Amendment of Statement of Principles concerning cholelithiasis No. 10 of 2002

Overview

The Veterans' Entitlements Act 1986, enacted by the Commonwealth Parliament, is a significant piece of legislation designed to provide various forms of assistance and support to Australian veterans, their spouses, and their children. One specific legislative instrument, F2006B00105, is an amendment to the Statement of Principles concerning cholelithiasis (gallstones) ICD code: 574, issued under the authority of the Repatriation Medical Authority. This amendment was introduced to address the need for updated definitions in the legislative framework to ensure that veterans' entitlements are accurately assessed and applied. The policy objective of this instrument is to refine the criteria for medical conditions affecting veterans, ensuring that the provisions of the Veterans’ Entitlements Act remain relevant and effective in meeting the needs of those who have served their country.

Scope and Application

The Legislative Instrument No.10 of 2002, issued under the Veterans’ Entitlements Act 1986, pertains specifically to the amendment of the Statement of Principles concerning Cholelithiasis, a condition indexed under the ICD code 574. The Repatriation Medical Authority, exercising its powers under subsection 196B(3) of the Act, modifies Instrument No.34 of 1994, as previously amended by Instrument No.224 of 1995, by removing the definition of “mature onset diabetes mellitus” from paragraph 4. This legislative amendment applies to all cases governed by Instrument No.34 of 1994 and section 120B of the Veterans’ Entitlements Act 1986, thereby affecting the scope and interpretation of veterans' entitlements related to cholelithiasis. The Act operates on a Commonwealth level, ensuring uniform application across all states and territories of Australia. There are no explicit exclusions or exemptions mentioned in this amendment, and it does not introduce any new thresholds. The Repatriation Medical Authority retains the ability to extend or restrict the application of this amendment through subsequent subordinate instruments if necessary.

Key Provisions

The main operative sections of the legislative instrument are concise yet significant. Firstly, paragraph 4 of the Statement of Principles concerning Cholelithiasis ICD Code: 574 is amended by deleting the definition of "mature onset diabetes mellitus" (Section 1). This change is intended to refine the scope and application of the principles concerning cholelithiasis under the Veterans’ Entitlements Act 1986. The amendment ensures that the definition of "mature onset diabetes mellitus" is no longer included in the document, potentially affecting the eligibility criteria or the interpretation of the conditions covered by the Act. The Act imposes several obligations on the parties and entities it governs. Primarily, the Repatriation Medical Authority, as the amending body, must ensure that the changes made to the Statement of Principles are accurately documented and reflect the intended legislative intent. This includes verifying that the deletion of the definition of "mature onset diabetes mellitus" is correctly implemented and communicated to all relevant stakeholders. Additionally, any parties affected by this change must adhere to the updated principles when assessing claims related to cholelithiasis, ensuring consistency and fairness in the application of veterans’ entitlements. In terms of consequences for breach, the legislative instrument does not explicitly outline specific offences or penalties for non-compliance with the amended principles. However, under the broader framework of the Veterans’ Entitlements Act 1986, any failure to comply with the amended Statement of Principles could result in civil or administrative penalties. These could include financial penalties or other corrective measures imposed by the Repatriation Medical Authority to ensure adherence to the legislative requirements. Additionally, if the non-compliance leads to incorrect assessments or entitlements being awarded, it could also result in the need for restitution or other remedial actions to rectify any injustices caused.