{"id":"F2023L01425","name":"Statement of Principles concerning trochanteric bursitis (Balance of Probabilities) (No. 93 of 2023)","slug":"statement-of-principles-concerning-trochanteric-bursitis-balance-of-probabilities-no-93-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442134,"registerId":"F2023L01425-fast-fetch-1775957227134","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning trochanteric bursitis (Balance of Probabilities) (No. 93 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\nTROCHANTERIC BURSITIS (Balance of Probabilities)\n\n(No. 93 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 October 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 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 trochanteric bursitis (Balance of Probabilities) (No. 93 of 2023).\n\n2 Commencement\n\n This instrument commences on 28 November 2023.\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 trochanteric bursitis and gluteal tendinopathy No. 46 of 2015 (Federal Register of Legislation No. F2015L00011) made under subsections 196B(3) and (8) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 trochanteric bursitis and death from trochanteric bursitis.\n\nMeaning of trochanteric bursitis\n\n(2) For the purposes of this Statement of Principles, trochanteric bursitis means a symptomatic disease involving inflammation of the bursae around the greater trochanter of the hip.\n\nNote: Clinical manifestations of trochanteric bursitis typically include pain and tenderness in the region of the lateral hip or buttock that usually worsens with physical activity.\n\n(3) While trochanteric bursitis attracts ICD‑10‑AM code M70.6, in applying this Statement of Principles the meaning of trochanteric bursitis 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 trochanteric bursitis\n\n(5) For the purposes of this Statement of Principles, trochanteric bursitis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's trochanteric bursitis.\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 trochanteric bursitis and death from trochanteric bursitis 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, trochanteric bursitis or death from trochanteric bursitis is connected with the circumstances of a person's relevant service:\n\n(1) running or jogging an average of at least 60 kilometres per week for the 4 weeks before the clinical onset or clinical worsening of trochanteric bursitis;\n\n(2) undertaking weight bearing exercise involving repeated activity of the hip on the affected side for:\n\n(a) a minimum intensity of 5 METS; and\n\n(b) for at least 6 hours per week; and\n\nfor at least the 4 weeks before the clinical onset or clinical worsening of trochanteric bursitis;\n\nNote 1: Examples of weight bearing exercise involving repeated activity of the hip at a minimum intensity of 5 METS include marching, sustained brisk walking, climbing stairs, playing football, and dancing.\n\nNote: MET is defined in the Schedule 1 - Dictionary. \n\n(3) increasing the frequency, duration or intensity of activity involving the hip on the affected side:\n\n(a) by at least 100 percent; and\n\n(b) to a minimum intensity of 5 METs; and\n\n(c) for at least 4 hours per day;\n\nwithin the one week before the clinical onset or clinical worsening of trochanteric bursitis;\n\nNote: MET is defined in the Schedule 1 - Dictionary.\n\n(4) having direct trauma to the affected bursa within the 4 weeks before the clinical onset or clinical worsening of trochanteric bursitis;\n\nNote: direct trauma to the affected bursa is defined in the Schedule 1- Dictionary.\n\n(5) having surgery to the hip of the affected side within the 4 weeks before the clinical onset or clinical worsening of trochanteric bursitis;\n\n(6) having an infection of the affected bursa at the time of the clinical onset or clinical worsening of trochanteric bursitis;\n\n(7) having a systemic inflammatory disease before the clinical onset or clinical worsening of trochanteric bursitis;\n\nNote: systemic inflammatory disease is defined in the Schedule 1 - Dictionary.\n\n(8) having a significantly abnormal gait for at least the 4 weeks before the clinical onset or clinical worsening of trochanteric bursitis;\n\n(9) being obese at the time of the clinical onset or clinical worsening of trochanteric bursitis;\n\nNote: being obese is defined in the Schedule 1 – Dictionary.\n\n(10) inability to obtain appropriate clinical management for trochanteric bursitis before the clinical worsening of trochanteric bursitis.\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 clinical worsening aspects of factors set out in section 9 apply only to material contribution to, or aggravation of, trochanteric bursitis where the person's trochanteric bursitis 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\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\n being obese means having a Body Mass Index (BMI) of 30 or greater.\n\nNote: BMI is defined in the Schedule 1 – Dictionary.\n\n BMI means W/H2 where:\n\n W is the person's weight in kilograms; and\n\n H is the person's height in metres.\n\n direct trauma to the affected bursa means a discrete event involving the application of significant physical force to the affected bursa, that causes:\n\n(a) the development of symptoms and signs of pain and tenderness, and either altered mobility or range of movement of the hip. In the case of sustained unconsciousness or the masking of pain by analgesic medication, these symptoms and signs must appear on return to consciousness or the withdrawal of the analgesic medication; and\n\n(b) the persistence of these symptoms and signs for a period of at least 7 days following their onset, save for where medical intervention for the trauma to the affected bursa has occurred and that medical intervention involves one of the following:\n\n(i) immobilisation of the hip by splinting or similar external agent;\n\n(ii) injection of a corticosteroid or local anaesthetic into the hip; or\n\n(iii) surgery to the hip.\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, or 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 systemic inflammatory disease means:\n\n(a) rheumatoid arthritis;\n\n(b) polymyalgia rheumatica;\n\n(c) ankylosing spondylitis;\n\n(d) enteropathic spondyloarthropathy (arthritis associated with inflammatory bowel disease);\n\n(e) psoriatic arthropathy;\n\n(f) reactive arthritis; or\n\n(g) undifferentiated spondyloarthropathy;\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 trochanteric bursitis—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":6,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier combined Statement (No. 46 of 2015) and replaces it with a Statement focused on trochanteric bursitis alone (section 4; section 7). It introduces specific activity and medical-factor thresholds and timing windows for establishing service connection (section 9) and applies to claims under section 120B of the VEA or section 339 of the MRCA (section 5)."},"complexity_factors":["Medical and technical thresholds (e.g. 60 km/week running; 5 METs intensity; hours/week and hours/day requirements) create precise but technical evidentiary tests (section 9(1)–(3); Schedule 1 MET definition).","Temporal windows for clinical onset or worsening (mostly 4 weeks or 1 week) require tight timing evidence from medical records (sections 9 and 10).","Interaction with other Statements of Principles requires cross-referencing when a factor involves another covered disease (section 11).","Objective measurements required (BMI ≥ 30, MET conversion, running kilometres) impose evidentiary and compliance burdens on claimants (Schedule 1 definitions; section 9(1), (2), (9)).","Definitions with conditional exceptions (e.g. direct trauma persistence rule with medical intervention exceptions) add interpretation complexity for decision-makers (Schedule 1 direct trauma definition).","Legal relationship requirement that factors be ‘related to the relevant service’ introduces causation assessment and administrative discretion (section 10(1)).","Repeal of the earlier combined bursitis/gluteal tendinopathy instrument requires mapping legacy claims to the new, narrower framework (section 4)."],"plain_english_summary":"This Statement of Principles sets the medical tests the Repatriation Medical Authority will use to decide if trochanteric bursitis (and death from it) is related to a veteran’s or member’s service for claims under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004. It lists specific, measurable factors and timing windows—for example running volume, defined weight‑bearing activity thresholds in METs, recent hip trauma or surgery, infection, systemic inflammatory disease, abnormal gait, obesity, or lack of appropriate treatment—that must be met to link the condition to service."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2015 instrument covered both trochanteric bursitis AND gluteal tendinopathy. This 2023 instrument narrows the scope to trochanteric bursitis only, suggesting the Repatriation Medical Authority has decided to separate these conditions into distinct instruments (likely with different causal factors). This represents a deliberate unbundling of previously combined conditions rather than scope creep."},"complexity_factors":["Moderate definitional density: 9 defined terms in Schedule 1, including nested definitions (e.g., 'being obese' refers to BMI, which has its own formula)","Technical medical terminology: requires understanding of METS (metabolic equivalents), ICD-10-AM coding, and specific inflammatory diseases","Temporal precision requirements: multiple factors specify exact timeframes (4 weeks, 1 week, 7 days) that must be proven","Conditional logic in definitions: 'direct trauma' definition contains a nested exception (the 7-day persistence rule doesn't apply if specific medical interventions occurred)","Cross-referencing structure: section 11 creates dynamic incorporation of other Statements of Principles by reference","Dual statutory framework: operates across two different Acts (VEA and MRCA) with different service definitions"],"plain_english_summary":"This instrument sets the medical test for whether Australian veterans and current/former defence members can get compensation for trochanteric bursitis. Replacing a 2015 rule, it narrows coverage to trochanteric bursitis and requires proof, on the balance of probabilities, that one of 10 specified factors (examples: very high running load, repeated moderate‑intensity hip exercise, sudden activity spike, direct hip trauma, surgery/infection/inflammatory disease, abnormal gait or obesity, or untreated worsening) is service‑related."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-trochanteric-bursitis-balance-of-probabilities-no-93-of-2023","history":"/api/acts/statement-of-principles-concerning-trochanteric-bursitis-balance-of-probabilities-no-93-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-trochanteric-bursitis-balance-of-probabilities-no-93-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-trochanteric-bursitis-balance-of-probabilities-no-93-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-trochanteric-bursitis-balance-of-probabilities-no-93-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-trochanteric-bursitis-balance-of-probabilities-no-93-of-2023/documents"}}