Instrument No.12 of 2001
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(3) of the Veterans’ Entitlements Act 1986 and subsection 33(3) of the Acts Interpretation Act 1901, Instrument No.79 of 1999 by:
- 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 it is more probable than not on the sound medical-scientific evidence available, that the only factor that can 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 exist before it can be said that, on the balance of probabilities, 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.79 of 1999 and section 120B 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 Veterans' Entitlements Act 1986 was enacted to provide various benefits and support to veterans and their families in Australia. One of the amendments to this Act is the legislative instrument F2005B02443, introduced in 2001 by the Repatriation Medical Authority. This amendment specifically addresses the issue of polycythaemia vera in veterans, a rare blood disorder, by modifying the Statement of Principles concerning its causation in relation to service. The policy objective of this amendment is to ensure that veterans who are unable to obtain appropriate clinical management for polycythaemia vera during their service can be more readily recognised as having their condition exacerbated or caused by their military service. The amendments aim to provide clearer criteria and evidence-based reasoning to support claims related to this condition.
Scope and Application
The Legislative Instrument No.12 of 2001 amends the Statement of Principles concerning polycythaemia vera under the Veterans' Entitlements Act 1986. This amendment applies to all matters that were previously governed by Instrument No.79 of 1999 and section 120B of the Act. The Repatriation Medical Authority has revised the principles to reflect that it is more probable than not, based on available medical-scientific evidence, that the inability to obtain appropriate clinical management for polycythaemia vera during relevant service is the only factor that can be related to the cause or material contribution to, or aggravation of, polycythaemia vera or death from polycythaemia vera. This legislative change ensures that the criteria for assessing the link between relevant service and the condition are based on the most recent medical-scientific evidence available. The amendment streamlines the assessment process by removing certain clauses and renumbering others, making the criteria clearer and more focused on the identified causal factor.
Key Provisions
The legislative instrument amends Instrument No.79 of 1999 under the Veterans’ Entitlements Act 1986 and the Acts Interpretation Act 1901, updating the Statement of Principles concerning polycythaemia vera (section 1(A) and (B)). Specifically, it replaces clauses 3 and 4 to refine the criteria for determining if polycythaemia vera or death from polycythaemia vera can be linked to relevant service. The updated clause 3 states that the Repatriation Medical Authority finds it more probable than not that the inability to obtain appropriate clinical management for polycythaemia vera is the only factor that can be related to the cause or material contribution to or aggravation of polycythaemia vera or death from it (section 1(A)). Clause 4 elaborates that this inability to obtain appropriate clinical management is the necessary factor for a person's relevant service to cause or materially contribute to or aggravate polycythaemia vera or death from it (section 1(B)).
The obligations imposed by this legislative instrument on the parties it governs, particularly the Repatriation Medical Authority, include the requirement to re-evaluate the evidence and criteria concerning the link between polycythaemia vera and relevant service. The Authority must ensure that its findings align with the updated Statement of Principles, which now focus on the inability to obtain appropriate clinical management as a critical factor. The Authority must apply these amended criteria consistently to all matters governed by Instrument No.79 of 1999 and section 120B of the Veterans’ Entitlements Act 1986 (section 2).
The legislative instrument does not explicitly detail offences, penalties, or civil/criminal consequences for non-compliance. However, non-compliance with the Repatriation Medical Authority's obligations could potentially lead to legal challenges or reviews, as the authority's decisions impact veterans’ entitlements. Given that the legislative instrument is a procedural amendment, the primary consequences of non-compliance would likely involve the invalidation of certain claims or entitlements for veterans if the Repatriation Medical Authority fails to adhere to the updated criteria. This could result in veterans not receiving the benefits they are entitled to under the Act, highlighting the importance of accurate and timely application of the amended provisions.