Statement of Principles concerning ganglion (Reasonable Hypothesis) (No. 71 of 2016) (Cth)
Statement of Principles concerning ganglion (Reasonable Hypothesis) (No. 71 of 2016)
made under subsection 196B(2) of the
Veterans' Entitlements Act 1986
Compilation No. 1
Compilation date: 25 May 2020
Includes amendments up to: Amendment Statement of Principles concerning ganglion (Reasonable Hypothesis) (No. 37 of 2020) (F2020L00484)
The day of commencement of this Amendment Statement of Principles concerning ganglion is 25 May 2020.
About this compilation
This compilation
This is a compilation of the Statement of Principles concerning ganglion (Reasonable Hypothesis) (No. 71 of 2016) that shows the text of the law as amended and in force on 25 May 2020.
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 Legislation Register ( 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 series page on the Legislation 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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Statement of Principles
concerning
GANGLION
(Reasonable Hypothesis)
(No. 71 of 2016)
The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986.
Dated 26 August 2016
Contents
1Name........................................................................................................................................... 3
2Commencement........................................................................................................................ 3
3Authority..................................................................................................................................... 3
4Application................................................................................................................................. 3
5Definitions.................................................................................................................................. 3
6Kind of injury, disease or death to which this Statement of Principles relates............... 3
7Basis for determining the factors........................................................................................... 4
8Factors that must exist............................................................................................................. 4
9Relationship to service............................................................................................................. 4
10Factors referring to an injury or disease covered by another Statement of Principles. 4
Schedule 1 - Dictionary............................................................................................. 6
1Definitions.................................................................................................................................. 6
(a)
Name
This is the Statement of Principles concerning ganglion (Reasonable Hypothesis) (No. 71 of 2016).
Commencement
This instrument commences on 26 September 2016.
Authority
This instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.
Application
This instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act 2004 applies.
Definitions
The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.
Kind of injury, disease or death to which this Statement of Principles relates
(1)This Statement of Principles is about ganglion and death from ganglion.
Meaning of ganglion
(2)For the purposes of this Statement of Principles, ganglion means:
(a)a benign, cystic lesion overlying a joint or tendon, consisting of a thin fibrous capsule enclosing clear mucinous fluid which occurs commonly in the wrist and may be accompanied by pain, weakness and loss of function; and
(b)excludes cyst of bursa, cyst of synovium and ganglion in yaws.
(3)While ganglion attracts ICD‑10‑AM code M67.4, in applying this Statement of Principles the meaning of ganglion 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), Ninth Edition, effective date of 1 July 2015, copyrighted by the Independent Hospital Pricing Authority, ISBN 978‑1‑76007‑020‑5.
Death from ganglion
(5)For the purposes of this Statement of Principles, ganglion, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's ganglion.
Note: terminal event is defined in the Schedule 1 – Dictionary.
Basis for determining the factors
The Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that ganglion and death from ganglion 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.
Note: relevant service is defined in the Schedule 1 – Dictionary.
Factors that must exist
At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting ganglion or death from ganglion with the circumstances of a person's relevant service:
(1)having acute trauma to the affected joint or tendon within the one year before the clinical onset of ganglion;
Note: acute trauma to the affected joint or tendon is defined in the Schedule 1 - Dictionary.
(2)inability to obtain appropriate clinical management for ganglion.
Relationship to service
(1)The existence in a person of any factor referred to in section 8, must be related to the relevant service rendered by the person.
(2)The factor set out in subsection 8(2) applies only to material contribution to, or aggravation of, ganglion where the person's ganglion was suffered or contracted before or during (but did not arise out of) the person's relevant service.
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 8 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(2) 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 5
Definitions
In this instrument:
acute trauma to the affected joint or tendon means a discrete event involving the application of significant physical force to or through the affected joint or tendon, that causes:
(a)damage to the joint or tendon; and
(b)the development, within 24 hours of the event occurring, of symptoms and signs of pain and tenderness, and either altered mobility or range of movement of the joint or tendon. In the case of sustained unconsciousness or the masking of pain by analgesic medication, these symptoms and signs must appear on return to consciousness or the withdrawal of the analgesic medication; and
(c)the persistence of symptoms and signs for a period of at least seven days following their onset, save for where medical intervention for the trauma to that joint or tendon has occurred and that medical intervention involves one of the following:
(i)immobilisation of the joint, tendon or limb by splinting or similar external agent;
(ii)injection of a corticosteroid or local anaesthetic into that joint or around the tendon; or
(iii)surgery to that joint or tendon.
ganglion—see subsection 6(2).
MRCAmeans the Military Rehabilitation and Compensation Act 2004.
relevant service means:
(a)operational service under the VEA;
(b)peacekeeping service under the VEA;
(c)hazardous service under the VEA;
(d)British nuclear test defence service under the VEA;
(e)warlike service under the MRCA; or
(f)non-warlike 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.
VEA means the Veterans' Entitlements Act 1986.
Endnotes
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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| o = order(s) | |
| ad = added or inserted | Ord = Ordinance |
| am = amended | orig = original |
| amdt = amendment | par = paragraph(s)/subparagraph(s) |
| c = clause(s) | /sub‑subparagraph(s) |
| C[x] = Compilation No. x | pres = present |
| Ch = Chapter(s) | prev = previous |
| def = definition(s) | (prev…) = previously |
| Dict = Dictionary | Pt = Part(s) |
| disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
| Div = Division(s) | |
| exp = expires/expired or ceases/ceased to have | reloc = relocated |
| effect | renum = renumbered |
| F = Federal Register of Legislation | rep = repealed |
| gaz = gazette | rs = repealed and substituted |
| LA = Legislation Act 2003 | s = section(s)/subsection(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| (md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
| effect | 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 |
| commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Statement of Principles concerning ganglion (Reasonable Hypothesis) (No. 71 of 2016) | 29 August 2016 F2016L01356 | 26 September 2016 | |
| Amendment Statement of Principles concerning ganglion (Reasonable Hypothesis) (No. 37 of 2020) | 28 April 2020 F2020L00484 | 25 May 2020 |
Endnote 4—Amendment history
| Provision affected | How affected |
| Schedule 1 – Dictionary – acute trauma to the affected joint or tendon ………..…… | rs. No. 37 of 2020 |
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