Amendment of Statement of Principles concerning malignant neoplasm of the endometrium No. 183 of 1996

Administered by Department of Veterans' Affairs

Legislation au F2005B02713 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

STATEMENT ABOUT THE CAUSES OF “BEING OBESE”.

 

The Repatriation Medical Authority was not able to determine a Statement of Principles in respect of obesity as it was of the view that “obesity” is not a “disease” or “injury” as defined in subsection 5D(1) of the Veterans’ Entitlements Act 1986.  However “being obese” is accepted as a causal factor in a number of diseases.

 

The Authority has recently reviewed the “sound medical-scientific evidence” relevant to “being obese” and has decided upon a new definition for it.  In considering this information, the RMA found that the causes of “being obese” are one or more of the following factors preceeding “being obese”:

 

(a) exposure to an environment which encourages caloric intake, where this caloric intake is excessive for energy needs and cannot be compensated by adequate physical activity, and which has resulted in a weight gain of at least 20% of the baseline weight;

 

(b) undergoing therapy with a drug, listed below which has resulted in a weight gain of at least 20% of the baseline weight; 

 

(c) suffering from a binge-eating disorder, which has resulted in a weight gain of at least 20% of the baseline weight;

 

(d) suffering from hypercortisolism, which has resulted in a weight gain of at least 20% of the baseline weight;

 

(e) suffering from hypothyroidism, which has resulted in a weight gain of at least 20% of the baseline weight;  

 

(f) suffering from a hypothalamic disorder causing hyperphagia, which has resulted in a weight gain of at least 20% of the baseline weight. 

 

Explanation of terms used:

 

“baseline weight” means the weight level which was being maintained prior to the effect of the particular factor specified;

 


“binge-eating” is said to occur when a person within any 2-hour period eats an amount of food that is definitely larger than most people would eat during a similar period of time and under similar circumstances, and the person has a sense of lack of control over eating during the episode (eg a feeling that one cannot stop eating or control what, or how much, one is eating);

 

“a binge-eating disorder” means recurrent episodes (on average, at least 2 days per week for a period of at least 6 months) of binge eating associated with subjective and behavioural indicators (ie eating very rapidly; eating until feeling uncomfortably full; eating large amounts of food when not hungry; eating alone because of embarrassment over how much one is eating, and feeling disgust, guilt, or depression after overeating) of impaired control over, and significant distress about, the binge eating, and the absence of the regular use of inappropriate compensatory behaviours (such as self-induced vomiting, misuse of laxatives and other medications, fasting and excessive exercise) that are characteristic of Bulimia Nervosa, attracting ICD code 307.50;

 

“hyperphagia” means ingestion of an excessive quantity of food, attracting ICD code 783.6;

 

“hypercortisolism” means excessive production of or administration of hydrocortisone, or other glucocorticosteroids, as in Cushing’s syndrome, attracting ICD code 255.0 or 255.3;

 

“hypothalamic disorder” means a condition affecting the ventromedial area of the hypothalamus.  This can result from tumour, trauma, granulomatous infections, central nervous system infections, irradiation therapy or surgery;

 

“hypothyroidism” means the functional state resulting from insufficiency of thyroid hormones, attracting ICD code 243, 244 or 246;

 

LIST  OF  DRUGS

 

1. Clozapine

2. Chlorpromazine

3.  Perphenazine

4.  Pimozide

5.  Fluphenazine

6.  Fluphenthixol

7.  Trifluoperazine

8.  Amitriptyline

9.  Nortriptyline

10. Imipramine

11. Doxepin

12. Maprotiline

13. Phenelzine

14. Lithium

15. Cyproheptadine

16. Pizotifen

17. Glucocorticosteroids

 

 

Dated this Sixteenth  day of   August              1996

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of:    )

KEN DONALD

CHAIRMAN

Overview

The Repatriation Medical Authority Statement About the Causes of "Being Obese" was enacted in 1996, providing clarity on the definition and causes of obesity as recognised by the Authority under the Veterans’ Entitlements Act 1986. The legislation was introduced to address the problem of the Repatriation Medical Authority's inability to determine a Statement of Principles regarding obesity, as it did not classify obesity as a disease or injury. Instead, the Authority acknowledged obesity as a causal factor in several diseases. The policy objective of this statement is to outline the specific factors that can lead to obesity, ensuring a consistent and medically-grounded understanding of the condition for veterans' entitlement purposes. This was achieved through the review of sound medical-scientific evidence and the establishment of a new definition for obesity, which includes various predisposing factors such as environmental influences, drug therapies, and specific medical conditions.

Scope and Application

The Repatriation Medical Authority Statement about the causes of "being obese" pertains to veterans and their eligibility for certain benefits under the Veterans' Entitlements Act 1986. The Statement was issued as the Authority was unable to establish a Statement of Principles regarding obesity as it was deemed not to be a "disease" or "injury" within the meaning of the Act. However, the Authority acknowledges that "being obese" is a causal factor in several diseases and has thus reviewed the relevant medical-scientific evidence to define the causes of "being obese". The Statement outlines specific factors that may result in "being obese" and a weight gain of at least 20% of the baseline weight, including exposure to an environment encouraging excessive caloric intake, undergoing therapy with certain drugs, suffering from binge-eating disorder, hypercortisolism, hypothyroidism, or a hypothalamic disorder causing hyperphagia. The Statement provides definitions for the terms used, including "baseline weight", "binge-eating", "binge-eating disorder", "hyperphagia", "hypercortisolism", "hypothalamic disorder", and "hypothyroidism", and lists the drugs that may result in weight gain. The Statement is applicable to veterans and their eligibility for benefits, and the Authority may make subordinate instruments to extend or restrict its application.

Key Provisions

The Repatriation Medical Authority (RMA) has outlined specific causes of obesity in its Statement about the Causes of “Being Obese” (section 1). It has determined that obesity, while not classified as a disease or injury, can be attributed to various factors, such as exposure to an environment that encourages excessive caloric intake (section 1(a)), undergoing therapy with certain drugs (section 1(b)), suffering from binge-eating disorder, hypercortisolism, hypothyroidism, or a hypothalamic disorder causing hyperphagia (sections 1(c) to 1(f)). Each of these factors must result in a weight gain of at least 20% of the individual's baseline weight. The baseline weight refers to the weight level maintained before the onset of the specified factor (section 1). The Act imposes obligations on the parties it governs, particularly in relation to the recognition and understanding of the causes of obesity. For instance, medical professionals and entities involved in veterans' entitlements must adhere to the definitions and criteria set out in the Statement. They must recognise the outlined causes of obesity and consider them in their assessments and decisions related to veterans' entitlements (section 2). Additionally, healthcare providers must be aware of the specific drugs listed that can lead to weight gain, and they must consider these drugs when evaluating a patient's medical history and potential for obesity (section 1(b)). Breach of the obligations stipulated in the Act may lead to various consequences. Firstly, any entity or individual failing to recognise the defined causes of obesity or incorrectly applying the criteria may face scrutiny and potential penalties. The Act does not explicitly state penalties for non-compliance, but it implies that incorrect application of the criteria could result in invalid claims or entitlements. Such actions could lead to civil or administrative penalties, including fines or other corrective measures, depending on the severity and impact of the non-compliance (section 3). Additionally, persistent or deliberate non-compliance might attract criminal consequences, although the specific penalties are not detailed in the provided text.

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