Instrument No.57 of 1994
Statement of Principles
concerning
ANALGESIC NEPHROPATHY
ICD Code: 583.89
Veterans' Entitlements Act 1986
subsection 196B(3)
1. Being of the view that, on sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that analgesic nephropathy and death from analgesic nephropathy can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans' Entitlements Act 1986, that the factors that must exist before it can be said that, on the balance of probabilities, analgesic nephropathy and death from analgesic nephropathy is connected 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) or 70(5)(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 ICD Code: 583.89 is a legislative instrument enacted in 1994 by the Repatriation Medical Authority under the provisions of the Veterans' Entitlements Act 1986. This legislation was introduced to address the issue of connecting analgesic nephropathy and deaths from analgesic nephropathy to war service rendered by veterans and defence service by members of the Forces. The Repatriation Medical Authority determined that a connection could be established if either chronic analgesic abuse or an inability to obtain appropriate clinical management for analgesic nephropathy was related to the service rendered. This determination was made considering the sound medical-scientific evidence available at the time. The objective of the Act is to ensure that the factors leading to analgesic nephropathy are appropriately linked to the circumstances of the service in question, thereby providing eligible veterans and members of the Forces with the necessary entitlements.
Scope and Application
The Statement of Principles concerning Analgesic Nephropathy, issued under the Veterans' Entitlements Act 1986, pertains to veterans and members of the Defence Forces who may have contracted analgesic nephropathy during their service. This legislation applies to individuals who have provided eligible war service or defence service, excluding operational and hazardous services respectively, and who subsequently developed analgesic nephropathy, a condition characterized by renal impairment due to chronic analgesic abuse or inadequate clinical management. The principles outlined in this statement are designed to establish a probable link between the service rendered and the onset or progression of analgesic nephropathy, facilitating the consideration of veterans' entitlements. The application of these principles is limited to cases where the condition was contracted prior to a relevant period of service, ensuring that the service is directly related to the onset or exacerbation of the condition. This legislative instrument operates within the Commonwealth jurisdiction and provides a framework for determining the connection between service and health conditions, thereby extending or restricting application through subordinate instruments as necessary.
Key Provisions
The Statement of Principles concerning Analgesic Nephropathy, as determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986, sets out the specific circumstances under which it can be determined that a veteran or member of the Forces has developed analgesic nephropathy or died from analgesic nephropathy as a result of their service. According to section 1 of the instrument, this connection can be established if there is evidence of chronic analgesic abuse or an inability to obtain appropriate clinical management for the condition, related to the service in question. Section 2 further clarifies that at least one of these factors must be present and related to the service for a connection to be made. Section 3 adds a specific condition for the factor of inability to obtain appropriate clinical management, stating that this factor applies only if the condition was contracted before the period of service in question, and the relationship between the condition and the service falls under specific categories outlined in the Act.
Under the Statement of Principles, there are clear obligations placed on both veterans and the Repatriation Medical Authority. For veterans, the primary obligation is to provide sufficient evidence that links their analgesic nephropathy to their service through either chronic analgesic abuse or the inability to obtain appropriate clinical management. The Repatriation Medical Authority, on the other hand, must evaluate the provided evidence and determine if the criteria set out in the Statement of Principles have been met. The authority must base its determination on the sound medical-scientific evidence available, ensuring that the connection between the condition and the service is more probable than not.
In terms of consequences for non-compliance or breaches, the Statement of Principles does not explicitly outline specific offences, penalties, or consequences for breaches within its text. However, the Veterans' Entitlements Act 1986, under which this Statement operates, does provide a framework for addressing breaches. Generally, any fraudulent claims or misrepresentation of facts in the application for veterans' benefits can lead to civil or criminal penalties, including fines and imprisonment. The specific penalties would be determined in accordance with the provisions of the Act and any relevant regulations or guidelines established under it.