Instrument No. 25 of 2004
Amendment of Statement of Principles
concerning
OSTEOPOROSIS
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
1. As directed by the Specialist Medical Review Council, under subsection 196W(4) of the Veterans’ Entitlements Act 1986 (the VEA), the Repatriation Medical Authority amends, pursuant to subsection 196B(10) of the VEA, Instrument No. 67 of 2002 by:
A. in paragraph 2, deleting sub-paragraph (b)(i) and inserting in its place the following:
“bone mineral density is more than 2.5 standard deviations below the mean bone mineral density of young adult sex-matched controls; or”
B. in paragraph 5, deleting factor (p) and inserting in its place the following:
“(p) having an altered dietary pattern resulting in a decrease in average daily calcium intake to 400mg/day or less, for a period of 2 years before age 20 years, or for a period of 7 years after that age, or the equivalent combination thereof, before the clinical onset of osteoporosis; or”
C. in paragraph 5, deleting factor (zf) and inserting in its place the following:
“(zf) having an altered dietary pattern resulting in a decrease in average daily calcium intake to 400mg/day or less, for a period of 2 years before age 20 years, or for a period of 7 years after that age, or the equivalent combination thereof, before the clinical worsening of osteoporosis; or”
D. in paragraph 8, inserting after the definition of “ICD-10-AM code” the following:
“or the equivalent combination” in paragraphs 5(p) and 5(zf) means a calculation where one year of exposure before age 20 years is equivalent to 3.5 years of exposure after age 20;”
2. In accordance with subsection 196B(13) of the VEA, the date of effect of this amendment is 21 July 2004.
3. The amendments made by this instrument apply to all matters to which Instrument No. 67 of 2002, section 120A of the VEA and section 338 of the Military Rehabilitation and Compensation Act 2004 apply.
Dated this 17th day of August 2004
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
Overview
This legislative instrument, issued in 2004 by the Repatriation Medical Authority under the direction of the Specialist Medical Review Council, amends the Statement of Principles concerning Osteoporosis as part of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The amendments aim to address specific criteria for the diagnosis and worsening of osteoporosis, particularly by altering the definition of bone mineral density and dietary factors contributing to the condition. The changes seek to provide clearer and more precise guidelines for medical assessments related to osteoporosis, ensuring that veterans and military personnel receive appropriate recognition and compensation for conditions linked to their service. This legislative action reflects a commitment to refining the criteria for osteoporotic conditions, ensuring that the benefits system is both fair and adequately addresses the health needs of those who have served.
Scope and Application
The legislative instrument amends the Statement of Principles concerning Osteoporosis under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This amendment, issued by the Repatriation Medical Authority and effective from 21 July 2004, modifies specific criteria related to bone mineral density and dietary patterns that contribute to the onset or worsening of osteoporosis. The changes apply to all matters governed by Instrument No. 67 of 2002, section 120A of the VEA, and section 338 of the Military Rehabilitation and Compensation Act 2004. This includes veterans and eligible persons under these Acts who are seeking compensation for service-related conditions, ensuring the criteria for diagnosing and assessing osteoporosis are updated to reflect current medical understanding. The amendment does not specify exclusions or exemptions, and its application extends to all relevant cases within the specified legislative framework.
Key Provisions
The legislative instrument amends the Statement of Principles concerning Osteoporosis under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004. The main operative sections include the deletion and insertion of specific criteria related to the diagnosis and dietary factors associated with osteoporosis (sections 2 and 5). Specifically, section 2 introduces a new definition for bone mineral density, while sections 5(p) and 5(zf) revise the dietary pattern factors that can contribute to the clinical onset and worsening of osteoporosis. Additionally, section 8 provides clarification on the equivalent combination of exposure periods for these dietary factors.
The Act imposes specific obligations on the parties it governs, primarily those involved in assessing claims related to osteoporosis under the VEA and the Military Rehabilitation and Compensation Act 2004. Medical professionals and authorities must adhere to the revised criteria for diagnosing osteoporosis, including the specified bone mineral density thresholds and dietary intake factors. Claimants must also provide evidence that aligns with these updated criteria to substantiate their claims. The amendments ensure that the assessment process is consistent with the latest medical understanding of osteoporosis, thereby affecting how claims are evaluated and potentially approved.
Breaches of the provisions outlined in this legislative instrument may lead to civil or criminal consequences. While the instrument itself does not explicitly state penalties for non-compliance, the overarching Acts under which these amendments operate may impose penalties for incorrect assessments or fraudulent claims. For instance, under the VEA, penalties for providing false information could include fines or imprisonment. The severity of the penalties would depend on the nature and extent of the breach, with maximum penalties varying according to the specific provisions of the VEA and other related legislation.