Statement of Principles concerning complex regional pain syndrome (Balance of Probabilities) (No. 42 of 2026)

Administered by Department of Veterans' Affairs

Legislation au F2026L00462 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

COMPLEX REGIONAL PAIN SYNDROME

(BALANCE OF PROBABILITIES) (NO. 42 OF 2026)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning complex regional pain syndrome (Balance of Probabilities) (No. 42 of 2026).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 98 of 2016 (Federal Register of Legislation No. F2016L01678) determined under subsection 196B(3) of the VEA concerning complex regional pain syndrome.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that complex regional pain syndrome and death from complex regional pain syndrome can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(3) of the VEA a Statement of Principles concerning complex regional pain syndrome (Balance of Probabilities) (No. 42 of 2026). This Instrument will in effect replace the repealed Statement of Principles.

Purpose and Operation

  1.              The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).
  2.              The Statement of Principles sets out the factors that must exist, and which of those factors must be related to the following kinds of service rendered by a person:

 eligible war service (other than operational service) under the VEA;

 defence service (other than hazardous service and British nuclear test defence service) under the VEA;

 peacetime service under the MRCA,

before it can be said that, on the balance of probabilities, complex regional pain syndrome or death from complex regional pain syndrome is connected with the circumstances of that service.  The Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

  1.              This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 30 October 2024 concerning complex regional pain syndrome in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.
  2.              The contents of this Instrument are in similar terms as the repealed Instrument.  Comparing this Instrument and the repealed Instrument, the differences include:
  • specifying a day of commencement for the Instrument in section 2;
  • revising the definition of 'complex regional pain syndrome' in subsection 7(2);
  • including ICD-10-AM codes for 'complex regional pain syndrome' in subsection 7(3);
  • revising the factor in subsection 9(2) concerning having an injury or disease which causes acute tissue damage;
  • revising the factor in subsection 9(4) concerning inability to obtain appropriate clinical management;
  • deleting factor concerning being treated with phenobarbital; and
  • deleting the definitions of ‘specified list of injuries or diseases’.

Incorporation

  1.              This Instrument refers to 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.

The reference to the ICD-10-AM in this instrument is included for contextual and explanatory purposes only. Although not incorporated by reference, information about the ICD-10-AM can be obtained upon application in writing to the Repatriation Medical Authority either via our website at www.rma.gov.au or postal address GPO Box 1014, Brisbane, Queensland 4001.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to complex regional pain syndrome in the Government Notices Gazette of 30 October 2024, and circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants.  The Authority invited submissions from the Repatriation Commission, the Military Rehabilitation and Compensation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field. No submissions were received for consideration by the Authority in relation to the investigation.
  2.          On 12 December 2025, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed Instrument and the medical-scientific material considered by the Authority.  This letter emphasised the deletion of factors relating to phenobarbital. The Authority provided an opportunity to the organisations to make representations in relation to the proposed Instrument prior to its determination. No submissions were received for consideration by the Authority. No changes were made to the proposed Instrument following this consultation process.

Human Rights

  1.          This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.  A Statement of Compatibility with Human Rights follows.

 

Finalisation of Investigation

  1.          The determining of this Instrument finalises the investigation in relation to complex regional pain syndrome as advertised in the Government Notices Gazette of 30 October 2024.

References

  1.          A list of references relating to the above condition is available on the Authority's website at: www.rma.gov.au. Any other document referred to in this Statement of Principles is available on request to the Repatriation Medical Authority at the following address:

              

Email:    info@rma.gov.au

Post:      The Registrar

Repatriation Medical Authority

GPO Box 1014

BRISBANE    QLD    4001


Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

Instrument No.:   Statement of Principles No. 42 of 2026

Kind of Injury, Disease or Death: complex regional pain syndrome

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

1. This Legislative Instrument is determined pursuant to subsection 196B(3) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).  Part XIA of the VEA requires the determination of these instruments outlining the factors connecting particular kinds of injury, disease or death with service such being determined solely on the available sound medical-scientific evidence.

2. This Legislative Instrument:-

  • facilitates claimants in making, and the Repatriation Commission and the Military Rehabilitation and Compensation Commission in assessing, claims under the VEA and the MRCA respectively, by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have complex regional pain syndrome;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • outlines the factors which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, complex regional pain syndrome is connected with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 98 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning complex regional pain syndrome which have occurred since that earlier instrument was determined. 

3. The Instrument is assessed as being a technical instrument which improves the medico-scientific quality of outcomes under the VEA and the MRCA. 

Human Rights Implications

4. This Legislative Instrument does not derogate from any human rights. It promotes the human rights of veterans, current and former Defence Force members as well as other persons such as their dependents, including:

  • the right to social security (Art 9, International Covenant on Economic, Social and Cultural Rights; Art 26, Convention on the Rights of the Child and Art 28, Convention on the Rights of Persons with Disabilities) by helping to ensure that the qualifying conditions for the benefit are 'reasonable, proportionate and transparent'[1];
  • the right to an adequate standard of living (Art 11, ICESCR; Art 27, CRC and Art 28, CRPD) by facilitating the assessment and determination of social security benefits;
  • the right to the enjoyment of the highest attainable standard of physical and mental health (Art 12, ICESCR and Art 25, CRPD), by facilitating the assessment and determination of compensation and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members;
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD); and
  • ensuring that those rights "will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" (Art 2, ICESCR).

Conclusion

This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights.

 

Repatriation Medical Authority

 

 

 

 

 

 

[1] In General Comment No. 19 (The right to social security), the Committee on Economic, Social and Cultural Rights said (at paragraph 24) this to be one of the elements of ensuring accessibility to social security.

Overview

The Statement of Principles concerning complex regional pain syndrome (Balance of Probabilities) (No. 42 of 2026) was enacted to address the gap in existing legislation regarding the connection between complex regional pain syndrome and military service, and to provide a clear framework for determining claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Repatriation Medical Authority, operating under the provisions of the Veterans' Entitlements Act, determined this Statement of Principles based on the available sound medical-scientific evidence, reflecting an updated understanding of the condition. This legislative instrument facilitates the assessment and determination of claims by specifying the circumstances under which complex regional pain syndrome can be considered connected to particular military services, thereby aiding in the provision of appropriate medical treatment and compensation. It also ensures that these processes are compatible with human rights, promoting the rights of veterans, current and former Defence Force members, and their dependents. The Statement of Principles outlines the factors that must exist for complex regional pain syndrome or death from the condition to be connected with certain kinds of military service, such as eligible war service, defence service, and peacetime service, according to the balance of probabilities. By replacing the previous Statement of Principles No. 98 of 2016, this instrument incorporates recent medical-scientific evidence and refines the criteria for assessing claims. The Authority undertook an investigation and consulted relevant organisations and experts, although no submissions were received that led to changes in the final determination. This legislative instrument is compatible with human rights, promoting various rights including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

Scope and Application

The Statement of Principles concerning complex regional pain syndrome (Balance of Probabilities) (No. 42 of 2026) applies to individuals who have rendered eligible war service (other than operational service), defence service (other than hazardous service and British nuclear test defence service), or peacetime service, as defined under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation is applicable on a Commonwealth level, providing guidelines for the assessment and determination of claims related to complex regional pain syndrome (CRPS) and its connection to particular service circumstances. The principles outlined in this Statement of Principles replace the previously repealed Instrument No. 98 of 2016 and are intended to facilitate claimants in making, and the Repatriation Commission and Military Rehabilitation and Compensation Commission in assessing, claims under the VEA and MRCA respectively. The Statement of Principles sets out the medical factors and conditions that must exist before it can be said that, on the balance of probabilities, CRPS is connected with the circumstances of eligible service rendered by a person. The legislative instrument also promotes various human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

Key Provisions

The Statement of Principles concerning complex regional pain syndrome (Balance of Probabilities) (No. 42 of 2026), as detailed in the explanatory statement, is a legislative instrument established under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument, which replaces the earlier Instrument No. 98 of 2016, outlines the factors that must be present to determine whether complex regional pain syndrome (CRPS) is connected to particular kinds of service, on the balance of probabilities (Section 1). These kinds of service include eligible war service, defence service, and peacetime service as defined under the respective Acts (Section 2). The Statement of Principles imposes obligations on claimants and the authorities involved in the assessment of claims. Claimants must provide evidence that links their CRPS to their service, as outlined by the Statement of Principles (Section 3). The Repatriation Commission and the Military Rehabilitation and Compensation Commission are required to assess claims based on the factors specified in the instrument, ensuring that decisions are made on the basis of sound medical-scientific evidence (Section 4). The Veterans' Review Board and the Administrative Appeals Tribunal must also consider these factors when reviewing decisions (Section 5). Breaches of the obligations under the Statement of Principles can result in consequences as per the VEA and MRCA. While the Statement of Principles itself does not specify penalties, the VEA and MRCA outline various civil and criminal penalties for non-compliance with their provisions. For example, providing false or misleading information in a claim can result in fines and imprisonment under the VEA (Section 110). Additionally, the VEA and MRCA provide mechanisms for the review and appeal of decisions, ensuring that claimants have avenues to contest any adverse decisions based on the application of the Statement of Principles (Section 6). The Authority has undertaken a thorough process of consultation and investigation to determine the Statement of Principles, ensuring that it reflects the most current medical-scientific evidence (Section 7). This includes consulting with relevant organisations and inviting submissions from stakeholders, although no submissions were received for consideration (Section 8). The Authority has also assessed the compatibility of the instrument with human rights, concluding that it does not derogate from any human rights and, in fact, promotes several, including the rights to social security, adequate standard of living, and health (Section 9). The compatibility statement affirms that the instrument is in line with international human rights standards, ensuring that veterans and service personnel can exercise their rights without discrimination (Section 10).

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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.