Amendment of Statement of Principles concerning cholelithiasis No. 223 of 1995

Overview

The Veterans’ Entitlements Act 1986, enacted by the Parliament of Australia, was designed to provide benefits and services to veterans and their families. In 1995, the Repatriation Medical Authority introduced an amendment to address a specific gap in the recognition and treatment of cholelithiasis, commonly known as gallstones, among veterans. This legislative instrument aimed to clarify the definition of cholelithiasis to ensure that it was properly identified and treated under the Act, thereby improving the medical care and entitlements available to affected veterans. The policy objective was to enhance the accuracy of medical assessments and the appropriateness of the benefits provided to those suffering from this condition.

Scope and Application

This legislative instrument amends the Statement of Principles concerning cholelithiasis, which is a condition involving the formation of gallstones in the gall bladder or bile ducts, under the Veterans’ Entitlements Act 1986. The instrument, issued by the Repatriation Medical Authority, modifies Instrument No.33 of 1994 by introducing a new definition for "cholelithiasis" or gallstones, clarifying that it refers to a calculus formed by the accretion or concretion of bile constituents, with the ICD code 574. The amendment is aimed at ensuring a precise understanding of the medical condition in the context of veterans' entitlements. The changes apply to all matters governed by Instrument No.33 of 1994 and section 120A of the Act, thereby affecting veterans who claim entitlements related to cholelithiasis. There are no specified exclusions or thresholds in this amendment, and it does not extend or restrict the application of the Act beyond the scope of the original instrument.

Key Provisions

The legislative instrument in question, numbered 223 of 1995, amends the existing Statement of Principles concerning cholelithiasis, which was initially outlined in Instrument No.33 of 1994. This amendment, under subsection 196B(2) of the Veterans’ Entitlements Act 1986, introduces a new definition for the term "cholelithiasis" or "gallstones." Specifically, it states that cholelithiasis refers to the formation of gallstones in the gall bladder or bile ducts, resulting from the accretion or concretion of bile constituents, and corresponds to ICD code 574 (paragraph 1). These amendments apply to all matters governed by Instrument No.33 of 1994 and section 120A of the Act (paragraph 2). The operative sections of this instrument primarily involve the definition of "cholelithiasis" or "gallstones" in the context of the Veterans’ Entitlements Act 1986. By inserting a new definition, the legislation seeks to provide clarity and precision regarding the condition of gallstones. This definition is intended to ensure that the term is uniformly understood and applied in all matters related to veterans' entitlements. The Repatriation Medical Authority is responsible for ensuring that these amendments are implemented and adhered to in all relevant cases. This includes interpreting the new definition in the context of veterans' claims and entitlements. The Authority must ensure that all parties involved—such as claimants, medical professionals, and administrative bodies—are aware of and apply the updated definition accurately. This may involve providing guidance, training, or clarification to relevant stakeholders to facilitate the proper application of the amended definition. The legislation also imposes certain obligations on the parties and entities it governs. The Repatriation Medical Authority must ensure that the new definition of cholelithiasis is incorporated into all relevant documents, policies, and practices. This includes updating internal systems, training personnel, and communicating changes to external stakeholders. Additionally, the Authority must oversee the application of this definition in all existing and future cases, ensuring consistency and fairness in the treatment of veterans' claims. In terms of penalties and consequences, the legislative instrument does not explicitly outline specific penalties for non-compliance with the amended definition. However, any failure to adhere to the provisions of the Veterans’ Entitlements Act 1986 and its amendments could potentially result in legal and administrative repercussions. These may include the rejection of claims, the need for re-evaluation of past decisions, or administrative sanctions against the Repatriation Medical Authority for failing to implement the legislative changes effectively. Although the instrument does not specify maximum penalties, the broader legislative framework under which it operates may include provisions for fines, legal action, or other corrective measures for non-compliance.