Statement of Principles concerning acute sprain and acute strain No. 56 of 2006 (Cth)
Statement of Principles
concerning
ACUTE SPRAIN AND ACUTE STRAIN
No. 56 of 2006
for the purposes of the
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
Title
This Instrument may be cited as Statement of Principles concerning acute sprain and acute strain No. 56 of 2006.
Determination
The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a) revokes Instrument No. 51 of 1994 concerning acute sprains and acute strains; and
(b) determines in its place this Statement of Principles.
Kind of injury, disease or death
(a) This Statement of Principles is about acute sprain and acute strain and death from acute sprain and acute strain.
(b)For the purposes of this Statement of Principles:
"acute sprain" means an injury causing tearing or stretching of one or more joint ligaments associated with the sudden onset of symptoms including pain, tenderness and swelling. This definition excludes chronic sprain and degenerative disease of joints, tendons, ligaments or muscles; and
"acute strain" means an injury causing tearing or stretching of muscle or tendon with the sudden onset of symptoms including pain, tenderness and swelling. This definition excludes chronic strain, complete rupture of a tendon and degenerative disease of joints, tendons, ligaments or muscles.
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 acute sprain or acute strain and death from acute sprain or acute strain can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA).
Factors that must be related to service
Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.
Factors
The factor that must exist before it can be said that, on the balance of probabilities, acute sprain or acute strain or death from acute sprain or acute strain is connected with the circumstances of a person’s relevant service is:
(a)twisting, wrenching or stretching a joint ligament at the time of the clinical onset of acute sprain to that joint ligament; or
(b)stretching or high intensity use of a muscle or tendon at the time of the clinical onset of acute strain to that muscle or tendon; or
(c)having joint instability due to ligamentous laxity or decreased proprioception at the time of the clinical onset of acute sprain to that joint ligament; or
(d)twisting, wrenching or stretching a joint ligament at the time of the clinical worsening of acute sprain to that joint ligament; or
(e)stretching or high intensity use of a muscle or tendon at the time of the clinical worsening of acute strain to that muscle or tendon; or
(f)inability to obtain appropriate clinical management for acute sprain or acute strain.
Factors that apply only to material contribution or aggravation
Paragraphs 6(d) to 6(f) apply only to material contribution to, or aggravation of, acute sprain or acute strain where the person’s acute sprain or acute strain was suffered or contracted before or during (but not arising out of) the person’s relevant service.
Inclusion of Statements of Principles
In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.
Other definitions
For the purposes of this Statement of Principles:
"death from acute sprain or acute strain" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s acute sprain or acute strain;
"relevant service" means:
(a) eligible war service (other than operational service) under the VEA; or
(b) defence service (other than hazardous service) under the VEA; or
(c) peacetime service under the MRCA;
"terminal event" means the proximate or ultimate cause of death and includes:
(a) pneumonia;
(b) respiratory failure;
(c) cardiac arrest;
(d) circulatory failure; or
(e) cessation of brain function.
Application
This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.
Date of effect
This Instrument takes effect from 8 November 2006.
Dated this thirtieth day of October 2006
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRPERSON
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