Amendment of Statement of Principles concerning adhesive capsulitis of the shoulder No. 29 of 2002

Overview

The Repatriation Medical Authority, under the authority granted by subsection 196B(3) of the Veterans' Entitlements Act 1986, has enacted the Amendment of Statement of Principles concerning ADHESIVE CAPSULITIS OF THE SHOULDER ICD-9-CM CODE: 726.0 Instrument No.29 of 2002. This legislative instrument aims to refine the existing medical criteria for assessing veterans' claims related to adhesive capsulitis of the shoulder, also known as frozen shoulder. The specific amendment involves the deletion of the definition of "diabetes mellitus" from the earlier Instrument No.18 of 1999, thereby streamlining the assessment process for this particular condition. This amendment applies to all matters governed by Instrument No.18 of 1999 and section 120B of the Act, ensuring consistency and clarity in the application of veterans' entitlements.

Scope and Application

The legislative instrument, amending the Statement of Principles concerning Adhesive Capsulitis of the Shoulder under the Veterans’ Entitlements Act 1986, modifies Instrument No.18 of 1999 by removing the definition of "diabetes mellitus". This amendment applies to all matters governed by Instrument No.18 of 1999 and section 120B of the Act, thereby affecting the scope of the legislation regarding the eligibility of veterans for benefits related to adhesive capsulitis of the shoulder. The Repatriation Medical Authority is responsible for implementing these changes, which are designed to refine the criteria and application process for veterans seeking compensation for conditions associated with their service. The amendment is part of the Commonwealth's legislative framework, impacting veterans and potentially their legal representatives or the Department of Veterans' Affairs in their dealings with these claims.

Key Provisions

The Legislative Instrument No.29 of 2002 amends Instrument No.18 of 1999 concerning the Statement of Principles for Adhesive Capsulitis of the Shoulder, also known as "frozen shoulder," under the Veterans’ Entitlements Act 1986 (VEA). Specifically, this amendment involves the deletion of the definition of "diabetes mellitus" from paragraph 8 of the original instrument (section 1(1)). The removal of this definition is a direct alteration to the Statement of Principles, which is intended to clarify and possibly expand the scope of conditions that can be associated with adhesive capsulitis for the purposes of veterans' entitlements. Under the amended legislation, the Repatriation Medical Authority (RMA) now operates without the previously defined constraints related to diabetes mellitus. This means that the assessment of adhesive capsulitis can now be considered in a broader context, potentially including more veterans who might have developed this condition in relation to their service. The amendment applies to all matters governed by Instrument No.18 of 1999 and section 120B of the VEA (section 1(2)). The broad application ensures that the changes are integrated into existing and future cases alike, providing consistency and clarity in the assessment process. The amendment imposes certain obligations on the RMA and other parties involved in the assessment and adjudication of veterans' claims. The RMA is required to apply the updated Statement of Principles without the specific reference to diabetes mellitus, thereby ensuring that all relevant factors contributing to adhesive capsulitis are considered. This includes the necessity to review past claims and potentially reassess them in light of the new provisions. Additionally, claimants and their representatives must be informed of these changes to ensure that they can adequately prepare their claims and appeals. There are no specific offences, penalties, or civil/criminal consequences outlined in this legislative instrument for breach of its provisions. However, failure to comply with the amended Statement of Principles could potentially lead to disputes over entitlements, with implications for the validity and enforceability of claims. The amendments serve to ensure that the legislative intent is met without penalising any party, but rather by clarifying the scope of conditions that can be recognised under the Act.