Instrument No. 36 of 2004
Amendment of Statement of Principles
concerning
ASTHMA
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
- The Repatriation Medical Authority amends, under subsection 196B(2) of the Veterans’ Entitlements Act 1986, Instrument No. 85 of 2001, by:
- in paragraph 2, deleting sub-paragraph (b) and inserting in its place the following:
“(b) For the purposes of this Statement of Principles, “asthma” means a condition marked by increased responsiveness of the bronchi to various stimuli manifested by recurrent attacks of paroxysmal dyspnoea, with wheezing due to spasmodic contraction of the bronchi which characteristically responds rapidly to bronchodilators. The airflow obstruction may not be completely reversible. This definition includes chronic airway obstruction due to asthma, and reactive airways dysfunction syndrome.”
2. The amendment made by this instrument applies to all matters to which Instrument No. 85 of 2001, section 120A of the Veterans’ Entitlements Act 1986 and section 338 of the Military Rehabilitation and Compensation Act 2004 apply.
Dated this seventh day of October 2004
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of )
KEN DONALD
CHAIRMAN
Overview
The Instrument No. 36 of 2004, enacted by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986, modifies the Statement of Principles concerning asthma for the purposes of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument seeks to provide a more comprehensive definition of asthma, ensuring that it encompasses conditions such as chronic airway obstruction due to asthma and reactive airways dysfunction syndrome. The amendment is intended to apply to all relevant matters governed by Instrument No. 85 of 2001, section 120A of the Veterans’ Entitlements Act 1986, and section 338 of the Military Rehabilitation and Compensation Act 2004, thereby enhancing the clarity and inclusivity of the definition of asthma for affected veterans.
Scope and Application
The Legislative Instrument No. 36 of 2004, issued by the Repatriation Medical Authority under the authority granted by the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, amends the definition of "asthma" within the Statement of Principles. This amendment applies comprehensively to all cases where the previous Instrument No. 85 of 2001, section 120A of the Veterans' Entitlements Act 1986, and section 338 of the Military Rehabilitation and Compensation Act 2004 were applicable. The primary effect is to redefine "asthma" as a condition characterised by increased bronchial responsiveness to various stimuli, leading to recurrent episodes of dyspnoea and wheezing, with rapid response to bronchodilators and potentially irreversible airflow obstruction. This new definition encompasses chronic airway obstruction due to asthma and reactive airways dysfunction syndrome. The amendment is intended to ensure clarity and consistency in the application of the legislative provisions concerning asthma in the context of veterans' entitlements and military rehabilitation.
Key Provisions
This legislative instrument amends the definition of "asthma" in the Statement of Principles concerning asthma under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) by deleting the existing sub-paragraph (b) and replacing it with a new definition. The new definition (paragraph 2(b)) specifies that asthma is a condition marked by increased responsiveness of the bronchi to various stimuli, manifested by recurrent attacks of paroxysmal dyspnoea, with wheezing due to spasmodic contraction of the bronchi, which typically responds rapidly to bronchodilators. The amendment also clarifies that the airflow obstruction may not be completely reversible and includes chronic airway obstruction due to asthma and reactive airways dysfunction syndrome.
The obligations imposed by this Act on the parties or entities it governs include adhering to the new definition of asthma as set out in the amended Statement of Principles. This means that any assessment, treatment, or compensation related to asthma under the VEA or MRCA must now consider this updated definition. Health professionals, claimants, and the Repatriation Medical Authority must ensure that their practices and decisions are aligned with this amended definition to maintain consistency and fairness in the administration of veterans' entitlements and military rehabilitation and compensation.
The consequences for non-compliance or breach of the provisions in this Act are not explicitly detailed within the text of this legislative instrument. However, breaches of the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004 in general could result in administrative penalties, legal actions, or other consequences as prescribed by those Acts. For instance, under the VEA, penalties for fraud or misrepresentation can include fines up to $21,000 for individuals and $105,000 for corporations, along with potential imprisonment terms. The MRCA also allows for penalties and enforcement actions for non-compliance with its provisions. Thus, while specific penalties for this particular amendment are not outlined, adherence to the amended definition of asthma is crucial to avoid broader legal and administrative repercussions.