Amendment of Statement of Principles concerning malignant neoplasm of the endometrium No. 184 of 1996

Administered by Department of Veterans' Affairs

Legislation au F2006B00251 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 to address the problem of defining "obesity" within the context of the Veterans’ Entitlements Act 1986. The Act was introduced by the Parliament of Australia to provide clarity on the specific conditions under which "being obese" could be recognised as a contributing factor to other diseases. The Repatriation Medical Authority, recognising that "obesity" was not classified as a "disease" or "injury" under the existing definitions, undertook a review of relevant medical-scientific evidence to establish a new definition. The policy objective was to identify the causes of "being obese" that would qualify under the Act, ensuring that veterans could receive appropriate entitlements where "being obese" was a precursor to other recognised conditions. The Authority concluded that "being obese" could arise from various factors, including environmental influences, drug therapy, specific disorders, and hormonal imbalances, provided there was a significant weight gain of at least 20% of the baseline weight.

Scope and Application

The Repatriation Medical Authority Statement about the Causes of “Being Obese” provides a definition of obesity for the purposes of determining eligibility for certain benefits under the Veterans’ Entitlements Act 1986. The Statement identifies the various factors that can lead to obesity, including exposure to an environment that encourages excessive caloric intake, therapy with certain drugs, and various medical conditions. The Statement applies to veterans and their dependants who are seeking to claim benefits related to obesity. The Statement is limited in its application to the extent that it only applies to cases where obesity is a causal factor in a disease or injury, and not to cases where obesity is an independent condition. The Statement may be supplemented by subordinate instruments, such as regulations or guidelines, that provide further detail on the application of the Statement. The Statement is a Commonwealth instrument, and applies nationally.

Key Provisions

The Repatriation Medical Authority (RMA) in its statement regarding the causes of obesity has outlined specific conditions under which being obese can be considered a factor in certain diseases (Section 1). The RMA has identified several factors that can lead to obesity, including exposure to an environment that encourages excessive caloric intake (Section 2(a)), undergoing therapy with specific drugs (Section 2(b)), suffering from binge-eating disorder (Section 2(c)), hypercortisolism (Section 2(d)), hypothyroidism (Section 2(e)), or a hypothalamic disorder causing hyperphagia (Section 2(f)). These factors must result in a weight gain of at least 20% of the individual's baseline weight. The Act imposes obligations on the parties involved to recognise these specified factors as causes of obesity under certain conditions. For example, medical practitioners and health professionals must acknowledge these factors when diagnosing and treating patients with obesity-related conditions. Additionally, claimants seeking benefits related to obesity must provide evidence that their condition falls within the criteria established by the RMA. These obligations ensure that the definition and recognition of obesity as a condition are consistent and based on sound medical-scientific evidence. Failure to comply with the provisions of the Act can result in various consequences. For instance, individuals or entities that do not adhere to the defined causes of obesity may face civil or criminal penalties. The specific penalties are not detailed in the Act, but they could include fines, legal action, or other sanctions as determined by relevant authorities. Furthermore, inaccurate or misleading information regarding the causes of obesity could lead to revocation of benefits or entitlements related to veterans' affairs, thereby underscoring the importance of accurate and evidence-based reporting and diagnosis. In summary, the Act sets forth a clear definition of the causes of obesity, mandates specific obligations on health professionals and claimants, and outlines potential penalties for non-compliance. This framework ensures that obesity is recognised and treated based on established medical criteria, facilitating fair and consistent application of veterans' entitlements related to obesity.

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