Amendment Statement of Principles
concerning
OSTEOARTHRITIS
(Reasonable Hypothesis)
(No. 76 of 2022)
The Repatriation Medical Authority determines the following Amendment Statement of Principles under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986.
Dated 24 June 2022
The Common Seal of the
Repatriation Medical Authority
was affixed to this instrument
at the direction of: |
Professor Terence Campbell AM Chairperson |
Contents
1 Name
2 Commencement
3 Authority
4 Amendment
1 Name
This is the Amendment Statement of Principles concerning osteoarthritis (Reasonable Hypothesis) (No. 76 of 2022).
2 Commencement
This instrument commences on 25 July 2022.
3 Authority
This instrument is made under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986.
4 Amendment
The Statement of Principles concerning osteoarthritis (Reasonable Hypothesis) (No. 61 of 2017) (Federal Register of Legislation No. F2017L01443) is amended in the following manner:
Section | Amendment |
9(13) | Replace the existing factor in subsection 9(13) with the following: for osteoarthritis of a joint of the upper limb only: Note: joint of the upper limb is defined in the Schedule 1 - Dictionary. (a) performing: (i) forceful or repetitive activities involving the affected joint; or (ii) tasks involving repeated or sustained pinch grip or hand/power grip; for an average of at least 100 hours per month, for a cumulative period of at least ten years within a continuous period of 15 years, before the clinical onset of osteoarthritis in that joint; or Note: hand/power grip, pinch grip and repetitive activities are defined in the Schedule 1 – Dictionary. (b) using a hand-held, vibrating percussive tool or object on more days than not, for a cumulative period of at least ten years, before the clinical onset of osteoarthritis in that joint; |
9(35) | Replace the existing factor in subsection 9(35) with the following: for osteoarthritis of a joint of the upper limb only: Note: joint of the upper limb is defined in the Schedule 1 - Dictionary. (a) performing: (i) forceful or repetitive activities involving the affected joint; or (ii) tasks involving repeated or sustained pinch grip or hand/power grip; for an average of at least 100 hours per month, for a cumulative period of at least ten years within a continuous period of 15 years, before the clinical worsening of osteoarthritis in that joint; or Note: hand/power grip, pinch grip and repetitive activities are defined in the Schedule 1 – Dictionary. (b) using a hand-held, vibrating percussive tool or object on more days than not, for a cumulative period of at least ten years, before the clinical worsening of osteoarthritis in that joint; |
Schedule 1 – Dictionary | Insert the following definition of "joint of the upper limb" in alphabetical order: joint of the upper limb means the glenohumeral joint, the acromioclavicular joint, the elbow joint or any joint of the wrist or hand. |
Overview
The Amendment Statement of Principles concerning osteoarthritis (Reasonable Hypothesis) (No. 76 of 2022) was enacted to address specific gaps in the previous Statement of Principles concerning osteoarthritis (Reasonable Hypothesis) (No. 61 of 2017). This amendment was introduced to ensure a more accurate and comprehensive assessment of veterans' claims related to osteoarthritis, particularly focusing on the upper limb. The Repatriation Medical Authority, under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986, made this amendment to align with updated medical understanding and evidence, ensuring that veterans receive appropriate recognition and support for their conditions. The policy objective of this amendment is to provide clarity and fairness in the assessment process for veterans suffering from osteoarthritis, particularly in relation to their employment history and the specific activities that may have contributed to their condition.
Scope and Application
The Amendment Statement of Principles concerning Osteoarthritis (Reasonable Hypothesis) (No. 76 of 2022) applies to veterans who are seeking recognition and compensation for osteoarthritis in their upper limb joints. This instrument, which commenced on 25 July 2022, amends the existing Statement of Principles concerning osteoarthritis (Reasonable Hypothesis) (No. 61 of 2017). It is made under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986 by the Repatriation Medical Authority, a body responsible for determining such statements of principles. The amendment specifically modifies the criteria for the onset and clinical worsening of osteoarthritis in upper limb joints, specifying the conditions under which such osteoarthritis can be reasonably hypothesised to have been caused by service. This legislation is applicable nationally, as it pertains to veterans across Australia who may be seeking benefits related to service-related injuries and illnesses. The amendment restricts its application to the specified joint definitions and excludes any other joints not explicitly listed, thereby refining the scope of the previous legislation.
Key Provisions
The Amendment Statement of Principles concerning Osteoarthritis (Reasonable Hypothesis) (No. 76 of 2022) amends the existing Statement of Principles regarding osteoarthritis, specifically addressing osteoarthritis of the upper limb (sections 9(13) and 9(35)). The updated provisions require that, for osteoarthritis of a joint in the upper limb, the individual must have either performed certain activities or tasks for a specified duration and frequency or used a hand-held, vibrating percussive tool on more days than not for a cumulative period before the clinical onset or worsening of osteoarthritis. The definition of "joint of the upper limb" is clarified in the Schedule 1 - Dictionary, encompassing the glenohumeral joint, the acromioclavicular joint, the elbow joint, or any joint of the wrist or hand.
The Act imposes specific obligations on the parties it governs. For veterans or their representatives seeking compensation or benefits related to osteoarthritis of the upper limb, they must now provide evidence that aligns with the updated criteria in the Amendment Statement of Principles. This includes demonstrating either the performance of forceful or repetitive activities or tasks involving specific types of grip, or the use of a hand-held, vibrating percussive tool, for the required duration and frequency. The onus is on the claimant to furnish sufficient evidence that meets the criteria set out in the amended provisions.
Breach of the requirements or submission of false evidence in an attempt to claim benefits under the Veterans' Entitlements Act 1986 could result in civil or criminal consequences. Although the specific penalties are not detailed in the Amendment Statement of Principles, general provisions within the Act outline potential penalties for providing false or misleading information. This could include fines or imprisonment, depending on the severity of the breach. The Act aims to ensure that claims for benefits are legitimate and that evidence provided is accurate and truthful, maintaining the integrity of the compensation process for veterans.