Statement of Principles concerning adhesive capsulitis of the shoulder No. 17 of 1999

Administered by Department of Veterans' Affairs

Legislation au F2005B02959 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

ADHESIVE CAPSULITIS OF THE SHOULDER

Instrument No. 17 of 1999 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 25 November 2005
taking into account Amendment of Statement of Principles concerning ADHESIVE CAPSULITIS OF THE SHOULDER (Instrument No. 28 of 2002)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

Revocation and Determination

of

Statement of Principles

concerning

ADHESIVE CAPSULITIS OF THE SHOULDER

ICD-9-CM CODE: 726.0726.0

 

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.69 of 1996; and

 

(b) determines in its place the following Statement of Principles.

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about adhesive capsulitis of the shoulderadhesive capsulitis of the shoulder and death from adhesive capsulitis of the shoulder.

 

 (b) For the purposes of this Statement of Principles, “adhesive capsulitis of the shoulder” means inflammation of the joint capsule resulting in adhesions between the joint capsule and the peripheral articular cartilage of the shoulder with obliteration of the subdeltoid bursa and contracture of the joint capsule, attracting ICD-9-CM code 726.0.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that adhesive capsulitis of the shoulder and death from adhesive capsulitis of the shoulder can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces.

 

Factors that must be related to service

4. Subject to clause 6, at least one of the factors set out in clause 5 must be related to any relevant service rendered by the person.

 

Factors

5. The factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting adhesive capsulitis of the shoulder or death from adhesive capsulitis of the shoulder with the circumstances of a person’s relevant service are:

 

(a) suffering trauma to the affected shoulder within the six months immediately before the clinical onset of adhesive capsulitis of the shoulder; or

 

(b) suffering quadriplegia or hemiplegia involving the affected side, or monoplegia involving the affected shoulder, within the 12 months immediately before the clinical onset of adhesive capsulitis of the shoulder; or

 

(c) suffering from diabetes mellitus at the time of the clinical onset of adhesive capsulitis of the shoulder; or

 

(d) suffering trauma to the affected shoulder within the six months immediately before the clinical worsening of adhesive capsulitis of the shoulder; or

 

(e) suffering quadriplegia or hemiplegia involving the affected side, or monoplegia involving the affected shoulder, within the 12 months immediately before the clinical worsening of adhesive capsulitis of the shoulder; or

 

(f) suffering from diabetes mellitus at the time of the clinical worsening of adhesive capsulitis of the shoulder; or

 

(g) inability to obtain appropriate clinical management for adhesive capsulitis of the shoulderadhesive capsulitis of the shoulder.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(d) to 5(g) apply only to material contribution to, or aggravation of, adhesive capsulitis of the shoulder where the person’s adhesive capsulitis of the shoulder was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act refers.

Inclusion of Statements of Principles

7. In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles.

 

Other definitions

8. For the purposes of this Statement of Principles:

 

death from adhesive capsulitis of the shoulder” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s adhesive capsulitis of the shoulder;

 

“hemiplegia” means paralysis of one side of the body;

 

“ICD-9-CM code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1996, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 24447 2;

 

“monoplegia” means paralysis of one of the limbs of the body;

 

“quadriplegia” means paralysis of all four limbs of the body;

 

“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) hazardous service;

 

“terminal event” means the proximate or ultimate cause of death and includes:

 

a) pneumonia;

b) respiratory failure;

c) cardiac arrest;

d) circulatory failure; or

e) cessation of brain function;

 

trauma to the affected shoulder” means a discrete injury to the shoulder that causes the development, within 24 hours of the injury being sustained, of acute symptoms and signs of pain, and tenderness, and either altered mobility or range of movement of the shoulder joint.  These acute symptoms and signs must last for a period of at least three days following their onset; save for where medical intervention for the trauma to the shoulder has occurred, where that medical intervention involves either:

(a)             immobilisation of the shoulder joint or upper limb by splinting, sling or similar external agents; or

(b)             injection of corticosteroids or local anaesthetics into that joint; or

(c)             aspiration of that shoulder joint; or

(d)             surgery to that shoulder joint.

 

Application

9. This Instrument applies to all matters to which section 120A of the Act applies.

 


Notes to Statement of Principles concerning adhesive capsulitis of the shoulder (Instrument No. 17 of 1999)

The Statement of Principles concerning adhesive capsulitis of the shoulder (Instrument No. 17 of 1999) in force under section 196B(2) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning adhesive capsulitis of the shoulder (Instrument No. 17 of 1999)

27 January 1999

(see Gazette 1999, No. GN4)

27 January 1999

 

Amendment of Statement of Principles concerning adhesive capsulitis of the shoulder (Instrument No. 28 of 2002)

16 January 2002

(see Gazette 2002, No. GN2)

16 January 2002

 


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Paragraph 8 – ‘diabetes mellitus’ 

rep. Instrument  No.28 of 2002

 

Overview

The Statement of Principles concerning ADHESIVE CAPSULITIS OF THE SHOULDER Instrument No. 17 of 1999, as amended, was enacted under section 196B(2) of the Veterans' Entitlements Act 1986. This legislative instrument was created to address the issue of establishing a connection between adhesive capsulitis of the shoulder, a condition causing inflammation and stiffness in the shoulder joint, and the service of veterans, members of peacekeeping forces, or members of the armed forces. The primary objective of this Statement of Principles is to provide a framework for determining whether adhesive capsulitis of the shoulder or death from this condition can be linked to relevant military service. The Repatriation Medical Authority, as the enacting body, has determined that there is sufficient medical-scientific evidence to support such a connection. The legislation aims to ensure that veterans and other eligible individuals receive appropriate recognition and benefits if their condition can be traced back to their service. This Statement of Principles outlines the specific factors that must be related to service, such as trauma to the affected shoulder, quadriplegia or hemiplegia involving the affected side, or diabetes mellitus at the time of clinical onset or worsening of the condition. The policy objective is to provide a clear and comprehensive guideline for assessing claims related to adhesive capsulitis of the shoulder, ensuring that veterans and other eligible individuals can receive the benefits and support they are entitled to under the Veterans' Entitlements Act 1986. The legislation was prepared by the Repatriation Medical Authority Secretariat, Brisbane, and the current compilation takes into account amendments made by Instrument No. 28 of 2002.

Scope and Application

The Statement of Principles concerning ADHESIVE CAPSULITIS OF THE SHOULDER, as outlined in Instrument No. 17 of 1999 and subsequently amended by Instrument No. 28 of 2002, applies to matters governed by section 120A of the Veterans’ Entitlements Act 1986. This legislation specifically addresses adhesive capsulitis of the shoulder and death from adhesive capsulitis of the shoulder in relation to veterans, members of Peacekeeping Forces, and members of the Forces. It aims to establish a causal link between these conditions and relevant service rendered by the individuals in question. The Statement of Principles sets forth various factors that must be related to the service, such as trauma to the affected shoulder, quadriplegia, hemiplegia, monoplegia, or diabetes mellitus, among others. The application of these principles is further delineated by the Repatriation Medical Authority under the Act, which is responsible for revoking previous instruments and determining the validity of new statements of principles. This legislative instrument not only identifies the conditions and factors but also provides definitions for terms like "relevant service" and "terminal event," thereby clarifying the scope and application of the Act.

Key Provisions

The Statement of Principles concerning adhesive capsulitis of the shoulder, established under the Veterans’ Entitlements Act 1986 (section 196B(2)), defines adhesive capsulitis of the shoulder as inflammation of the joint capsule resulting in adhesions, with the ICD-9-CM code 726.0. This Statement of Principles revokes the previous Instrument No. 69 of 1996 and outlines the circumstances under which adhesive capsulitis of the shoulder and death from adhesive capsulitis of the shoulder can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces. It stipulates that at least one factor must be related to the person's service for a reasonable hypothesis to be raised connecting the condition with their service. These factors include trauma to the affected shoulder, quadriplegia, hemiplegia, monoplegia, or diabetes mellitus at specific times relative to the onset or worsening of the condition. The Act imposes obligations on the parties it governs, requiring that any claim for benefits related to adhesive capsulitis of the shoulder must demonstrate a connection to the person's relevant service. This involves providing evidence of one or more of the specified factors occurring within the stipulated timeframes before the clinical onset or worsening of the condition. Additionally, if a relevant factor includes another injury or disease for which there is a Statement of Principles, the factors in that Statement must also apply. The definitions provided in the Act, such as "relevant service," "hemiplegia," "monoplegia," and "quadriplegia," are critical in establishing the scope and application of the legislation. Failure to comply with the provisions of the Statement of Principles or providing false information in a claim can lead to civil or criminal consequences. Under the Veterans’ Entitlements Act 1986, penalties for fraud or misrepresentation can include fines and imprisonment. The specific penalties depend on the severity of the offence, but they can be significant, reflecting the seriousness of misusing the benefits system designed to support veterans and their families. It is crucial for claimants and their representatives to understand and adhere to these provisions to avoid legal repercussions.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.