{"id":"F2023L01180","name":"Statement of Principles concerning tardive dyskinesia (Reasonable Hypothesis) (No. 78 of 2023)","slug":"statement-of-principles-concerning-tardive-dyskinesia-reasonable-hypothesis-no-78-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442069,"registerId":"F2023L01180-fast-fetch-1775957182735","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning tardive dyskinesia (Reasonable Hypothesis) (No. 78 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 (Reasonable Hypothesis)\n\n(No. 78 of 2023)\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 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 (Reasonable Hypothesis) (No. 78 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(2) of the Veterans' Entitlements Act 1986.\n\n4 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\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\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that tardive dyskinesia and death from tardive dyskinesia 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\n8 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 tardive dyskinesia or death from tardive dyskinesia 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 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 antiemetic medication use or within 4 weeks of withdrawal from an antiemetic medication;\n\n(3) taking anticholinergic medications that cannot be ceased or substituted at the time of the clinical worsening of tardive dyskinesia;\n\n(4) 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 factors set out in subsections 8(3) and 8(4) apply 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(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 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) 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 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":5,"scope_assessment":{"changed":false,"description":"The instrument sets out the scope and evidentiary factors for linking tardive dyskinesia to relevant service. The text itself narrows and clarifies the clinical definition (vs ICD coding) and lists exclusions and specific drug/timing rules (s6, s8), but it does not indicate a departure from an earlier stated intent or a broader change in statutory application; it simply defines the circumstances for raising a reasonable hypothesis under the VEA/MRCA framework."},"complexity_factors":["Medical-definition complexity: uses DSM‑5‑TR criteria and medical timing thresholds rather than relying solely on ICD codes (s6(2)–(3)).","Age- and drug-specific exposure rules: different minimum continuous use periods for under-60s and 60+ and separate rules for oral vs long-acting injectable antipsychotics (s6(2)(a)(iii), s6(2)(a)(iv), s8(1)).","Multiple drug classes and timing windows: covers antipsychotics, certain antiemetics and buspirone with distinct onset/withdrawal windows (s8(1)–(2)).","Express exclusions: several alternative causes and movement disorders are excluded, requiring differential diagnosis (s6(2)(b)).","Interplay with other Statements: factors may refer to injuries/diseases governed by other Statements of Principles, requiring cross-reference (s10).","Causation standard: establishes a 'reasonable hypothesis' threshold tied to 'relevant service', not definitive causation, shifting evidentiary burden to show relation to service (s7, s8, s9).","Death linkage: includes death from a terminal event contributed to by tardive dyskinesia and defines terminal events concretely (s6(5); Schedule 1).","Administrative/legal references: application limited to claims under specific VEA/MRCA sections and produced under s196B(2), so claim-handling depends on statutory claim processes (s3–s5)."],"plain_english_summary":"This Statement of Principles, set by the Repatriation Medical Authority, defines when tardive dyskinesia (and death from it) can be treated as possibly connected to a person’s relevant service for claims under the VEA or MRCA. It prescribes DSM‑5‑TR‑based clinical criteria, age- and drug-specific exposure durations, timing windows for onset or withdrawal, and explicit exclusions, so that meeting these factors raises a ‘reasonable hypothesis’ for entitlement consideration."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a standard Statement of Principles instrument of the kind regularly made under section 196B of the Veterans' Entitlements Act 1986. It follows the established template for determining medical eligibility for specific conditions. The scope remains tightly focused on establishing the causal connection between tardive dyskinesia and military service, which is the sole purpose of these instruments."},"complexity_factors":["Multiple nested time thresholds (3 months vs 1 month depending on age)","Conditional logic distinguishing between causation (factors 1-2) and aggravation (factors 3-4)","Cross-references to external medical classification systems (DSM-5-TR, ICD-10-AM)","Specific medication naming requirements with precise pharmacological categories","Dual legislative framework application (VEA and MRCA)","Defined terms requiring dictionary consultation (6 definitions in Schedule 1)"],"plain_english_summary":"This instrument sets the medical test for when current and former Australian Defence Force members can claim compensation for tardive dyskinesia. Claims succeed only if the veteran meets specified medication‑related criteria (for example prolonged antipsychotic or certain anti‑nausea/anxiety drug exposure) or shows their condition worsened because they couldn’t stop/switch drugs or obtain timely treatment — the latter two only apply to service‑related worsening of pre‑existing TD."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-tardive-dyskinesia-reasonable-hypothesis-no-78-of-2023","history":"/api/acts/statement-of-principles-concerning-tardive-dyskinesia-reasonable-hypothesis-no-78-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-tardive-dyskinesia-reasonable-hypothesis-no-78-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-tardive-dyskinesia-reasonable-hypothesis-no-78-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-tardive-dyskinesia-reasonable-hypothesis-no-78-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-tardive-dyskinesia-reasonable-hypothesis-no-78-of-2023/documents"}}