Statement of Principles concerning concussion (Balance of Probabilities) (No. 93 of 2018) (Cth)

Statement of Principles concerning CONCUSSION (Balance of Probabilities) (No. 93 of 2018) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.

Dated 26 October 2018

The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:

Professor Nicholas Saunders AO Chairperson

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

1 Name This is the Statement of Principles concerning concussion (Balance of Probabilities) (No. 93 of 2018). 2 Commencement This instrument commences on 26 November 2018. 3 Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 4 Repeal The Statement of Principles concerning concussion No. 65 of 2012 (Federal Register of Legislation No. F2012L01810) made under subsection 196B(3) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004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 concussion and death from concussion. Meaning of concussion (2) For the purposes of this Statement of Principles, concussion: (a) means a mild traumatic brain injury resulting from the transfer of kinetic energy to the brain from external physical forces, which is manifested by a temporary disturbance in neurological function that does not meet the criteria for moderate to severe traumatic brain injury; and (b) excludes injury from radiation, electricity, heat and surgery. Note: This Statement of Principles applies to concussion only. Trauma to the brain can cause other diseases or injuries, and these are covered by a range of other Statements of Principles in which trauma to the brain (variously worded) is listed as a risk factor. The relevant Statements of Principles include but are not limited to: accommodation disorder, anosmia, arachnoid cyst, dementia pugilistica, epilepsy, epileptic seizure, hypopituitarism, narcolepsy, schizophrenia and subdural haematoma. Death from concussion (3) For the purposes of this Statement of Principles, concussion, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's concussion. 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 concussion and death from concussion 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, concussion or death from concussion is connected with the circumstances of a person's relevant service: (1) experiencing a specified event at the time of the clinical onset of concussion; Note: specified event is defined in the Schedule 1 - Dictionary. (2) inability to obtain appropriate clinical management for concussion. 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(2) applies only to material contribution to, or aggravation of, concussion where the person's concussion 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.