Amendment of Statement of Principles concerning cholelithiasis No. 224 of 1995

Overview

The Legislative Instrument No.224 of 1995, titled "Amendment of Statement of Principles concerning CHOLELITHIASIS ICD CODE: 574", was enacted to amend the existing Statement of Principles concerning cholelithiasis (gallstones) under the Veterans’ Entitlements Act 1986. This amendment was introduced to address the need for a more accurate and medically precise definition of cholelithiasis within the legislative framework. The Veterans’ Entitlements Act 1986, enacted by the Parliament of Australia, aims to provide various benefits and compensations to veterans and their dependants. The specific policy objective of this legislative instrument was to ensure that the definition of cholelithiasis aligns with current medical understanding and coding, thereby facilitating accurate claims and assessments under the Act. The Repatriation Medical Authority, which is responsible for the administration and interpretation of the Act, made these amendments to enhance the clarity and effectiveness of the legislative provisions related to veterans' health entitlements.

Scope and Application

The Legislative Instrument No.224 of 1995 amends the Statement of Principles concerning cholelithiasis, a condition commonly referred to as gallstones, as defined by ICD code 574. This amendment is made under subsection 196B(3) of the Veterans’ Entitlements Act 1986 and specifically alters the definition of "cholelithiasis" in the existing Instrument No.34 of 1994. By clarifying the definition, the amendments aim to ensure a more precise understanding of the condition in the context of veterans' entitlements. The changes introduced by this instrument are applicable to all matters governed by Instrument No.34 of 1994 and section 120B of the Act, thereby extending their effect to all relevant cases and claims concerning cholelithiasis within the scope of veterans' benefits. This legislative amendment does not specify any exclusions or exemptions and applies uniformly across the matters it governs.

Key Provisions

The key provisions of this legislative instrument (F2006B00106) involve amendments to the existing Statement of Principles concerning cholelithiasis (Instrument No.34 of 1994) under the Veterans’ Entitlements Act 1986 (the Act). These amendments are made pursuant to subsection 196B(3) of the Act. The main operative sections of this instrument include the insertion of a new definition for the term "cholelithiasis" or "gallstones" in paragraph 4 of the existing Statement of Principles. This new definition clarifies that cholelithiasis or gallstones are calculus of the gall bladder or bile ducts formed by accretion or concretion of bile constituents, attracting ICD code 574 (section 1). The obligations and requirements imposed by this legislative instrument are primarily focused on ensuring that the term "cholelithiasis" is accurately defined within the context of the Statement of Principles concerning cholelithiasis. This precise definition aids in the proper identification and classification of conditions related to gallstones in the context of veterans' entitlements. The amendment applies to all matters governed by Instrument No.34 of 1994 and section 120B of the Act, ensuring that the updated definition is consistently applied across relevant cases and entitlements (section 2). In terms of consequences for breach, this legislative instrument does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance. However, given its nature as an amendment to a Statement of Principles under the Veterans’ Entitlements Act 1986, any failure to adhere to the updated definition could potentially impact the adjudication of veterans' claims related to cholelithiasis. While specific penalties are not detailed in the instrument itself, non-compliance with the Act's provisions could lead to legal challenges or reviews by relevant authorities, which might result in corrections or adjustments to entitlements.