{"id":"F2023L00475","name":"Statement of Principles concerning Wilson disease (Balance of Probabilities) (No. 48 of 2023)","slug":"statement-of-principles-concerning-wilson-disease-balance-of-probabilities-no-48-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441822,"registerId":"F2023L00475-fast-fetch-1775957018839","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning Wilson disease (Balance of Probabilities) (No. 48 of 2023)","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\nWILSON DISEASE (Balance of Probabilities)\n\n(No. 48 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 24 April 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 Wilson disease (Balance of Probabilities) (No. 48 of 2023).\n\n2 Commencement\n\n This instrument commences on 23 May 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 Wilson's disease No. 34 of 2015 (Federal Register of Legislation No. F2014L01849) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 Wilson disease and death from Wilson disease.\n\nMeaning of Wilson disease\n\n(2) For the purposes of this Statement of Principles, Wilson disease means a genetic disorder of copper metabolism, which involves impaired biliary copper excretion and toxic accumulation of copper in various organs of the body such as the liver and brain.\n\nDeath from Wilson disease\n\n(3) For the purposes of this Statement of Principles, Wilson disease, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's Wilson disease.\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 Wilson disease and death from Wilson disease 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, Wilson disease or death from Wilson disease is connected with the circumstances of a person's relevant service:\n\n(1) being pregnant at the time of the clinical worsening of Wilson disease;\n\n(2) inability to obtain appropriate clinical management for Wilson disease.\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 factors set out in subsections 9(1) and 9(2) apply only to material contribution to, or aggravation of, Wilson disease where the person's Wilson disease 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\n \n\nSchedule 1 - Dictionary \n\nNote: See Section 6\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 VEA means the Veterans' Entitlements Act 1986.\n\n Wilson disease—see subsection 7(2).\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose: establishing the specific factors for connecting Wilson disease to military service for compensation purposes. It replaces the 2015 version without expanding into new areas of law or medical conditions."},"complexity_factors":["Short, single-purpose instrument (approximately 3 pages)","Only 5 defined terms in the Dictionary (MRCA, relevant service, terminal event, VEA, Wilson disease)","Simple binary test structure: exactly 2 factors in section 9, either of which must be satisfied","Limited cross-referencing — only refers to parent Acts (VEA and MRCA) and other Statements of Principles in section 11","Clear conditional logic in section 10 limiting application to aggravation of pre-existing disease only","No nested exceptions or complex temporal requirements beyond the pregnancy and clinical management factors"],"plain_english_summary":"This instrument sets the legal test for Australian Defence Force members and veterans seeking compensation for Wilson disease: claimants must show, on the balance of probabilities, that service aggravated a pre‑existing genetic disorder by either pregnancy during clinical deterioration or an inability to obtain proper treatment while serving. It recognises aggravation (not causation) of the condition and confirms death from Wilson disease and its complications is covered."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the prior Statement (No. 34 of 2015) and reissues a Statement focused on Wilson disease for VEA/MRCA claims (s4, s5). Based solely on the text provided, it is not possible to determine whether the practical substantive scope (broader or narrower compensable coverage) changed compared with the 2015 instrument without a direct comparison of the two texts."},"complexity_factors":["Narrow, enumerated causation triggers (only two listed) reduce substantive medical complexity (see s9).","Interplay with service definitions and application rules under other statutes (VEA and MRCA referenced in ss3,5 and Schedule 1).","Requirement that a listed factor be related to 'relevant service' creates a legal link test beyond pure medical causation (ss9–10).","Cross-reference to other Statements of Principles can bring external conditions and tests into play (s11).","Defined technical terms and a specific list of terminal events add fixed interpretive points (s7(2) and Schedule 1).","Formal repeal and replacement of the 2015 Statement requires attention to transitional or precedent questions (s4)."],"plain_english_summary":"Creates the medical test the Repatriation Medical Authority uses to decide whether Wilson disease (including death from it) is connected to a veteran’s relevant service for VEA or MRCA claims. It repeals the 2015 Statement and commenced 23 May 2023.\n\nA claim is established on the balance of probabilities if at least one trigger exists (pregnancy at clinical worsening or inability to obtain appropriate clinical management) that is related to the person's service. It affects veterans and determines entitlement to benefits; applicants must show the factor and its service link."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-wilson-disease-balance-of-probabilities-no-48-of-2023","history":"/api/acts/statement-of-principles-concerning-wilson-disease-balance-of-probabilities-no-48-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-wilson-disease-balance-of-probabilities-no-48-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-wilson-disease-balance-of-probabilities-no-48-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-wilson-disease-balance-of-probabilities-no-48-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-wilson-disease-balance-of-probabilities-no-48-of-2023/documents"}}