Amendment of Statement of Principles concerning plantar fasciitis No. 47 of 2003

Overview

The Repatriation Medical Authority has amended the Statement of Principles concerning Plantar Fasciitis under the Veterans’ Entitlements Act 1986 (the Act) with Instrument No.47 of 2003. This amendment addresses the need to clarify the definition of "being obese" in relation to the entitlement of veterans suffering from plantar fasciitis. The previous definition was removed and replaced with a more specific measurement based on Body Mass Index (BMI), defined as an increase in body weight by way of fat accumulation resulting in a BMI of 30 or greater. The formula BMI = W/H2, where W is the person’s weight in kilograms and H is the person’s height in metres, was introduced to ensure a consistent and objective assessment of obesity. The amendment applies to all matters governed by Instrument No.3 of 2000 and section 120A of the Act.

Scope and Application

The legislative instrument amends the Statement of Principles concerning Plantar Fasciitis under the Veterans’ Entitlements Act 1986. This amendment pertains specifically to the definition of "being obese" for the purposes of assessing veterans' entitlements. The amendment applies to all matters governed by Instrument No. 3 of 2000 and section 120A of the Act. The new definition of obesity, based on Body Mass Index (BMI), replaces the previous definition, thereby ensuring a more medically accurate and standardised method of determining eligibility for veterans' benefits related to plantar fasciitis. The instrument is effective as of its date, 7 October 2003, and is executed by the Chairman of the Repatriation Medical Authority, Ken Donald. This amendment does not extend to any other conditions or definitions outside the scope of Instrument No. 3 of 2000 and section 120A of the Act.

Key Provisions

The key operative sections of this legislative instrument are sections 1 and 2. Section 1 amends Instrument No.3 of 2000 by changing the definition of "being obese" to refer to a Body Mass Index (BMI) of 30 or greater. This definition replaces the previous one that was simply based on being obese. Section 2 clarifies that this amendment applies to all matters governed by Instrument No.3 of 2000 and section 120A of the Veterans’ Entitlements Act 1986. The new definition of "being obese" is based on a person's BMI, which is calculated by dividing their weight in kilograms by the square of their height in metres. This amendment imposes obligations on parties and entities governed by the Veterans’ Entitlements Act 1986, specifically those dealing with matters related to plantar fasciitis. It requires them to use the new definition of "being obese" when assessing claims and entitlements. This means that for any claims or entitlements related to plantar fasciitis, the new BMI-based definition of obesity must be applied. This change ensures consistency and accuracy in determining eligibility for benefits based on the condition of being obese. Breaches of this amended legislation could result in civil or administrative penalties, though the specific consequences are not detailed in the instrument itself. The Veterans’ Entitlements Act 1986 and associated regulations would provide further guidance on the penalties for non-compliance. Given the nature of the amendment, the primary concern would likely be ensuring that all assessments and decisions are made in accordance with the new definition of obesity, thereby avoiding any potential disputes or legal challenges based on incorrect applications of the term. The maximum penalties for breaches are not explicitly stated in this legislative instrument, but they can be found in the relevant sections of the Veterans’ Entitlements Act 1986 and related regulations. Generally, penalties for non-compliance with veterans’ entitlements legislation can include fines and other administrative sanctions. The precise penalties would depend on the severity and intent of the breach, as well as any applicable guidelines or precedents set by the Repatriation Medical Authority or relevant courts.