Document ID: chunk:federal_register_of_legislation:F2024L01696:front:0:p2
Version: federal_register_of_legislation:F2024L01696
Segment Type: other
Provision Reference: 
Character Range: 3072–5589

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 distal biceps brachii tendinopathy or death from distal biceps brachii tendinopathy with the circumstances of a person's relevant service:
 1.           having sudden forceful extension of the elbow, during elbow flexion, on the affected side at the time of clinical onset;
Note: Examples of activities that can cause sudden forceful extension of the elbow, during elbow flexion, include catching a heavy load with a bent arm, a fall on an outstretched hand and contact sports.
 1.           performing forceful activities with the hand or forearm on the affected side, in combination with:
         1.           repetitive activities with the hand or forearm on the affected side; or
         2.           sustained activities with the hand or forearm on the affected side;
for at least 1 hour per day, on more days than not, over a period of at least the 4 weeks before clinical onset;
 1.           abusing anabolic steroids at the time of clinical onset;
 2.           inability to obtain appropriate clinical management for distal biceps brachii tendinopathy before clinical worsening.
 1.                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(4) applies only to material contribution to, or aggravation of, distal biceps brachii tendinopathy where the person's distal biceps brachii tendinopathy 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 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