Instrument No.74 of 1998
Amendment of Statement of Principles
concerning
ACUTE PANCREATITIS
ICD-9-CM CODEs: 577.0, 577.2
Veterans’ Entitlements Act 1986
1. The Repatriation Medical Authority amends, under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act), Instrument No.45 of 1997, (Statement of Principles concerning acute pancreatitis), by:
A. adding a new clause 6A after clause 6 as follows:
“6A. 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.”;
B. inserting after the definition of “clonorchiasis” in clause 7, the following definition of “death from acute pancreatitis”:
“‘death from acute pancreatitis’ in relation to a person includes death from a terminal event or condition that was contributed to by the person’s acute pancreatitis;”;
C. inserting after the definition of “systemic vasculitis” in clause 7, the following definition of “terminal event”:
“‘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.”.
D. omitting “Table 1” from the “SCHEDULE” after the definitions in clause 7, and replacing it with the following:
Table 1 |
Agents where acute pancreatitis has occurred within one month of commencing therapy |
6-mercaptopurine |
azathioprine |
erythromycin |
frusemide |
metronidazole |
nitrofurantoin |
sulphonamides |
tetracycline |
IV or oral corticosteroids |
|
|
2. The amendments made by this instrument apply to all matters to which Instrument No.45 of 1997 and section 120A of the Act apply.
Dated this Thirteenth day of October 1998
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
Overview
The Veterans' Entitlements Act 1986, as amended by the legislative instrument F2006B00188 in 1998, addresses the issue of determining eligibility for benefits related to acute pancreatitis among veterans. This legislative amendment was enacted by the Repatriation Medical Authority to clarify the application of principles concerning acute pancreatitis and to ensure consistency in the assessment of related claims. The objective of this amendment was to refine the criteria for recognising acute pancreatitis and its contributing factors in the context of veterans' entitlements, thereby providing a more comprehensive and precise framework for the evaluation of related claims. These amendments apply to all relevant matters governed by the original Instrument No.45 of 1997 and section 120A of the Act, ensuring that the updated provisions are uniformly implemented across all applicable cases.
Scope and Application
The legislative instrument amends the Statement of Principles concerning acute pancreatitis, specifically relating to the conditions covered under the Veterans’ Entitlements Act 1986. The changes apply to all matters governed by Instrument No.45 of 1997 and section 120A of the Act, thereby extending its reach to relevant veterans and their entitlements. The amendments introduce new clauses and definitions to clarify the application of the Statement of Principles in cases where acute pancreatitis contributes to a terminal event or condition, such as pneumonia or cardiac arrest. By adding these definitions and incorporating related factors from other Statements of Principles, the instrument aims to ensure a comprehensive approach to the recognition and assessment of conditions linked to acute pancreatitis in the context of veterans' health entitlements.
Key Provisions
The legislative instrument amends Instrument No.45 of 1997, concerning acute pancreatitis, by introducing several new provisions and definitions. Specifically, clause 6A (1A) is added to the Statement of Principles, which stipulates that if a relevant factor applies and includes an injury or disease for which there is an existing Statement of Principles, the factors in that Statement will apply accordingly. This amendment aims to streamline the application of relevant factors and ensure consistency across different conditions.
In clause 7 (1B), the instrument introduces new definitions to clarify certain terms used within the Statement of Principles. The definition of “death from acute pancreatitis” (1B(i)) encompasses deaths from terminal events or conditions contributed to by acute pancreatitis, providing a broader understanding of what constitutes such deaths. Additionally, the definition of “terminal event” (1B(ii)) outlines specific conditions, such as pneumonia, respiratory failure, cardiac arrest, circulatory failure, or cessation of brain function, as proximate or ultimate causes of death. These definitions aim to provide clarity and ensure that all relevant medical conditions are appropriately recognised.
The obligations imposed by this instrument on the parties it governs include the necessity to apply the newly introduced clause 6A and the newly defined terms of “death from acute pancreatitis” and “terminal event” as stipulated in the Statement of Principles. The amendments require that all relevant factors, including those for pre-existing conditions, be applied consistently in accordance with the respective Statements of Principles. Furthermore, the omission of “Table 1” from the Schedule and its replacement with a new table (1C) listing specific agents associated with acute pancreatitis necessitates adherence to the updated list when assessing cases.
Under the Veterans’ Entitlements Act 1986, breaches of the legislative provisions can result in various consequences. Offences related to non-compliance with the Act may lead to civil or criminal penalties. For instance, providing false or misleading information in the context of veterans’ entitlements could result in fines or imprisonment. The specific penalties depend on the nature and severity of the breach but are outlined in the relevant sections of the Act. Failure to adhere to the updated Statement of Principles and definitions could lead to disputes or challenges in the assessment and approval of entitlements, potentially affecting the rights and benefits of veterans.