Statement of Principles concerning Wilson's disease No. 7 of 2007 (Cth)

Statement of Principles

concerning

WILSON'S DISEASE

No. 7 of 2007

for the purposes of the

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

Title

1. This Instrument may be cited as Statement of Principles concerning Wilson's disease No. 7 of 2007.

Determination

1. The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):

(a)       revokes Instrument No. 15 of 1995 concerning Wilson's disease; 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 Wilson's disease and death from Wilson's disease.

(b)For the purposes of this Statement of Principles, "Wilson's disease" means a genetic metabolic disorder heritable as an autosomal recessive trait characterised by failure or impairment of hepatic excretion of copper into bile resulting in toxic accumulations of copper in various organs of the body.

Basis for determining the factors

1. After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that the only factor that may be related to the cause of or material contribution to or aggravation of Wilson's disease or death from Wilson's disease and which 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 Military Rehabilitation and Compensation Act 2004 (the MRCA) is that set out in clause 5.

Factors that must be related to service

1. The factor that must as a minimum exist in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating Wilson's disease or death from Wilson's disease is inability to obtain appropriate clinical management for Wilson’s disease.

Other definitions

1. For the purposes of this Statement of Principles:

"death from Wilson's disease" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s Wilson's disease;

"relevant service" means:

(a)       operational service under the VEA; or

(b)       peacekeeping service under the VEA; or

(c)hazardous service under the VEA; or

(d)warlike service under the MRCA; or

(e)non-warlike service under the MRCA;

"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 VEA or section 338 of the MRCA applies.

Date of effect

1. This Instrument takes effect from 10 January 2007.

Dated this   eighteenth         day of              December    2006

The Common Seal of the    )

Repatriation Medical Authority                   )

was affixed to this instrument   )

in the presence of:   )

KEN DONALD

CHAIRPERSON