{"id":"F2023L00474","name":"Statement of Principles concerning Wilson disease (Reasonable Hypothesis) (No. 47 of 2023)","slug":"statement-of-principles-concerning-wilson-disease-reasonable-hypothesis-no-47-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441820,"registerId":"F2023L00474-fast-fetch-1775957018817","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning Wilson disease (Reasonable Hypothesis) (No. 47 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 (Reasonable Hypothesis)\n\n(No. 47 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 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:
|\n| --- |\n|
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 (Reasonable Hypothesis) (No. 47 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(2) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning Wilson's disease No. 33 of 2015 (Federal Register of Legislation No. F2014L01847) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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\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\nThe Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that Wilson disease and death from Wilson disease 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\n9 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 Wilson disease or death from Wilson disease 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(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 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) 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 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":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument repeals the earlier Statement of Principles (No. 33 of 2015) and replaces it (s.4). However, from the text alone it continues to perform the same function — setting the factors that raise a reasonable hypothesis linking Wilson disease to relevant service for VEA/MRCA claims — and does not state any explicit expansion or contraction of scope compared with the prior instrument."},"complexity_factors":["Cross‑scheme application and statutory references to both the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 (ss.3,5; Schedule 1 definitions).","Legal qualification that the instrument addresses material contribution or aggravation only where Wilson disease was suffered or contracted before or during, but did not arise out of, relevant service (s.10(2)) — requires precise timing and causation findings.","Narrow, medically framed trigger factors (pregnancy‑related clinical worsening; inability to obtain appropriate clinical management) that demand clinical evidence and medico‑legal interpretation (s.9).","Interaction with other Statements of Principles where a factor refers to another injury or disease — necessitates cross‑referencing and applying external instrument terms (s.11).","Definition and application of 'death from Wilson disease' including contribution to a terminal event, which requires proximate/ultimate cause analysis with listed terminal events (s.7(3); Schedule 1 terminal event).","Repeal of the prior Statement (No. 33 of 2015) introduces administrative transition and potential comparison tasks for decision‑makers (s.4).","Ambiguity in what constitutes 'inability to obtain appropriate clinical management' creates evidentiary and implementation discretion for decision makers (s.9(2)).","Short instrument length but dependence on medical judgment and factual inquiries increases adjudicative complexity despite legislative simplicity."],"plain_english_summary":"This instrument replaces the earlier Statement and sets the test for when Wilson disease (a genetic copper‑metabolism disorder) can be reasonably hypothesised to be linked to a person’s military service for VEA and MRCA claims. It identifies two trigger factors — pregnancy at the time of clinical worsening, and inability to obtain appropriate clinical management — which, if related to the person's relevant service, can support a claim for material contribution or aggravation where the disease pre‑existed or began during service (see ss.5,7–10)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow scope as its 2015 predecessor. It addresses only the specific question of service connection for Wilson disease compensation, with the same two-factor test (pregnancy and inability to obtain treatment). The 2023 version appears to be a routine republication or minor update rather than an expansion of scope."},"complexity_factors":["Short document (approximately 1,500 words)","Only 5 defined terms in the Dictionary (MRCA, relevant service, terminal event, VEA, Wilson disease)","Simple binary structure: two factors only (pregnancy or inability to obtain treatment)","Single cross-reference mechanism in section 11 (referencing other Statements of Principles)","One clear limitation clause in section 10(2) restricting application to aggravation of pre-existing disease","No nested exceptions or conditional logic beyond the basic 'at least one factor' requirement"],"plain_english_summary":"This instrument sets the rules for when Australian veterans and defence members can get compensation for worsening of pre‑existing Wilson disease linked to service, replacing the 2015 instrument. It applies to claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 for those who served in operations, peacekeeping, hazardous service, or nuclear tests.\n\nCompensation is available where service contributed to a clinical worsening — notably pregnancy during service or inability to access appropriate medical treatment — but not where service caused the genetic disease."},"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-wilson-disease-reasonable-hypothesis-no-47-of-2023","history":"/api/acts/statement-of-principles-concerning-wilson-disease-reasonable-hypothesis-no-47-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-wilson-disease-reasonable-hypothesis-no-47-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-wilson-disease-reasonable-hypothesis-no-47-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-wilson-disease-reasonable-hypothesis-no-47-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-wilson-disease-reasonable-hypothesis-no-47-of-2023/documents"}}