipsychotics, metoclopramide, domperidone, droperidol, prochlorperazine, buspirone) creating evidential specificity (s8(1)-(2))","Inclusion of 'inability to obtain appropriate clinical management' as a separate factor for material contribution/aggravation (s8(3), s9(2))","Requirement that any qualifying factor be related to the person's relevant service (s9(1))","Cross‑references to other Statements of Principles where overlapping injuries/diseases occur (s10)","Inclusion of death via a defined list of terminal events as within scope (s6(5); Schedule)","Application to claims procedure under specific statutory provisions (s4) and standard of proof on the balance of probabilities (title; s7)"],"plain_english_summary":"Mechanically, this Statement of Principles sets the medical definition of tardive dyskinesia (TD) and the precise conditions under which TD (and death from TD) is treated as connected with a veteran's or service member's relevant service for claims under the VEA or MRCA. It requires evidence of specified medication exposure and timing, or failure to obtain appropriate clinical management, to establish the link. The Repatriation Medical Authority states, on available medical‑scientific evidence (s7), that it is more probable than not TD can be service‑related. This changes claimants' evidentiary requirements and thus affects claim outcomes."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a standard, narrowly-scoped Statement of Principles that addresses a specific medical condition (tardive dyskinesia) for veterans compensation purposes. It follows the established template for such instruments under the Veterans' Entitlements Act 1986 and does not appear to have expanded beyond its original purpose of setting medical evidentiary standards for this particular condition."},"complexity_factors":["Medical diagnostic criteria embedded in legislation (DSM-5-TR criteria with 4 specific sub-elements in section 6(2))","Age-stratified thresholds (different time requirements for under 60 vs 60+ years)","Multiple medication classes with varying withdrawal windows (4 weeks for oral, 8 weeks for long-acting injectable)","Cross-referencing mechanism in section 10 that incorporates other Statements of Principles by reference","Conditional logic in section 9(2) restricting Factor 3 to pre-existing conditions only","Dual statutory framework application (VEA and MRCA with different service definitions)","Exclusion clauses in section 6(2)(b) listing 8 specific excluded conditions"],"plain_english_summary":"This Statement of Principles sets the medical test for when tardive dyskinesia — an involuntary movement disorder caused by certain dopamine-blocking drugs — is accepted as service-related for Australian veterans and defence members. It ties service connection to medication exposure or failure to receive appropriate treatment and uses the “balance of probabilities” standard.\n\nIt matters because meeting these rules requires the Department of Veterans’ Affairs to treat the condition as service-related for compensation; it also narrows the diagnosis and excludes other movement disorders."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-tardive-dyskinesia-balance-of-probabilities-no-79-of-2023","history":"/api/acts/statement-of-principles-concerning-tardive-dyskinesia-balance-of-probabilities-no-79-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-tardive-dyskinesia-balance-of-probabilities-no-79-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-tardive-dyskinesia-balance-of-probabilities-no-79-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-tardive-dyskinesia-balance-of-probabilities-no-79-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-tardive-dyskinesia-balance-of-probabilities-no-79-of-2023/documents"}}