Instrument No. 37 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(3) of the Veterans’ Entitlements Act 1986, Instrument No. 86 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. 86 of 2001, section 120B of the Veterans’ Entitlements Act 1986 and section 339 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 Legislative Instrument No. 37 of 2004, enacted by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986, amends Instrument No. 86 of 2001 concerning the Statement of Principles for asthma in the context of veterans’ entitlements and military rehabilitation. This legislative amendment was introduced to refine and clarify the definition of asthma, ensuring it accurately reflects current medical understanding. The policy objective is to provide a precise and comprehensive definition that encompasses various manifestations of asthma, including chronic airway obstruction and reactive airways dysfunction syndrome, thereby facilitating appropriate assessment and compensation for affected veterans.
This amendment applies to all matters governed by Instrument No. 86 of 2001, section 120B of the Veterans’ Entitlements Act 1986, and section 339 of the Military Rehabilitation and Compensation Act 2004. By updating the definition of asthma, the legislation aims to ensure that veterans who suffer from this condition receive the necessary medical recognition and compensation for their service-related disabilities.
Scope and Application
This legislative instrument, F2005B02624, pertains to the amendment of the Statement of Principles concerning asthma for the purposes of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The amendment is executed by the Repatriation Medical Authority and specifically modifies the definition of "asthma" within the context of these acts. The revised definition now encompasses a condition marked by increased responsiveness of the bronchi to various stimuli, including chronic airway obstruction due to asthma and reactive airways dysfunction syndrome. This change applies to all matters governed by Instrument No. 86 of 2001, section 120B of the Veterans’ Entitlements Act 1986, and section 339 of the Military Rehabilitation and Compensation Act 2004, thereby ensuring that the updated definition of asthma is uniformly applied across all relevant claims and proceedings. The legislative instrument does not explicitly mention any exclusions, exemptions, or thresholds, nor does it extend or restrict application through subordinate instruments.
Key Provisions
The main operative sections of this legislative instrument (Instrument No. 37 of 2004) involve an amendment to the definition of "asthma" as it appears in the Statement of Principles concerning asthma under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 (section 2). Specifically, the instrument revises the definition of "asthma" to include a more comprehensive explanation of the condition, emphasising its responsiveness to various stimuli, the nature of the attacks, and the potential for chronic airway obstruction (section 1). This amendment replaces the previous definition, ensuring a more precise understanding of the condition for the purposes of entitlements and compensation.
The obligations imposed by this amendment are primarily on the Repatriation Medical Authority, which is responsible for ensuring that the updated definition is applied in all relevant matters. This includes making the new definition available to all parties involved in claims or assessments under the Acts, ensuring consistency and clarity in the interpretation and application of the term "asthma" (section 2). The authority must also ensure that all relevant stakeholders, including claimants, legal representatives, and medical professionals, are aware of the changes and how they affect the adjudication of asthma-related claims.
The legislative instrument does not explicitly outline specific offences, penalties, or consequences for breach related to the definition of "asthma." However, the implications of misinterpreting or failing to apply the amended definition correctly could result in incorrect determinations of entitlement or compensation. While the instrument itself does not detail specific penalties, any subsequent legal actions arising from incorrect application of the definition could involve civil or administrative penalties under the respective Acts. It is essential for the Repatriation Medical Authority and all parties involved to adhere to the updated definition to avoid potential disputes or claims of procedural unfairness.