{"id":"F2022L00269","name":"Statement of Principles concerning vaccine-induced thrombotic thrombocytopaenia (Balance of Probabilities) (No. 34 of 2022)","slug":"statement-of-principles-concerning-vaccine-induced-thrombotic-thrombocytopaenia-balance-of-probabili","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441260,"registerId":"F2022L00269-fast-fetch-1775956617233","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning vaccine-induced thrombotic thrombocytopaenia (Balance of Probabilities) (No. 34 of 2022)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nVACCINE-INDUCED THROMBOTIC THROMBOCYTOPAENIA (Balance of Probabilities)\n\n(No. 34 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 4 March 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:
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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 vaccine-induced thrombotic thrombocytopaenia (Balance of Probabilities) (No. 34 of 2022).\n\n2 Commencement\n\n This instrument commences on 4 April 2022.\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 vaccine-induced thrombotic thrombocytopaenia and death from vaccine-induced thrombotic thrombocytopaenia.\n\nMeaning of vaccine-induced thrombotic thrombocytopaenia\n\n(2) For the purposes of this Statement of Principles, vaccine-induced thrombotic thrombocytopaenia means a disorder of coagulation in which there is formation of blood clots in the vascular system in association with a low platelet count, in a person with no exposure to heparin within the previous 30 days.\n\nNote 1: Vaccine-induced thrombotic thrombocytopaenia (VITT) is also known as vaccine-induced immune thrombotic thrombocytopaenia and thrombosis with thrombocytopaenia syndrome.\n\nNote 2: Platelet counts are typically below 150,000 per microlitre, but some patients with platelet levels within the normal range may have had, or later will have, a significant drop in platelet levels, or may have the diagnosis confirmed by the presence of other clinical features that are typical of vaccine-induced thrombotic thrombocytopaenia.\n\nNote 3: Thrombosis often occurs in locations which are unusual for other kinds of thrombotic disorders, including the cerebral venous sinuses, the portal vein and the splenic vein. Patients may concurrently or separately have thrombosis or embolism in more common locations, including venous thromboembolism (for example, deep vein thrombosis and pulmonary thromboembolism) and arterial thromboembolism (for example, acute myocardial infarction and ischaemic cerebrovascular accident).\n\nNote 4: The diagnosis of vaccine-induced thrombotic thrombocytopaenia is supported by evidence of thrombosis on imaging, elevated D-dimer levels, low fibrinogen levels, detection of antibodies against platelet factor 4–polyanion complexes or detection of platelet-activating antibodies on functional testing.\n\nDeath from vaccine-induced thrombotic thrombocytopaenia\n\n(3) For the purposes of this Statement of Principles, vaccine-induced thrombotic thrombocytopaenia, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's vaccine-induced thrombotic thrombocytopaenia.\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 vaccine-induced thrombotic thrombocytopaenia and death from vaccine-induced thrombotic thrombocytopaenia 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, vaccine-induced thrombotic thrombocytopaenia or death from vaccine-induced thrombotic thrombocytopaenia is connected with the circumstances of a person's relevant service:\n\n(1) having received an adenovirus vector coronavirus disease 2019 (COVID-19) vaccine within the 100 days before the clinical onset of vaccine-induced thrombotic thrombocytopaenia;\n\nNote: Examples of adenovirus vector COVID-19 vaccines include: \n\n(a) Ad26.COV2.S (Janssen COVID-19 Vaccine);\n\n(b) ChAdOx1 nCoV-19 (Vaxevria, Oxford/Astra-Zeneca);\n\n(c) Gam-COVID-Vac (Sputnik V, Sputnik Light); and\n\n(d) AD5-nCOV (Convidecia).\n\n(2) inability to obtain appropriate clinical management for vaccine-induced thrombotic thrombocytopaenia.\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(2) applies only to material contribution to, or aggravation of, vaccine-induced thrombotic thrombocytopaenia where the person's vaccine-induced thrombotic thrombocytopaenia 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 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 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 vaccine-induced thrombotic thrombocytopaenia—see subsection 6(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 defines medical criteria linking VITT (and death from VITT) to 'relevant service' for specified claims. The text does not state or indicate that it expands or narrows a previously existing scope; it functions as a Statement of Principles under subsection 196B(3) and sets criteria to be applied to claims under the named provisions."},"complexity_factors":["Cross-reference to other statutes and claims processes (applies only to claims under VEA s120B or MRCA s339) increases administrative context and procedural complexity (s.4).","Medical and diagnostic detail (definition of VITT, platelet counts, unusual thrombosis sites, laboratory markers) requires clinical evidence and expert interpretation (s.6 and Notes).","Strict temporal causation window for vaccine exposure (100 days) creates a bright‑line but potentially contentious timing rule (s.8(1)).","Evidentiary standard and source of authority: 'balance of probabilities' coupled with reliance on 'sound medical‑scientific evidence' frames legal proof and expert burden (s.7).","Limited and conditional non‑vaccine factor (inability to obtain appropriate clinical management) raises questions about proof of access to care and its temporal relation to service (s.8(2), s.9(2)).","Interaction with other Statements of Principles requires cross‑application where overlapping injuries or diseases exist, adding interpretive complexity (s.10).","Definitions of 'relevant service' and 'terminal event' require mapping clinical outcomes to service types, affecting eligibility assessments (Schedule 1)."],"plain_english_summary":"*This instrument sets the medical criteria that link vaccine‑induced thrombotic thrombocytopaenia (VITT) — and death from VITT — to 'relevant service' for veterans and Defence members claiming benefits. It applies to claims under the Veterans' Entitlements Act (s120B) or the Military Rehabilitation and Compensation Act (s339). To establish a service link, it requires, on the balance of probabilities, either receipt of an adenovirus‑vector COVID‑19 vaccine within 100 days before clinical onset, or inability to obtain appropriate clinical management.*"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains a narrow, specific scope focused solely on establishing the causal connection between vaccine-induced thrombotic thrombocytopaenia and service for compensation purposes. It does not expand beyond its original intent of creating a Statement of Principles for this single, narrowly defined medical condition."},"complexity_factors":["Short, focused instrument with only 10 operative sections plus a brief dictionary","Single medical condition with clearly defined clinical criteria in subsection 6(2)","Only 2 causal factors required (vaccination within 100 days, or inability to obtain treatment)","Minimal cross-referencing — primarily internal definitions and references to parent Acts (VEA and MRCA)","Straightforward conditional logic: 'at least one of the following factors must exist'","Limited defined terms (only 5 terms in Schedule 1: MRCA, relevant service, terminal event, VITT, VEA)","No nested exceptions or complex temporal layering beyond the 100-day window and 30-day heparin exclusion"],"plain_english_summary":"This instrument creates a medical rule treating vaccine‑induced thrombotic thrombocytopaenia (VITT) as service‑connected for veterans and current or former defence members who received certain adenovirus COVID‑19 vaccines within 100 days before developing VITT, or who were unable to obtain timely treatment because of their service. \n\nBy applying the \"balance of probabilities\" test, it establishes a presumed link for compensation claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, removing the need to prove causation independently."},"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-vaccine-induced-thrombotic-thrombocytopaenia-balance-of-probabili","history":"/api/acts/statement-of-principles-concerning-vaccine-induced-thrombotic-thrombocytopaenia-balance-of-probabili/history","analysis":"/api/acts/statement-of-principles-concerning-vaccine-induced-thrombotic-thrombocytopaenia-balance-of-probabili/analysis","conflicts":"/api/acts/statement-of-principles-concerning-vaccine-induced-thrombotic-thrombocytopaenia-balance-of-probabili/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-vaccine-induced-thrombotic-thrombocytopaenia-balance-of-probabili/important-cases","documents":"/api/acts/statement-of-principles-concerning-vaccine-induced-thrombotic-thrombocytopaenia-balance-of-probabili/documents"}}