Statement of Principles concerning Alzheimer's disease No. 18 of 2001

Overview

The Veterans' Entitlements Act 1986 was enacted to provide benefits and services to veterans and their families, addressing the need for a legislative framework that recognises the sacrifices made by those who have served in the Australian Defence Force. This Act was introduced by the Australian Parliament to ensure that veterans receive appropriate support and recognition for their service. The specific legislative instrument, Instrument No.18 of 2001, was enacted to update and clarify the Statement of Principles concerning Alzheimer’s disease, aiming to provide a clear understanding of how Alzheimer’s disease and death from Alzheimer’s disease can be related to the relevant service rendered by veterans. The Repatriation Medical Authority, under the authority vested in it by the Act, revoked the previous Instrument No.379 of 1995 and determined a new Statement of Principles to better address the medical-scientific evidence and the specific factors that link Alzheimer’s disease to service circumstances.

Scope and Application

The Legislative Instrument No. 18 of 2001, issued under the Veterans’ Entitlements Act 1986, pertains specifically to the Statement of Principles concerning Alzheimer’s disease among veterans. This instrument revokes the previous Statement of Principles (Instrument No. 379 of 1995) and replaces it with new provisions. The new Statement of Principles focuses on Alzheimer’s disease, which is defined histopathologically by the presence of senile (neuritic) plaques and neurofibrillary tangles in neocortical regions, and clinically by a gradual, irreversible decline in intellectual, cognitive, and social functions. The instrument applies to all matters governed by section 120B of the Veterans’ Entitlements Act 1986, thereby encompassing veterans who may have contracted Alzheimer’s disease due to their service. The Repatriation Medical Authority has determined that it is more probable than not that Alzheimer’s disease can be related to the relevant service rendered by veterans, provided that at least one specified factor is connected to their service. These factors include suffering from a head injury at least ten years before the onset of Alzheimer’s disease or an inability to obtain appropriate clinical management for the disease. The instrument also extends its application to cases where Alzheimer’s disease materially contributed to or aggravated pre-existing conditions, provided the disease was suffered or contracted before or during the relevant service but not arising out of it.

Key Provisions

The primary operative sections of this legislative instrument (Instrument No. 18 of 2001) are sections 1 through 9. Section 1 revokes Instrument No. 379 of 1995 and replaces it with a new Statement of Principles concerning Alzheimer’s disease. Section 2 clarifies that this Statement of Principles pertains to Alzheimer’s disease and death from Alzheimer’s disease. Section 3 outlines the basis for determining the factors that must be related to the service rendered by veterans. Section 4 specifies that at least one of the factors must be related to the person's relevant service, as per Section 5, which lists the necessary factors for a connection to be established. Section 6 details the application of paragraph 5(b) to material contribution or aggravation of Alzheimer’s disease. Section 7 addresses the inclusion of other Statements of Principles if relevant. Section 8 provides definitions for terms such as "death from Alzheimer’s disease", "head injury", "ICD-10-AM code", "relevant service", and "terminal event". Finally, Section 9 specifies the application of this instrument to all matters to which Section 120B of the Veterans’ Entitlements Act 1986 applies. The Act imposes specific obligations on the Repatriation Medical Authority and the entities it governs. Under Section 3, the Authority is tasked with determining, on the basis of sound medical-scientific evidence, whether Alzheimer’s disease and death from Alzheimer’s disease are more likely than not related to relevant service rendered by veterans or members of the Forces. Additionally, Section 4 mandates that at least one of the factors set out in Section 5 must be related to any relevant service rendered by the person. Section 5 further outlines the specific factors that must exist for a connection to be established, including suffering from a head injury at least 10 years or more before the clinical onset of Alzheimer’s disease, or inability to obtain appropriate clinical management for Alzheimer’s disease. Section 6 clarifies that paragraph 5(b) applies only in cases of material contribution to, or aggravation of, Alzheimer’s disease where the disease was suffered or contracted before or during the person's relevant service. The legislation does not explicitly detail specific offences, penalties, or consequences for breaches within this instrument itself. However, breaches of the Veterans' Entitlements Act 1986, under which this instrument operates, may lead to civil or criminal penalties depending on the nature of the breach. For example, providing false or misleading information to obtain benefits could result in fines or imprisonment under the general criminal law provisions. Additionally, the Repatriation Medical Authority has the power to recover any benefits wrongly paid under Section 120E of the Act. The exact penalties for such breaches would be determined in accordance with the relevant criminal or administrative laws in place at the time of the breach.