Statement of Principles concerning multiple sclerosis No. 44 of 2002 (Cth)

Statement of Principles

concerning

MULTIPLE SCLEROSIS

Instrument No. 44 of 2002 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 8 February 2006
taking into account Amendment of Statement of Principles concerning MULTIPLE SCLEROSIS (Instrument No. 76 of 2002)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

Revocation and Determination

of

Statement of Principles

concerning

MULTIPLE SCLEROSIS

ICD-10-AM CODE: G35

Veterans’ Entitlements Act 1986

1. The Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act):

(a)       revokes Instrument No.170 of 1995; and

(b)       determines in its place the following Statement of Principles.

Kind of injury, disease or death

1. (a)        This Statement of Principles is about multiple sclerosis and death from multiple sclerosis.

(b)For the purposes of this Statement of Principles, “multiple sclerosis” means a relapsing-remitting or progressive neurological disorder in which there is disseminated demyelination, perivascular inflammation and scarring which involves the white matter of the central nervous system.  Multiple sclerosis attracts ICD-10-AM code G35.

Basis for determining the factors

1. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that multiple sclerosis and death from multiple sclerosis can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces.

Factors that must be related to service

1. Subject to clause 6, at least one of the factors set out in clause 5 must be related to any relevant service rendered by the person.

Factors

1. The factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting multiple sclerosis or death from multiple sclerosis with the circumstances of a person’s relevant service are:

(a)inhaling organic solvents or having cutaneous contact with organic solvents on more days than not during a continuous 12 month period before the clinical onset of multiple sclerosis; or

(b)being infected with Epstein-Barr virus before the clinical onset of multiple sclerosis; or

(c)       inability to obtain appropriate clinical management for multiple sclerosis.

Factors that apply only to material contribution or aggravation

1. Paragraph 5(c) applies only to material contribution to, or aggravation of, multiple sclerosis where the person’s multiple sclerosis was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act refers.

Inclusion of Statements of Principles

1. 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.

Other definitions

1. For the purposes of this Statement of Principles:

“being infected with Epstein-Barr virus” means serological evidence of infection with Epstein-Barr virus;

“death from multiple sclerosis” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s multiple sclerosis;

“ICD-10-AM code” means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 3.  Where in this Statement of Principles an ICD code is referenced, such reference is not to constrain or limit the proper meaning of the definition or words preceding the alphanumeric code reference;

“organic solvents” means:

(i)chlorinated organic solvents,

(ii)aliphatic hydrocarbon solvents,

(iii)aromatic hydrocarbon solvents, or

(iv)oxygenated organic solvents;”

“relevant service” means:

(a)       operational service; or

(b)       peacekeeping service; or

(c)hazardous service;

“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

1. This Instrument applies to all matters to which section 120A of the Act applied.

Notes to Statement of Principles concerning multiple sclerosis (Instrument No. 44 of 2002)

The Statement of Principles concerning multiple sclerosis (Instrument No. 44 of 2002) in force under section 196B(2) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Statement of Principles concerning multiple sclerosis (Instrument No. 44 of 2002)	12 June 2002 (see Gazette 2002, No. GN23)	12 June 2002
Amendment of Statement of Principles concerning multiple sclerosis (Instrument No. 76 of 2002)	27 November 2002 (see Gazette 2002, No. GN47)	27 November 2002

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
Paragraph 8 – ‘organic solvents’............................	rs. Instrument  No.76 of 2002