Statement of Principles concerning Alzheimer's disease No. 17 of 2001

Administered by Department of Veterans' Affairs

Legislation au F2005B01697 Not in force Legislative Instrument

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Instrument No.17 of 2001

 

Revocation and Determination

of

Statement of Principles

concerning

 

ALZHEIMER’S DISEASE

 

ICD-10-AM CODE: G30

 

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.378 of 1995; 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 Alzheimer’s disease and death from Alzheimer’s disease.

 

(b)               For the purposes of this Statement of Principles, “Alzheimer’s disease” means a dementia that is characterised histopathologically by an abundance of senile (neuritic) plaques and/or neurofibrillary tangles in neocortical regions excluding the hippocampus and subiculum; and characterised clinically by an insidious onset of dementia symptoms including intellectual, cognitive, and social decline in function and memory impairment which progresses gradually and is irreversible, attracting ICD-10-AM code G30.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that Alzheimer’s disease and death from Alzheimer’s disease 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 Alzheimer’s disease or death from Alzheimer’s disease with the circumstances of a person’s relevant service are:

 

(a)               suffering from a head injury at least 10 years or more before the clinical onset of Alzheimer’s disease; or

 

(b)               inability to obtain appropriate clinical management for Alzheimer’s disease.

 

Factors that apply only to material contribution or aggravation

6. Paragraph 5(b) applies only to material contribution to, or aggravation of Alzheimer’s disease where the person’s Alzheimer’s disease 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 Alzheimer’s disease” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s Alzheimer’s disease;

 

“head injury” means trauma to the head which results in:

(i)             a fracture of the skull; or

(ii)          loss of consciousness for more than 15 minutes, or

(iii)        post-traumatic amnesia for more than 30 minutes; or

(iv)        a cerebral laceration or contusion;

 

“ICD-10-AM code” means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 3;

 

“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.

 

Application

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

 

Dated this Nineteenth day of  March  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 benefits and services to Australian veterans and their families. This Act was introduced to address the need for comprehensive support for individuals who have served in the defence forces, including addressing health-related issues that may arise from their service. The Act is administered by the Parliament of Australia and seeks to ensure that veterans and their dependents receive appropriate care and recognition for their contributions. The Repatriation Medical Authority, under the provisions of this Act, has issued a legislative instrument to update and replace existing statements of principles concerning Alzheimer’s disease. This legislative instrument aims to clarify the factors that must be related to service in order to connect Alzheimer’s disease or death from Alzheimer’s disease to the relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces.

Scope and Application

The legislative instrument revokes the previously established Statement of Principles concerning Alzheimer's disease under the Veterans' Entitlements Act 1986 and replaces it with a new Statement of Principles concerning Alzheimer's disease. This legislation applies to veterans, members of Peacekeeping Forces, and members of the Forces who have contracted Alzheimer's disease or who have died from the disease. The new Statement of Principles sets out that there is sound medical-scientific evidence indicating that Alzheimer's disease and death from Alzheimer's disease can be related to relevant service rendered by these individuals. The legislation specifies that in order to establish a connection between Alzheimer's disease and the relevant service, there must be evidence of a head injury that occurred at least ten years before the onset of Alzheimer's disease, or an inability to obtain appropriate clinical management for the disease. The legislation also incorporates definitions of terms such as "death from Alzheimer's disease" and "head injury", and clarifies that the new Statement of Principles applies to all matters to which section 120A of the Act applies.

Key Provisions

The main operative sections of this legislative instrument establish a Statement of Principles concerning Alzheimer's disease for the purposes of the Veterans' Entitlements Act 1986 (section 1). This Statement of Principles revokes the previous Instrument No.378 of 1995 and introduces new criteria for determining the relationship between Alzheimer's disease and relevant service rendered by veterans or members of Peacekeeping Forces or the Forces. The Act specifically outlines the kind of injury, disease or death covered by this Statement of Principles (section 2), and the basis for determining these factors (section 3). The legislation specifies the factors that must be related to service (section 4) and the minimum factors that must exist before a reasonable hypothesis can be raised connecting Alzheimer's disease or death from Alzheimer's disease with relevant service (section 5). Additionally, it provides for factors that apply only to material contribution or aggravation of Alzheimer's disease (section 6) and addresses the inclusion of Statements of Principles (section 7). The instrument also contains other definitions pertinent to its application (section 8) and specifies the scope of its application (section 9). The obligations and requirements imposed by the Act on the parties or entities it governs include the necessity for veterans, members of Peacekeeping Forces, or members of the Forces to provide evidence that their Alzheimer's disease or death from Alzheimer's disease is related to their service. Specifically, this involves demonstrating that at least one of the factors outlined in the Statement of Principles is connected to their relevant service. This might include proving a head injury that occurred at least 10 years before the clinical onset of Alzheimer's disease or showing an inability to obtain appropriate clinical management for Alzheimer's disease. The legislation also mandates that any relevant head injury or other factors be substantiated by appropriate medical evidence. Furthermore, the Act requires that if a relevant factor includes an injury or disease with an existing Statement of Principles, the criteria from that Statement must also be met. The Act stipulates various civil and criminal consequences for breaches of its provisions, although specific penalties are not detailed in the instrument. The consequences may include denial of veterans' entitlements for those who fail to provide the required evidence or present false information. Such denials could significantly impact the individual's access to healthcare and financial support. Additionally, any misleading or fraudulent activities in the application process might lead to criminal charges, which could result in fines or imprisonment. While the exact penalties are not explicitly stated in this particular legislative instrument, they would generally align with the broader legal framework governing veterans' entitlements and administrative law in Australia.

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