Amendment of Statement of Principles concerning plantar fasciitis No. 48 of 2003

Overview

The Legislative Instrument No.48 of 2003, enacted on the seventh day of October 2003, amends the Statement of Principles concerning Plantar Fasciitis under the Veterans’ Entitlements Act 1986. The Repatriation Medical Authority introduced this amendment to redefine the term "being obese" within the context of the Act. The policy objective behind this amendment is to standardise the definition of obesity by specifying it as an increase in body weight due to fat accumulation, resulting in a Body Mass Index (BMI) of 30 or greater. This legislative instrument seeks to ensure a consistent and medically recognised criterion for determining obesity, thereby impacting eligibility and assessment processes for veterans’ entitlements related to plantar fasciitis.

Scope and Application

The Legislative Instrument No. 48 of 2003, amending the Statement of Principles concerning Plantar Fasciitis under the Veterans’ Entitlements Act 1986, is targeted at the Repatriation Medical Authority and applies to all matters governed by Instrument No. 4 of 2000 and section 120B of the Act. Specifically, it pertains to veterans who are seeking benefits related to plantar fasciitis, a condition that can be exacerbated by obesity. The amendment redefines "being obese" as an increase in body weight due to fat accumulation resulting in a Body Mass Index (BMI) of 30 or greater, calculated by the formula BMI = W/H², where W is the person's weight in kilograms and H is the person's height in metres. This amendment ensures a standardised definition of obesity, facilitating consistent assessment and eligibility for veterans' benefits. The legislative change is geographically applicable within the Commonwealth of Australia, reinforcing its national reach. There are no exclusions, exemptions, or thresholds specified in the instrument, but its application may be further extended or restricted by subordinate instruments as needed.

Key Provisions

The main operative sections of this legislative instrument (F2005B02418) are focused on amending the definition of "being obese" as it pertains to plantar fasciitis under the Veterans’ Entitlements Act 1986 (the Act). Specifically, section 1 of this instrument deletes the previous definition of obesity and replaces it with a new definition (section 2). This new definition is based on a Body Mass Index (BMI) of 30 or greater, which is calculated by dividing a person's weight in kilograms by the square of their height in metres (section 2(2)). This amendment applies to all matters governed by Instrument No.4 of 2000 and section 120B of the Act (section 2(3)). This amendment imposes a clear and specific requirement on the parties and entities it governs, namely the Repatriation Medical Authority. It mandates that the Authority must now use the new definition of obesity, which is based on BMI, when assessing cases of plantar fasciitis in veterans. This change ensures that the definition is consistent and medically recognised, providing a standardised approach to determining eligibility for entitlements related to plantar fasciitis. This requirement is critical for maintaining uniformity and fairness in the assessment process. The legislation does not explicitly outline specific offences, penalties, or consequences for non-compliance with this amendment. However, given the nature of the Veterans' Entitlements Act 1986, any failure to adhere to the updated definition of obesity could potentially lead to legal challenges or disputes regarding the validity of entitlement assessments. Non-compliance might also result in administrative penalties or the need for corrective actions to rectify any incorrectly assessed entitlements. While the exact penalties are not detailed in this instrument, the overarching Act may provide for fines or other civil remedies for non-compliance with its provisions.