Statement of Principles concerning chronic multisymptom illness (Reasonable Hypothesis) (No. 3 of 2020)

Administered by Department of Veterans' Affairs

Legislation au F2020L00208 In force Legislative Instrument

Legislation content

 

Statement of Principles concerning chronic multisymptom illness (Reasonable Hypothesis) (No. 3 of 2020)

made under subsection 196B(2) of the

Veterans’ Entitlements Act 1986

Compilation No. 1

Compilation date: 23 June 2026

Includes amendments: F2026L00759

About this compilation

This compilation

This is a compilation of the Statement of Principles concerning chronic multisymptom illness (Reasonable Hypothesis) (No. 3 of 2020) that shows the text of the law as amended and in force on 23 June 2026 (the compilation date).

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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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. Any modifications affecting the law are accessible on the Register.

Selfrepealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

3 Authority

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 chronic multisymptom illness (Reasonable Hypothesis) (No. 3 of 2020).

  1.                Authority

This instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.

  1.                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.

  1.                Definitions

The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.

  1.                Kind of injury, disease or death to which this Statement of Principles relates
    1.           This Statement of Principles is about chronic multisymptom illness and death from chronic multisymptom illness.

Meaning of chronic multisymptom illness

  1.           For the purposes of this Statement of Principles, chronic multisymptom illness means a condition characterised by multiple somatic symptoms which has been diagnosed by a specialist physician or a psychiatrist and which meets the following criteria:
  1.                 There are one or more current symptoms from 2 of the following 3 categories:
    1.             fatigue;
    2.          mood-cognition: feeling depressed, difficulty remembering or concentrating, feeling moody, feeling anxious, trouble finding words or difficulty sleeping; or
    3.        musculoskeletal: joint pain, joint stiffness or muscle pain; and
  2.                 The collection of symptoms relied upon to make the diagnosis is distressing and results in significant disruption of social and occupational functioning; and
  3.                 The collection of symptoms relied upon to make the diagnosis must have persisted for at least 6 consecutive months; and
  4.                 The symptoms are not better explained by another medical condition, including but not limited to, moderate to severe traumatic brain injury, chronic fatigue syndrome, fibromyalgia, Gulf War Illness, somatic symptom disorder or posttraumatic stress disorder.

Death from chronic multisymptom illness

  1.           For the purposes of this Statement of Principles, chronic multisymptom illness, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's chronic multisymptom illness.

Note: terminal event is defined in the Schedule 1 – Dictionary.

  1.                Basis for determining the factors

The Repatriation Medical Authority is of the view that there is sound medicalscientific evidence that indicates that chronic multisymptom illness and death from chronic multisymptom illness 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: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.

  1.                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 chronic multisymptom illness or death from chronic multisymptom illness with the circumstances of a person's relevant service:

  1.           living or working in a hostile or life-threatening environment for a period of at least 28 days in the six months before the clinical onset of chronic multisymptom illness;

Note: hostile or life-threatening environment is defined in the Schedule 1 - Dictionary. 

  1.           experiencing a category 1A stressor in the six months before the clinical onset of chronic multisymptom illness;

Note: category 1A stressor is defined in the Schedule 1 - Dictionary. 

  1.           experiencing a category 1B stressor in the six months before the clinical onset of chronic multisymptom illness;

Note: category 1B stressor is defined in the Schedule 1 - Dictionary. 

  1.           inability to obtain appropriate clinical management for chronic multisymptom illness.
  1.            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(4) applies only to material contribution to, or aggravation of, chronic multisymptom illness where the person's chronic multisymptom illness was suffered or contracted before or during (but did not arise out of) the person's relevant service.
  2.            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(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 6

1               Definitions

             In this instrument:

                             category 1A stressor means one of the following severe traumatic events:

(a)          experiencing a life-threatening event;

(b)          being subject to a serious physical attack or assault including rape and sexual molestation; or

(c)          being threatened with a weapon, being held captive, being kidnapped or being tortured.

                             category 1B stressor means one of the following severe traumatic events:

(a)          killing or maiming a person;

(b)          being an eyewitness to a person being killed or critically injured;

(c)          being an eyewitness to atrocities inflicted on another person;

(d)          participating in the clearance of a corpse or a critically injured casualty; or

(e)          viewing a corpse or a critically injured casualty as an eyewitness.

Note: corpse and eyewitness are also defined in the Schedule 1 - Dictionary.

                             chronic multisymptom illness—see subsection 7(2).

                             corpse means the human remains or body parts of one or more persons who have met a violent or horrific death.

Note: Examples of a violent or horrific death may include death due to suicide, gunshot, improvised explosive devices, natural and technological disasters, terrorist attacks or motor vehicle accidents.  Seeing a closed body bag or viewing a body in an open-casket coffin are excluded from this definition.

                             eyewitness means a person who experiences an incident first-hand and can give direct evidence of it.  This excludes persons exposed only to public broadcasting or mass media coverage of the incident.

                             hostile or life-threatening environment means a situation or setting which is characterised by a pervasive threat to life or bodily integrity, such as would be experienced in the following circumstances:

(a)          experiencing or being under threat of artillery, missile, rocket, mine or bomb attack; or

(b)          experiencing or being under threat of nuclear, biological or chemical agent attack; or

(c)          being involved in combat or going on combat patrols.

                             MRCA means 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 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.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court 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

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

/rule(s)/subrule(s)/order(s)/suborder(s)

LIA = Legislative Instruments Act 2003

sch = Schedule(s)

(md not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

cannot be given effect

SR = Statutory Rules

mod = modified/modification

sub ch = SubChapter(s)

No. = Number(s)

sub div = Subdivision(s)

Ord = Ordinance

sub pt = Subpart(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 chronic multisymptom illness (Reasonable Hypothesis) (No. 3 of 2020)

2 March 2020

 

F2020L00208

23 March 2020

 

Amendment Statement of Principles concerning chronic multisymptom illness (Reasonable Hypothesis) (No. 48 of 2026)

19 June 2026

 

F2026L00759

23 June 2026

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Section 2

rep LA s48D

Section 4

Subsection 7(2)

 

rep LA s48C

am F2026L00759

 

 

 

 

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.