Statement of Principles concerning adhesive capsulitis of the shoulder No. 18 of 1999

Administered by Department of Veterans' Affairs

Legislation au F2005B02960 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

ADHESIVE CAPSULITIS OF THE SHOULDER

Instrument No. 18 of 1999 as amended

made under section 196B(3) 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. 29 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: 286.4726.0

 

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.70 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. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that adhesive capsulitis of the shoulder and death from adhesive capsulitis of the shoulder can be related to relevant service rendered by veterans or members of the Forces.

 

Factors that must be related to service

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

 

Factors

5. The factors that must exist before it can be said that, on the balance of probabilities, adhesive capsulitis of the shoulder or death from adhesive capsulitis of the shoulder is connected 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) or 70(5)(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) eligible war service (other than operational service); or
(b) defence service (other than 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 anaestethics 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 120B of the Act applies.

 


Notes to Statement of Principles concerning adhesive capsulitis of the shoulder (Instrument No. 18 of 1999)

The Statement of Principles concerning adhesive capsulitis of the shoulder (Instrument No. 18 of 1999) in force under section 196B(3) 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. 18 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. 29 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.29 of 2002

 

Overview

The Statement of Principles concerning ADHESIVE CAPSULITIS OF THE SHOULDER, enacted under section 196B(3) of the Veterans’ Entitlements Act 1986, was introduced to address the need for a formal determination regarding the service-connected nature of adhesive capsulitis of the shoulder, also known as frozen shoulder, among veterans. This legislation, originally enacted in 1999 and subsequently amended in 2002, provides the criteria for establishing a link between the condition and relevant military service, ensuring that veterans affected by adhesive capsulitis of the shoulder can access appropriate compensation and support. The Repatriation Medical Authority, acting under the authority of the Act, revokes earlier instruments and establishes these principles to clarify the conditions under which adhesive capsulitis of the shoulder can be considered related to service, thereby ensuring a fair assessment of service-connected injuries.

Scope and Application

This Statement of Principles concerning adhesive capsulitis of the shoulder is made under section 196B(3) of the Veterans’ Entitlements Act 1986 and applies to all matters to which section 120B of the Act applies. The Statement of Principles concerns the relationship between adhesive capsulitis of the shoulder and the relevant service rendered by veterans or members of the Forces. It outlines the factors that must be related to the service, including suffering trauma to the affected shoulder, quadriplegia or hemiplegia involving the affected side, or monoplegia involving the affected shoulder, within certain timeframes, or suffering from diabetes mellitus at the time of the clinical onset or worsening of adhesive capsulitis of the shoulder. The Statement of Principles also includes definitions of key terms used throughout and applies to all matters to which section 120B of the Act applies. The Statement of Principles has been amended to exclude diabetes mellitus as a factor that must exist before it can be said that adhesive capsulitis of the shoulder or death from adhesive capsulitis of the shoulder is connected with the circumstances of a person’s relevant service.

Key Provisions

The Statement of Principles concerning ADHESIVE CAPSULITIS OF THE SHOULDER (Instrument No. 18 of 1999) under the Veterans' Entitlements Act 1986 outlines the criteria for considering adhesive capsulitis of the shoulder and death from adhesive capsulitis of the shoulder as related to relevant service rendered by veterans or members of the Forces. According to section 2(a), adhesive capsulitis of the shoulder is defined as 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. The determination, as per section 3, is based on sound medical-scientific evidence that it is more probable than not that adhesive capsulitis of the shoulder and death from adhesive capsulitis of the shoulder can be related to relevant service. The operative sections in the Statement of Principles establish the conditions under which adhesive capsulitis of the shoulder or death from adhesive capsulitis of the shoulder can be deemed related to relevant service. Section 5 lists the factors that must exist, such as suffering trauma to the affected shoulder within six months before the clinical onset of adhesive capsulitis, suffering quadriplegia or hemiplegia involving the affected side, or suffering from diabetes mellitus at the time of the clinical onset or worsening of adhesive capsulitis. These factors must be related to the person’s relevant service as per section 4, subject to any exceptions outlined in section 6. Additionally, sections 5(d) to 5(g) apply only to material contribution to, or aggravation of, adhesive capsulitis where the condition was suffered or contracted before or during relevant service. The Statement of Principles imposes certain obligations and requirements on the parties it governs. For instance, it mandates that if a relevant factor applies and includes an injury or disease for which there is a Statement of Principles, the factors in that Statement must apply according to its terms, as stipulated in section 7. The definition of terms such as 'relevant service,' 'hemiplegia,' 'ICD-9-CM code,' and 'trauma to the affected shoulder' are provided in section 8 to ensure clarity and consistency in application. Under the Veterans’ Entitlements Act 1986, non-compliance or breaches of the provisions in this legislative instrument may lead to civil or criminal consequences. However, the specific offences, penalties, or consequences for breach are not explicitly stated in the provided text. Generally, breaches of provisions under the Act could potentially lead to penalties as outlined in the Act itself, which might include fines or other legal sanctions, although the exact nature and maximum penalties would need to be referenced directly from the primary legislation or relevant legal authorities.

Legal classification tags

Area of Law
Veterans’ Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Offence Provisions

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.