Instrument No.56 of 1994
Statement of Principles
concerning
ANALGESIC NEPHROPATHY
ICD CODE: 583.89
Veterans' Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound medical-scientific evidence that indicates that analgesic nephropathy and death from analgesic nephropathy can be related to operational service rendered by veterans, peacekeeping service rendered by members of Peacekeeping forces and hazardous service rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(2) of the Veterans' Entitlements Act 1986, that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting analgesic nephropathy or death from analgesic nephropathy with the circumstances of that service, are:
(a) chronic analgesic abuse; or
(b) inability to obtain appropriate clinical management for analgesic nephropathy.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) and 1(b) must be related to any service rendered by a person.
3. The factor set out in paragraph 1(b) applies only where:
(a) the person’s analgesic nephropathy was contracted prior to a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the analgesic nephropathy and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e), 70(5)(d), or 70(5A)(d) of the Act.
4. For the purposes of this Statement of Principles:
“analgesic nephropathy” means a form of renal impairment characterised by tubulointerstitial damage and papillary necrosis and presents in individuals who ingest large quantities of analgesic drugs such as aspirin, phenacetin and acetominaphen, attracting ICD code 583.89;
“ICD code” means a number assigned to a particular kind of injury or disease in the tenth edition of the International Classification of Diseases 9th Revision, effective date of 1 October 1993, copyrighted by the US Commission on Professional and Hospital Activities, and having the Library of Congress number 77-94472.
Dated this Eighteenth day of October 1994
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
Overview
The Statement of Principles concerning Analgesic Nephropathy was introduced in 1994 by the Repatriation Medical Authority under subsection 196B(2) of the Veterans' Entitlements Act 1986. This legislative instrument addresses the issue of analgesic nephropathy, a form of renal impairment related to chronic analgesic abuse, in veterans, members of peacekeeping forces, and those on hazardous service. The primary policy objective is to establish clear criteria that must exist to support a reasonable hypothesis connecting analgesic nephropathy or death from analgesic nephropathy to the circumstances of service, thereby ensuring that affected individuals can access appropriate benefits and support. These criteria include chronic analgesic abuse or inability to obtain appropriate clinical management for analgesic nephropathy, with specific conditions applying to the timing and nature of the service related to the condition.
Scope and Application
The Statement of Principles concerning Analgesic Nephropathy, issued under subsection 196B(2) of the Veterans' Entitlements Act 1986, outlines the criteria that must be met to establish a connection between analgesic nephropathy and service rendered by veterans, peacekeeping forces, and the military. Specifically, the Repatriation Medical Authority stipulates that a reasonable hypothesis of connection can be raised if there is evidence of chronic analgesic abuse or an inability to obtain appropriate clinical management for analgesic nephropathy related to the service in question. The Statement applies to individuals who have served in various capacities and who suffer from analgesic nephropathy, a form of renal impairment characterised by tubulointerstitial damage and papillary necrosis, typically resulting from the ingestion of large quantities of certain analgesic drugs. This legislative instrument operates within the Commonwealth jurisdiction, impacting veterans and service members who meet the specified criteria. The instrument further refines its application by stipulating that the inability to obtain appropriate clinical management must relate to a period before the service in question and must align with specific service-related relationships outlined in the Act.
Key Provisions
The main operative sections of the Statement of Principles concerning Analgesic Nephropathy, issued under subsection 196B(2) of the Veterans' Entitlements Act 1986, set out the criteria that must be met to establish a connection between analgesic nephropathy or death from analgesic nephropathy and certain types of service rendered by veterans, peacekeeping forces, and members of the Forces. According to clause 1, this connection can be established if there is evidence of chronic analgesic abuse or an inability to obtain appropriate clinical management for analgesic nephropathy, which must be related to the service in question. Clause 3 further specifies that the inability to obtain appropriate clinical management only applies when the person's analgesic nephropathy was contracted before the service period in question and the relationship between the nephropathy and the service is as outlined in certain sections of the Act.
The Statement of Principles imposes obligations on parties seeking to establish a connection between analgesic nephropathy and service. It requires that there must be a demonstration of either chronic analgesic abuse or an inability to obtain appropriate clinical management, as these are the factors that must be related to the service in question. The inability to obtain appropriate clinical management must be related to a specific period before the service, and the relationship must be in line with specific provisions outlined in the Act. This means that claimants must provide evidence that satisfies these criteria to successfully link their condition to their service.
In terms of consequences for non-compliance or breaches, the Statement of Principles itself does not outline specific offences or penalties. However, any application or claim that fails to meet the criteria set out in the Statement may be rejected, potentially impacting eligibility for veterans' entitlements. The Veterans' Entitlements Act 1986 and associated regulations might provide further detail on penalties or consequences for misrepresentation or fraudulent claims. Given the legislative context, any breaches could lead to civil or criminal penalties as prescribed by the broader legislative framework.