Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 46 of 2024)
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Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 46 of 2024)
made under subsection 196B(3) of the
Veterans' Entitlements Act 1986
Compilation No. 1
Compilation date: 26 July 2024
Includes amendments: Amendment Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 59 of 2024) (F2024L00916)
The day of commencement of this Amendment Statement of Principles concerning cerebrovascular accident (stroke) is 26 July 2024.
About this compilation
This compilation
This is a compilation of the Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 46 of 2024) that shows the text of the law as amended and in force on 26 July 2024.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name
2 Commencement
3 Authority
4 Repeal
5 Application
6 Definitions
7 Kind of injury, disease or death to which this Statement of Principles relates
8 Basis for determining the factors
9 Factors that must exist
10 Relationship to service
11 Factors referring to an injury or disease covered by another Statement of Principles
Schedule 1 - Dictionary
1 Definitions
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name
This is the Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 46 of 2024).
2 Commencement
This instrument commences on 23 July 2024.
3 Authority
This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.
4 Repeal
The Statement of Principles concerning cerebrovascular accident No. 66 of 2015 (Federal Register of Legislation No. F2015L00653) made under subsections 196B(3) and (8) of the VEA is repealed.
5 Application
This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.
6 Definitions
The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.
7 Kind of injury, disease or death to which this Statement of Principles relates
(1) This Statement of Principles is about cerebrovascular accident (stroke) and death from cerebrovascular accident (stroke).
Meaning of cerebrovascular accident (stroke)
(2) For the purposes of this Statement of Principles, cerebrovascular accident (stroke):
(a) means a sudden loss of brain function due to brain ischaemia or intracerebral haemorrhage; and
(b) includes:
(i) transient ischaemic attack;
(ii) ischaemic stroke; and
(iii) intracerebral haemorrhage; and
(c) excludes:
(i) subclinical or asymptomatic cerebrovascular disease identified by neuroimaging ("silent stroke");
(ii) subarachnoid haemorrhage;
(iii) subdural haemorrhage; and
(iv) extradural haemorrhage.
Note: brain ischaemia and intracerebral haemorrhage are defined in the Schedule 1 - Dictionary.
(3) While cerebrovascular accident (stroke) attracts ICD‑10‑AM codes I61, I63, I64, G45.0, G45.1, G45.2, G45.8, G45.9 or G46, in applying this Statement of Principles the meaning of cerebrovascular accident (stroke) is that given in subsection (2).
(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.
Death from cerebrovascular accident (stroke)
(5) For the purposes of this Statement of Principles, cerebrovascular accident (stroke), in relation to a person, includes death from a terminal event or condition that was contributed to by the person's cerebrovascular accident (stroke).
Note: terminal event is defined in the Schedule 1 – Dictionary.
8 Basis for determining the factors
On the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that cerebrovascular accident (stroke) and death from cerebrovascular accident (stroke) can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.
Note: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.
9 Factors that must exist
At least one of the following factors must exist before it can be said that, on the balance of probabilities, cerebrovascular accident (stroke) or death from cerebrovascular accident (stroke) is connected with the circumstances of a person's relevant service:
(1) having hypertension within the 5 years before clinical onset;
(2) having a hypertensive emergency or crisis at the time of clinical onset;
Note: hypertensive emergency or crisis is defined in the Schedule 1 - Dictionary.
(3) inability to undertake any physical activity greater than three METs for at least 5 years within the 20 years before clinical onset.
Note: MET is defined in the Schedule 1 - Dictionary.
(4) consuming alcohol in an amount of at least 300 grams per week, for at least the 1 year before clinical onset;
(5) for brain ischaemia only, binge drinking 300 grams of alcohol within the 7 days before clinical onset;
(6) for intra-cerebral haemorrhage only, binge drinking:
(a) 90 grams of alcohol within the 24 hours before clinical onset; or
(b) 180 grams of alcohol within the 7 days before clinical onset;
(7) having one of the following brain infections within the 4 weeks before clinical onset:
(j) primary angiitis of the central nervous system;
(k) polyarteritis nodosa;
(l) Takayasu arteritis; or
(m) thromboangiitis obliterans (Buerger disease);
(12) having one of the following vessel disorders at the time of clinical onset:
(a) atheroma of the penetrating arteries that arise from the vertebral artery, the basilar artery, the middle cerebral artery stem, and the arteries of the circle of Willis;
(b) cerebral amyloid angiopathy;
(c) cerebral arteriolosclerosis;
(d) cerebral venous thrombosis;
(e) Moyamoya disease or Moyamoya syndrome;
(f) Susac syndrome (retinocochleocerebral vasculopathy); or
(g) Sneddon syndrome;
(13) having thrombotic thrombocytopaenic purpura, sickle cell disorder or vaccine-induced thrombotic thrombocytopaenia at the time of clinical onset;
(14) being pregnant within the 6 weeks before clinical onset;
(15) using one or more of the following drugs within the 72 hours before clinical onset:
(a) amphetamines and amphetamine-type substances, excluding methylphenidate;
(b) cocaine;
(c) opioids, including heroin;
(d) marijuana;
(16) taking a non-topical, non-steroidal, anti-inflammatory drug, excluding aspirin, for a continuous period of at least 30 days before clinical onset, where the last dose of the drug was taken within the 7 days before clinical onset;
Note: non-steroidal, anti-inflammatory drug is defined in the Schedule 1 - Dictionary.
(17) having heat stroke at the time of clinical onset;
Note: heat stroke is defined in the Schedule 1 - Dictionary.
(18) being envenomated by a snake, scorpion, box jellyfish, bee, hornet or wasp within the 5 days before clinical onset;
(19) having active migraine at the time of clinical onset;
Note: active migraine is defined in the Schedule 1 - Dictionary.
(20) having diabetes mellitus at the time of clinical onset;
(21) having one of the following cardiac conditions with potential to give rise to a cerebral embolus within the 4 four weeks before clinical onset:
(a) a prosthetic mitral or aortic valve;
(b) acute myocardial infarction;
(c) atrial fibrillation and atrial flutter;
(d) atrial septal aneurysm;
(e) calcification of the mitral or aortic valve;
(f) cardiac hydatid cysts;
(g) cardiomyopathy;
(h) congestive cardiac failure;
(i) endocarditis;
(j) ischaemic, valvular, arrhythmogenic and hypertensive cardiomyopathy;
(k) Lambl’s excrescences of the mitral or aortic valve;
(l) left atrial aneurysm or dilatation;
(m) left ventricular aneurysm;
(n) left ventricular dyskinesia;
(o) mitral valve prolapse;
(p) primary or secondary cardiac tumours;
(q) regurgitation of the mitral or aortic valve;
(r) rheumatic heart disease;
(s) sick sinus syndrome;
(t) stenosis of the mitral or aortic valve;
(u) thrombus within the left atrium or left ventricle; or
(v) valvulitis of the mitral or aortic valve;
(22) having one of the following non-cardiac causes of cerebral arterial embolism at the time of clinical onset;
(f) thrombus formation within the pulmonary vein, or arteries supplying the affected area of the brain;
(23) having a deep vein thrombosis or venous air embolism with one of the following anatomical defects at the time of clinical onset:
(a) atrial septal defect;
(b) patent foramen ovale;
(c) pulmonary arteriovenous fistula; or
(d) ventricular septal defect.
Note: Examples of circumstances where venous air embolism may occur include air bubble echocardiogram, sclerotherapy for varicose veins or removal of a central venous catheter.
(24) undergoing one of the following procedures within the 4 weeks before clinical onset:
(a) cardiac surgery or cardiac catheterisation;
(b) catheterisation of or injection into the arteries supplying the brain;
(c) major surgical procedure involving general or regional anaesthesia, including orthopaedic surgery or neurosurgery; or
(d) surgery involving the arteries supplying the brain, including carotid endarterectomy;
(25) having septicaemia or an infection requiring admission to hospital within the 3 months before clinical onset;
(26) having an injury or illness requiring admission to an intensive care unit or artificial ventilation, within the 3 months before clinical onset;
(27) having a malignant neoplasm, excluding non-melanotic malignant neoplasm of the skin, within the 6 months before clinical onset;
(28) having cirrhosis of the liver or chronic liver disease at the time of clinical onset;
(29) having chronic kidney disease before clinical onset;
Note: chronic kidney disease is defined in the Schedule 1 – Dictionary.
(30) experiencing a moderate to severe traumatic brain injury within the 6 months before clinical onset;
(31) being obese for at least 5 years within the 10 years before clinical onset;
Note: being obese is defined in the Schedule 1 – Dictionary.
(32) for males, having a waist to hip circumference ratio exceeding 1.0 for at least five years within the 10 years before the clinical onset;
(33) for females, having a waist to hip circumference ratio exceeding 0.9 for at least five years within the 10 years before clinical onset;
(34) having clinically significant depressive disorder within the 1 year before clinical onset;
Note: clinically significant is defined in the Schedule 1 – Dictionary.
(35) having clinically significant posttraumatic stress disorder within the 1 year before clinical onset;
Note: clinically significant is defined in the Schedule 1 – Dictionary.
(36) having periodontitis for at least the 2 years before clinical onset;
(37) an inability to consume an average of at least 100 grams per day of vegetables or fruits, for at least the 1 year before clinical onset;
(38) having infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) within the 3 months before clinical onset;
Note: SARS-CoV-2 is the virus which causes coronavirus disease 2019 (COVID-19).
(39) for brain ischaemia only, where smoking has not ceased before clinical onset:
(a) smoking an average of at least 1 cigarette per day, or the equivalent thereof in other tobacco products, for at least the 1 year before clinical onset; or
(b) smoking at least one half of one pack-year before clinical onset;
Note: one pack-year is defined in the Schedule 1 - Dictionary.
(40) for intracerebral haemorrhage only, where smoking has not ceased before clinical onset:
(a) smoking an average of at least 5 cigarettes per day, or the equivalent thereof in other tobacco products, for at least the 1 year before clinical onset; or
(b) smoking at least one pack-year before clinical onset;
Note: one pack-year is defined in the Schedule 1 - Dictionary.
(41) for brain ischaemia only, where smoking has ceased before clinical onset:
(a) smoking at least one pack-year but less than 5 pack-years, before clinical onset and clinical onset occurred within 10 years of smoking cessation; or
(b) smoking at least 5 pack-years but less than 20 pack-years and clinical onset occurred within 15 years of smoking cessation; or
(c) smoking at least 20 pack-years before clinical onset;
Note: one pack-year is defined in the Schedule 1 - Dictionary.
(42) for intracerebral haemorrhage only, where smoking has ceased before the clinical onset of cerebrovascular accident:
(a) smoking at least 2 pack-years but less than 10 pack-years of cigarettes, or the equivalent thereof in other tobacco products, before the clinical onset of cerebrovascular accident, and the clinical onset of cerebrovascular accident has occurred within 5 years of smoking cessation; or
(b) smoking at least 10 pack-years of cigarettes, or the equivalent thereof in other tobacco products, before the clinical onset of cerebrovascular accident, and the clinical onset of cerebrovascular accident has occurred within 10 years of smoking cessation;
Note: one pack-year is defined in the Schedule 1 - Dictionary.
(43) having been exposed to second-hand smoke:
(a) for at least 10,000 hours before clinical onset; and
(b) where the last exposure to second-hand smoke occurred within the 5 years before clinical onset;
Note: exposed to second-hand smoke is defined in the Schedule 1 – Dictionary.
(44) for brain ischaemia only, having dyslipidaemia within the 20 years before clinical onset;
Note: dyslipidaemia is defined in the Schedule 1 - Dictionary.
(45) having an upper respiratory tract infection, including sinusitis, within the 4 weeks before clinical onset;
(46) for brain ischaemia only, being treated with intravenous immunoglobulin within the 72 hours before clinical onset;
(47) for brain ischaemia only, taking combined oral estrogen-progestogen contraception for a continuous period of at least 21 days, within the 4 weeks before clinical onset;
(48) for brain ischaemia only, taking hormone replacement therapy for a continuous period of at least 21 days within the 2 years before clinical onset;
Note: hormone replacement therapy is defined in the Schedule 1 - Dictionary.
(49) for brain ischaemia only, taking tamoxifen for a continuous period of at least the 21 days before clinical onset;
(50) for brain ischaemia only, having carotid artery disease, or occlusion or stenosis of the vertebral artery, basilar artery, aortic arch or ascending aorta due to atherosclerosis, fibromuscular dysplasia, dissection or other pathological process involving that artery, at the time of clinical onset;
(51) for brain ischaemia only, having a subarachnoid haemorrhage within the 2 weeks before clinical onset;
(52) for brain ischaemia only, having one of the following hypercoagulable states at the time of clinical onset:
(a) acquired activated protein C resistance;
(b) acquired antithrombin III deficiency;
(c) acquired dysfibrinogenaemia;
(d) acquired protein C deficiency;
(e) acquired protein S deficiency;
(f) antiphospholipid antibody syndrome;
(g) disseminated intravascular coagulation;
(h) haemolytic uraemic syndrome;
(i) heparin-induced thrombocytopaenia;
(j) hyperfibrinogenaemia;
(k) hyperproteinaemia;
(l) hyperviscosity syndrome;
(m) chronic idiopathic thrombocytopaenic purpura or immune thrombocytopaenia;
(n) myeloma;
(o) myeloproliferative disease;
(p) nephrotic syndrome;
(q) paroxysmal nocturnal haemoglobinuria; or
(r) thrombocytosis;
(53) for brain ischaemia only, experiencing an acute hypotensive episode within the 24 hours before clinical onset;
Note: acute hypotensive episode is defined in the Schedule 1 - Dictionary.
(54) for brain ischaemia only, having sleep apnoea at the time of clinical onset;
(55) undergoing a course of therapeutic radiation for cancer, where the head, neck or mediastinum was in the field of radiation, before clinical onset;
(56) having received a cumulative equivalent dose of at least 1 sievert of ionising radiation to the head, neck or mediastinum before the clinical onset;
Note: cumulative equivalent dose is defined in the Schedule 1 - Dictionary.
(57) for brain ischaemia only, having hyperhomocysteinaemia at the time of clinical onset;
(58) for brain ischaemia only, having one of the following traumatic injuries to the neck or the base of the skull within the 4 weeks before clinical onset:
(a) a non-penetrating injury, involving extension, rotation, hyperflexion or compression of the neck;
(b) an injury resulting in fracture or dislocation of the cervical spine;
(c) a penetrating injury to the neck or the base of the skull;
(d) foreign body penetration or blunt injury of an artery within the head, neck or chest;
(59) for brain ischaemia only, inhaling chronically polluted air for at least 1000 hours, within the 5 years before clinical onset;
Note: chronically polluted air is defined in the Schedule 1 – Dictionary.
(60) for intracerebral haemorrhage only, undergoing anticoagulant therapy within the 30 days before clinical onset;
Note: anticoagulant therapy is defined in the Schedule 1 – Dictionary.
(61) for intracerebral haemorrhage only, taking one of the following antiplatelet drugs on at least 3 days per week for a continuous period of at least 4 weeks before clinical onset, where the last dose was taken no more than 30 days before clinical onset:
(a) aspirin;
(b) clopidogrel;
(c) prasugrel; or
(d) ticagrelor;
(62) for intracerebral haemorrhage only, undergoing thrombolytic (fibrinolytic) therapy within the 7 days before clinical onset;
Note: thrombolytic (fibrinolytic) therapy is defined in the Schedule 1 - Dictionary.
(63) for intracerebral haemorrhage only, having one of the following disorders at the time of clinical onset:
(a) aplastic anaemia;
(b) idiopathic thrombocytopaenic purpura or immune thrombocytopaenia;
(c) disseminated intravascular coagulation;
(d) essential thrombocythaemia;
(e) Hodgkin lymphoma;
(f) inherited or acquired coagulation protein disorder, including haemophilia;
(g) leukaemia;
(h) myeloma;
(i) non-Hodgkin lymphoma;
(j) post-transfusion purpura;
(k) qualitative platelet defects associated with coagulation defect;
(l) thrombocytopaenia; or
(m) vitamin K deficiency;
(64) for intracerebral haemorrhage only, bleeding of one of the following intracerebral space occupying lesions at the time of the clinical onset:
(a) abscess;
(b) cyst;
(c) neoplasm; or
(d) tuberculoma;
(65) for cerebral ischaemia only, having compression of the carotid, vertebral, basilar or cerebral artery at the time of clinical onset;
Note: Examples of a mass or structure that can cause compression include osteophytes associated with cervical spondylosis (especially with rotation of the neck beyond 45 degrees), an abscess, haematoma or neoplasm in the neck.
(66) for intracerebral haemorrhage only, bleeding from a cerebral aneurysm or a cerebral vascular malformation at the time of clinical onset;
(67) taking an antipsychotic drug on more days than not for at least one week, within the 6 months before clinical onset;
(68) taking tibolone for a continuous period of at least 21 days within the 2 months before clinical onset;
(69) taking a systemic vascular endothelial growth factor (VEGF) inhibitor or monthly intra-vitreous injections of a VEGF inhibitor within the 4 months before clinical onset;
Note: Vascular endothelial growth factor (VEGF) inhibitors include monoclonal antibodies, such as bevacizumab; fusion molecules such as aflibercept; and tyrosine kinase inhibitors, such as axitinib, cabozantinib, lenvatinib, nintedanib, pazopanib, sorafenib, sunitinib and vandetanib. Systemic VEGF inhibitors are used in the treatment of several cancers, and other indications such as interstitial lung disease. Intra-vitreous injections of VEGF inhibitors (such as aflibercept, bevacizumab, ranibizumab) are used mostly in the treatment of age-related macular degeneration, macular oedema due to diabetes mellitus or retinal vein occlusion and choroidal neovascularisation.
(70) taking alemtuzumab within the 30 days before clinical onset;
Note: Alemtuzumab is usually used for treatment of multiple sclerosis or chronic lymphocytic leukaemia.
(71) taking ponatinib on more days than not for 2 weeks within the 30 days before clinical onset;
Note: Ponatinib is usually used for treatment of chronic myeloid leukaemia or acute lymphoblastic leukaemia.
(72) taking a thalidomide analogue within the 30 days before clinical onset;
Note: a thalidomide analogue includes thalidomide, lenalidomide and pomalidomide and are used in the treatment of multiple myeloma, myelodysplastic syndrome, mantle cell lymphoma and erythema nodosum leprosum.
(73) inability to obtain appropriate clinical management for cerebrovascular accident (stroke) prior to clinical worsening.
10 Relationship to service
(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.
(2) The factor set out in subsection 9(73) applies only to material contribution to, or aggravation of, cerebrovascular accident (stroke) which was suffered or contracted before or during (but did not arise out of) the person's relevant service.
11 Factors referring to an injury or disease covered by another Statement of Principles
In this Statement of Principles:
(1) if a factor referred to in section 9 applies in relation to a person; and
(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;
then 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.
Schedule 1 - Dictionary
Note: See Section 6
1 Definitions
In this instrument:
active migraine means having at least one migraine headache per year.
acute hypotensive episode means a sudden drop in blood pressure of a sufficient degree to cause cerebral hypoperfusion.
anticoagulant therapy means therapeutic administration of a pharmacological agent which suppresses, delays or attenuates blood coagulation, including heparin, warfarin, dicumarol, or direct oral anticoagulants (such as dabigatran, apixaban, rivaroxaban), but excludes antiplatelet therapy.
being obese means having a Body Mass Index (BMI) of 30 or greater.
Note: BMI is defined in the Schedule 1 - Dictionary.
being underweight means having a Body Mass Index (BMI) of 18.5 or less;
Note: BMI is defined in the Schedule 1 – Dictionary.
BMI means W/H2 where:
(a) W is the person’s weight in kilograms; and
(b) H is the person’s height in metres.
brain ischaemia means a reduction or interruption of blood supply to an area of the cerebrum, diencephalon, brain stem or cerebellum, leading to dysfunction of the brain tissue in that area.
chronically polluted air means air with average annual concentrations of
(a) particulate matter with an aerodynamic diameter of less than 2.5 micrometres (PM2.5) exceeding 30 micrograms per metre cubed; or
(b) particulate matter with an aerodynamic diameter less than 10 micrometres (PM10) exceeding 150 micrograms per metre cubed.
chronic kidney disease means:
(a) having a glomerular filtration rate of less than 60 ml/min/1.73 m2 for at least 3 months;
(b) having albuminuria with an albumin to creatinine ratio of at least 3 milligrams/millimole for at least 3 months;
(c) having kidney damage, as evidenced by renal biopsy, imaging studies, urinary sediment abnormalities or other markers of abnormal renal function; or
(d) having had a kidney transplant.
clinically significant means sufficient to warrant ongoing management which may involve regular visits (for example, at least monthly) to a psychiatrist, counsellor or general practitioner.
Note: To warrant ongoing management does not require that any actual management was received or given for the condition.
cumulative equivalent dose means the total dose of ionising radiation received by the particular organ or tissue. The formula used to calculate the cumulative equivalent dose allows doses from multiple types of ionising radiation to be combined, by accounting for their differing biological effect. The unit of equivalent dose is the sievert. For the purposes of this Statement of Principles, the calculation of cumulative equivalent dose excludes doses received from normal background radiation, but includes therapeutic radiation, diagnostic radiation, cosmic radiation at high altitude, radiation from occupation-related sources and radiation from nuclear explosions or accidents.
dyslipidaemia means persistently abnormal blood lipid levels, diagnosed by a medical practitioner and evidenced by:
(a) a serum high density lipoprotein cholesterol level less than 1.0 mmol/L;
(b) a serum low density lipoprotein level greater than 4.0 mmol/L;
(c) a serum triglyceride level greater than 2.0 mmol/L; or
(d) a total serum cholesterol level greater than 5.5 mmol/L;
exposed to second-hand smoke means having been in an enclosed space and inhaling smoke from burning tobacco products or smoke that has been exhaled by another person who is smoking.
heat stroke means central nervous system and multiple organ dysfunction from complications of hyperthermia.
hormone replacement therapy means administration of estrogen preparations often in combination with progestogen, usually to offset a hormone deficiency following surgically induced or naturally occurring menopause.
hypertensive emergency or crisis, also known as malignant hypertension, means a sudden and severe increase in blood pressure to a diastolic blood pressure greater than or equal to 110 mm Hg or a systolic blood pressure greater than or equal to 180 mm Hg, or of a sufficient degree to cause acute impairment to one or more organ systems.
intracerebral haemorrhage means bleeding within the ventricles or parenchyma of the cerebrum, diencephalon, brain stem or cerebellum, including haemorrhagic transformation of cerebral ischaemia.
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.
MRCA means the Military Rehabilitation and Compensation Act 2004.
non-steroidal, anti-inflammatory drug means any of a large chemically heterogeneous group of drugs that inhibit cyclooxygenase activity, resulting in decreased synthesis of prostaglandin and thromboxane precursors from arachidonic acid. In addition to anti-inflammatory actions, they have analgesic, antipyretic, and platelet inhibitory actions.
one pack-year means the amount of tobacco consumed in smoking 20 cigarettes per day for a period of 1 year, or an equivalent amount of tobacco products.
Note 1: An equivalent amount of tobacco products is 7,300 grams of smoking tobacco by weight, either in cigarettes, pipe tobacco or cigars, or a combination of same. For pipe tobacco, cigars or combinations of multiple tobacco types, 1 gram of tobacco is considered to be equal to one cigarette.
Note 2: Pack-years are calculated by dividing the number of cigarettes smoked per day by 20 and multiplying this number by the number of years the person has smoked. For example, smoking 10 cigarettes per day for 10 years is equal to 5 pack-years, and smoking 40 cigarettes per day for 10 years is equal to 20 pack-years.
relevant service means:
(a) eligible war service (other than operational service) under the VEA;
(b) defence service (other than hazardous service and British nuclear test defence service) under the VEA; or
(c) peacetime service under the MRCA.
Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.
terminal event means the proximate or ultimate cause of death and includes the following:
(a) pneumonia;
(b) respiratory failure;
(c) cardiac arrest;
(d) circulatory failure; or
(e) cessation of brain function.
thrombolytic (fibrinolytic) therapy means therapeutic administration of a pharmacological agent in order to dissolve a thrombus, retard fibrin deposition on established thrombi or prevent the formation of new thrombi, and includes agents such as streptokinase, urokinase, tissue plasminogen activator, prourokinase, acyl-SK-plasminogen, anistreplase, alteplase, defibrotide, duteplase, lanoteplase, monteplase, nasaruplase, saruplase, staphylokinase or reteplase;
VEA means the Veterans' Entitlements Act 1986.
Note: Endnotes
Note: Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Note: Endnote 2—Abbreviation key
ad = added or inserted
orig = original
am = amended
par = paragraph(s)/subparagraph(s)
amdt = amendment
/sub‑subparagraph(s)
c = clause(s)
pres = present
C[x] = Compilation No. x
prev = previous
Ch = Chapter(s)
(prev…) = previously
def = definition(s)
Pt = Part(s)
Dict = Dictionary
r = regulation(s)/rule(s)
disallowed = disallowed by Parliament
reloc = relocated
Div = Division(s)
renum = renumbered
exp = expires/expired or ceases/ceased to have
rep = repealed
effect
rs = repealed and substituted
F = Federal Register of Legislation
s = section(s)/subsection(s)
gaz = gazette
Sch = Schedule(s)
LA = Legislation Act 2003
Sdiv = Subdivision(s)
LIA = Legislative Instruments Act 2003
SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment
SR = Statutory Rules
cannot be given effect
Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification
SubPt = Subpart(s)
No. = Number(s)
underlining = whole or part not
o = order(s)
commenced or to be commenced
Ord = Ordinance
Note: Endnote 3—Legislation history
Name
Registration
Commencement
Application, saving and transitional provisions
Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 46 of 2024)
2 July 2024F2024L00745
23 July 2024
Amendment Statement of Principles concerning cerebrovascular accident (stroke) (Balance of Probabilities) (No. 59 of 2024)