Instrument No.11 of 2000
Amendment of Statement of Principles
concerning
POLYCYTHAEMIA VERA
ICD-10-AM CODE: D45
Veterans’ Entitlements Act 1986
1. The Repatriation Medical Authority amends, under subsection 196B(2) of the Veterans’ Entitlements Act 1986 and subsection 33(3) of the Acts Interpretation Act 1901, Instrument No.78 of 1999 by:
A. deleting clause 3 and inserting in its place the following clause:
“3. After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that the only factor that may be related to the cause of or material contribution to or aggravation of polycythaemia vera or death from polycythaemia vera and which can be related to relevant service is that set out in clause 4.”
B. deleting clause 4 and inserting in its place the following clause:
“4. The factor that must as a minimum exist in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating polycythaemia vera or death from polycythaemia vera is inability to obtain appropriate clinical management for polycythaemia vera.”
C. deleting the headnotes to and clauses 5 and 6.
D. renumbering clauses 7, 8 and 9 as clauses 5, 6 and 7.
2. The amendments made by this instrument apply to all matters to which Instrument No.78 of 1999 and section 120A of the Act apply.
Dated this Third day of January 2001
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of )
KEN DONALD
CHAIRMAN
Overview
The legislative instrument F2005B02442, titled "Amendment of Statement of Principles concerning POLYCYTHAEMIA VERA ICD-10-AM CODE: D45" under the Veterans' Entitlements Act 1986, was enacted in 2001. This amendment was introduced to address the specific criteria for establishing a link between polycythaemia vera and military service for the purposes of veterans' entitlements. The Veterans' Entitlements Act 1986, enacted by the Australian Parliament, provides for the payment of pensions and other benefits to veterans and their dependants. The policy objective of this particular amendment is to ensure that the medical-scientific evidence supports the claim that a veteran's inability to obtain appropriate clinical management for polycythaemia vera during their service is a factor that can be related to the cause or aggravation of the condition. The Repatriation Medical Authority, as the enacting body, has revised the criteria to reflect the latest medical understanding of polycythaemia vera and its relation to service conditions.
Scope and Application
This legislative instrument amends the Statement of Principles concerning Polycythaemia Vera, a condition identified by ICD-10-AM code D45, as part of the Veterans’ Entitlements Act 1986. The Repatriation Medical Authority, utilising its authority under the Acts Interpretation Act 1901, has updated the criteria that must be met for a veteran to claim compensation for polycythaemia vera related to their service. Specifically, the amendments revise the conditions under which a veteran's service may be deemed to cause, materially contribute to, or aggravate polycythaemia vera or death from this condition. The new clause 4 emphasises the need for veterans to have been unable to obtain appropriate clinical management for polycythaemia vera during their service, which must be a minimum requirement to establish a link between their service and the condition. These amendments apply to all relevant matters governed by the original Statement of Principles and the Veterans’ Entitlements Act, thereby affecting the scope and application of veterans' compensation claims related to polycythaemia vera.
Key Provisions
The legislative instrument (No.11 of 2000) amends Instrument No.78 of 1999 concerning the Statement of Principles for polycythaemia vera under the Veterans’ Entitlements Act 1986. Specifically, it modifies the understanding of the conditions related to polycythaemia vera in veterans. Clause 3 now states that the Repatriation Medical Authority considers there is evidence linking polycythaemia vera to the inability to obtain appropriate clinical management during relevant service (s.1A). Clause 4 specifies that the inability to obtain appropriate clinical management is the minimum factor necessary to consider polycythaemia vera related to relevant service (s.1B). Additionally, it removes clauses 5 and 6 and renumbers clauses 7, 8, and 9 to clauses 5, 6, and 7 respectively (s.1C and 1D).
This Act imposes specific obligations on the Repatriation Medical Authority and relevant parties. The Repatriation Medical Authority must review and assess the available medical-scientific evidence to determine the connection between polycythaemia vera and service-related factors (s.1A). Parties claiming entitlement must provide evidence supporting their claim, particularly focusing on the inability to obtain appropriate clinical management during their service (s.1B). This requirement ensures that any claims are substantiated by relevant medical and service history.
Breach of the obligations set forth in this legislation could result in various consequences. For instance, if the Repatriation Medical Authority fails to accurately assess claims based on the amended principles, it could lead to incorrect decisions on veterans' entitlements. Claimants who provide false or misleading information to support their claims could face legal repercussions, including fines or imprisonment. The specific penalties for such offences are not detailed in this instrument but would be in line with general legal provisions concerning fraud and misrepresentation in veterans' claims.