Statement of Principles concerning angle-closure glaucoma No. 26 of 2012

Administered by Department of Veterans' Affairs

Legislation au F2012L00471 Not in force Legislative Instrument

Legislation content

Statement of Principles concerning angle-closure glaucoma No. 26 of 2012

made under subsection 196B(3) of the

Veterans' Entitlements Act 1986

Compilation No. 1  

Compilation date:   18 September 2017

Includes amendments up to: Veterans' Entitlements (Statements of Principles—Cumulative Equivalent Dose) Amendment Determination 2017 (No. 58 of 2017) (F2017L01067)

The day of commencement of this Amendment Determination is 18 September 2017.

 

About this compilation

 

This compilation

This is a compilation of the Statement of Principles concerning angle-closure glaucoma No. 26 of 2012 that shows the text of the law as amended and in force on 18 September 2017.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

 

 

Statement of Principles

concerning

 

ANGLE-CLOSURE GLAUCOMA

No. 26 of 2012

 

for the purposes of the

 

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

 

Title

1. This Instrument may be cited as Statement of Principles concerning angle-closure glaucoma No. 26 of 2012.

Determination

2. The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):

(a) revokes Instrument No. 16 of 1999, as amended by Instrument No. 26 of 2006, concerning angle-closure glaucoma; and

(b) determines in their place this Statement of Principles.

Kind of injury, disease or death

3. (a) This Statement of Principles is about angle-closure glaucoma and death from angle-closure glaucoma.

(b)              For the purposes of this Statement of Principles, "angle-closure glaucoma" means a progressive neuropathy involving characteristic optic disc abnormalities and visual field defects, associated with closure of the iridocorneal angle and usually associated with raised intraocular pressure.

Basis for determining the factors

4. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that angle-closure glaucoma and death from angle-closure glaucoma can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA).

Factors that must be related to service

5. Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.

Factors

6. The factor that must exist before it can be said that, on the balance of probabilities, angle-closure glaucoma or death from angle-closure glaucoma is connected with the circumstances of a person’s relevant service is:

(a)                for acute angle-closure glaucoma only, taking or using a drug or a drug from a class of drugs in the specified list, within the two weeks before the clinical onset of angle-closure glaucoma; or

(b)               having occlusion of the iridocorneal angle due to a specified disorder of the affected eye or orbit at the time of the clinical onset of angle-closure glaucoma; or

(c)                having neovascularisation of the iridocorneal angle of the affected eye due to a specified condition or procedure before the clinical onset of angle-closure glaucoma; or

(d)               having trauma as specified to the affected eye before the clinical onset of angle-closure glaucoma; or

(e)                having sympathetic ophthalmia at the time of the clinical onset of angle-closure glaucoma; or

(f)                having intraocular surgery to the affected eye before the clinical onset of angle-closure glaucoma; or

(g)               having non-intraocular surgery to the affected eye or surgery to an eyelid of the affected eye in the one month before the clinical onset of angle-closure glaucoma; or

(h)               having received a cumulative equivalent dose of at least 20 sieverts of ionising radiation to the affected eye before the clinical onset of angle-closure glaucoma; or

(i)                 undergoing a course of therapeutic radiation for cancer, where the affected eye was in the field of radiation, before the clinical onset of angle-closure glaucoma; or

(j)                 having occlusion of the iridocorneal angle due to a specified disorder of the affected eye or orbit at the time of the clinical worsening of angle-closure glaucoma; or

(k)               having neovascularisation of the iridocorneal angle of the affected eye due to a specified condition or procedure before the clinical worsening of angle-closure glaucoma; or

(l)                 having trauma as specified to the affected eye before the clinical worsening of angle-closure glaucoma; or

(m)             having sympathetic ophthalmia at the time of the clinical worsening of angle-closure glaucoma; or

(n)               having intraocular surgery to the affected eye before the clinical worsening of angle-closure glaucoma; or

(o)               having non-intraocular surgery to the affected eye or surgery to an eyelid of the affected eye in the one month before the clinical worsening of angle-closure glaucoma; or

(p)               having received a cumulative equivalent dose of at least 20 sieverts of ionising radiation to the affected eye before the clinical worsening of angle-closure glaucoma; or

(q)               undergoing a course of therapeutic radiation for cancer, where the affected eye was in the field of radiation, before the clinical worsening of angle-closure glaucoma; or

(r)                inability to obtain appropriate clinical management for angle-closure glaucoma.

Factors that apply only to material contribution or aggravation

7. Paragraphs 6(j) to 6(r) apply only to material contribution to, or aggravation of, angle-closure glaucoma where the person’s angle-closure glaucoma was suffered or contracted before or during (but not arising out of) the person’s relevant service.

Inclusion of Statements of Principles

8.                   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 as in force from time to time.

Other definitions

9.                   For the purposes of this Statement of Principles:

"a drug or a drug from a class of drugs in the specified list" means one of the following:

(a)               adrenergic agents, including beta-2 adrenergic agents;

(b)              amphetamines, including amphetamine, dextroamphetamine, methamphetamine and methylenedioxymethamphetamine (ecstasy);

(c)               anticholinergic agents, including tropicamide, atropine, homatropine, cyclopentolate, disopyramide, orphenadrine, trihexyphenidyl, ipratroprium bromide and scopolamine;

(d)              antihistamines, including H1 and H2 receptor blockers;

(e)               botulinum toxin for blepharospasm;

(f)                candesartan;

(g)              cholinergic agents, including pilocarpine, acetylcholine and carbachol;

(h)              ipsilateral intranasal or intraocular cocaine;

(i)                monamine oxidase inhibitors;

(j)                phenothiazine antipsychotics;

(k)              selective serotonin reuptake inhibitors;

(l)                serotonin noradrenaline reuptake inhibitors;

(m)            sulpha containing drugs, including topiramate, hydrochlorothiazide, acetazolamide and trimethoprim-sulphamethoxazole;

(n)              tetracyclic antidepressants;

(o)              tetracycline;

(p)              tricyclic antidepressants;

(q)              other drugs which cause mydriasis or miosis; or

(r)                other drugs which cause an allergic or inflammatory reaction involving structures of the anterior segment of the eye;

"a specified condition or procedure" means one of the following:

(a)               carotid endarterectomy on the affected side;

(b)              diabetic retinopathy of the affected eye;

(c)               intraocular surgery to the affected eye;

(d)              intraocular tumour involving the affected eye;

(e)               ipsilateral carotid artery occlusive disease;

(f)                radiotherapy involving the affected eye;

(g)              retinal detachment in the affected eye;

(h)              retinal vascular occlusive disease of the affected eye;

(i)                retinal vasculitis of the affected eye; or

(j)                any acquired condition causing posterior segment ischaemia of the affected eye;

 

"a specified disorder" means one of the following:

(a)               a benign or malignant tumour;

(b)              a cataract;

(c)               a cyst;

(d)              a vascular malformation or vascular thrombosis;

(e)               amyloidosis;

(f)                anterior lens displacement, subluxation or dislocation;

(g)              choroidal effusion;

(h)              elevated ipsilateral episcleral venous pressure;

(i)                intraocular haemorrhage;

(j)                retinal detachment;

(k)              scleritis or episcleritis; or

(l)                uveitis;

"acute angle-closure glaucoma" means angle-closure glaucoma associated with severe eye pain, high intraocular pressure, corneal oedema and poor visual acuity;

"cumulative equivalent dose" means the total dose of ionising radiation received by the particular organ or tissue from external exposure, internal exposure or both, apart from normal background radiation exposure in Australia, calculated in accordance with the methodology set out in Guide to calculation of 'cumulative equivalent dose' for the purpose of applying ionising radiation factors contained in Statements of Principles determined under Part XIA of the Veterans' Entitlements Act 1986 (Cth), Australian Radiation Protection and Nuclear Safety Agency, as in force on 2 August 2017;

Note 1: Examples of circumstances that might lead to exposure to ionising radiation include being present during or subsequent to the testing or use of nuclear weapons, undergoing diagnostic or therapeutic medical procedures involving ionising radiation, and being a member of an aircrew, leading to increased levels of exposure to cosmic radiation.

Note 2: For the purpose of dose reconstruction, dose is calculated as an average over the mass of a specific tissue or organ. If a tissue is exposed to multiple sources of ionising radiation, the various dose estimates for each type of radiation must be combined.

"death from angle-closure glaucoma" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s angle-closure glaucoma;

"relevant service" means:

(a)              eligible war service (other than operational service) under the VEA;

(b)              defence service (other than hazardous service and British nuclear test defence service) under the VEA; or

(c)              peacetime service under the MRCA;

"sympathetic ophthalmia" means the presence of uveitis in both eyes following:

(a)               intraocular surgery to one eye; or

(b)               trauma as specified to one eye;

"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 as specified" means penetrating, blunt, chemical, thermal or ionising radiation injury involving the affected eye that results in intraocular inflammation, intraocular bleeding or other intraocular tissue disruption;

"uveitis" means inflammation of the vascular middle coat of the eye ball, comprising the iris, ciliary body and choroid.

Application

10. This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.

Date of effect

11. This Instrument takes effect from 7 March 2012.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /subsubparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Statement of Principles concerning angle-closure glaucoma No. 26 of 2012

 

5 March 2012

 

F2012L00471

7 March 2012

 

 

Veterans' Entitlements (Statements of Principles—Cumulative Equivalent Dose) Amendment Determination 2017 (No. 58 of 2017)

 

22 August 2017

 

F2017L01067

 

18 September 2017

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Clause 9 – ' "cumulative equivalent dose"……'

rs. Instrument  No. 58 of 2017

 

 

Overview

The Statement of Principles concerning angle-closure glaucoma No. 26 of 2012 was enacted to address the issue of determining the connection between veterans' or members' service and their subsequent development of angle-closure glaucoma or death from this condition. This legislative instrument was made under subsection 196B(3) of the Veterans' Entitlements Act 1986 by the Repatriation Medical Authority. The policy objective of this Statement of Principles is to provide a clear framework for establishing the relationship between certain specified factors and the service rendered by the affected individuals, thereby facilitating the assessment of their eligibility for veterans' entitlements or military rehabilitation and compensation. This legislative instrument revokes the previous Statement of Principles concerning angle-closure glaucoma (Instrument No. 16 of 1999, as amended) and sets out the updated conditions under which a connection between service and angle-closure glaucoma can be established. The Statement of Principles concerning angle-closure glaucoma No. 26 of 2012 outlines the specific factors that must be related to the relevant service to establish a connection with the onset or worsening of angle-closure glaucoma. These factors include, but are not limited to, the use of certain drugs, specified disorders or conditions, and exposure to ionising radiation. The Statement of Principles also includes definitions for various terms used within the document and specifies the circumstances in which it applies, namely, to all matters to which section 120B of the Veterans' Entitlements Act 1986 or section 339 of the Military Rehabilitation and Compensation Act 2004 applies. This legislative instrument came into effect on 7 March 2012 and has been amended by the Veterans' Entitlements (Statements of Principles—Cumulative Equivalent Dose) Amendment Determination 2017 (No. 58 of 2017), which commenced on 18 September 2017.

Scope and Application

The Statement of Principles concerning angle-closure glaucoma No. 26 of 2012 applies to matters governed by section 120B of the Veterans' Entitlements Act 1986 (VEA) and section 339 of the Military Rehabilitation and Compensation Act 2004 (MRCA). It pertains to veterans and members of the Australian Defence Force (ADF), excluding those involved in operational, hazardous, or British nuclear test defence service, who have been diagnosed with angle-closure glaucoma or have died from the condition. The Statement of Principles was made under subsection 196B(3) and (8) of the VEA by the Repatriation Medical Authority, replacing previous instruments concerning angle-closure glaucoma. It sets out the medical criteria that link angle-closure glaucoma or death from the condition to the service rendered by the veterans or ADF members, taking into account various factors such as drug use, surgical procedures, and exposure to ionising radiation, among others. The determination became effective on 7 March 2012 and has been subject to amendments, the most recent of which was made on 18 September 2017. The application of this legislation can be further extended or restricted through subordinate instruments, though no such instruments are mentioned in the text provided.

Key Provisions

The Statement of Principles concerning angle-closure glaucoma No. 26 of 2012, made under the Veterans' Entitlements Act 1986 (VEA), outlines specific conditions under which veterans or members of the Australian Defence Force (ADF) may be recognized as having developed or having had their angle-closure glaucoma materially contributed to or aggravated by their service. This document revokes the previous Statement of Principles No. 16 of 1999 and replaces it with the current version effective from 7 March 2012. The primary focus of this Statement of Principles is to establish a connection between the service rendered by veterans or ADF members and the development or worsening of angle-closure glaucoma, which is a condition involving characteristic optic disc abnormalities and visual field defects associated with the closure of the iridocorneal angle and raised intraocular pressure. This Statement of Principles sets out specific factors that must be related to the service to establish a link between the service and the condition. These factors include, but are not limited to, the use of certain drugs, disorders of the eye or orbit, trauma to the eye, specific surgeries, and exposure to ionising radiation. For acute angle-closure glaucoma, the use of specific drugs within two weeks before the onset of symptoms is considered. For both acute and worsening cases of angle-closure glaucoma, other factors such as specified disorders of the eye or orbit, trauma, surgeries, and radiation exposure must have occurred before the onset or worsening of the condition. The obligations imposed by this Statement of Principles on the parties, primarily the Repatriation Medical Authority, include the requirement to assess whether the factors listed are related to the service and to consider the evidence provided by the veterans or ADF members in determining the connection between their service and the condition. The Statement of Principles also includes specific definitions for terms such as "specified drugs," "specified conditions or procedures," and "specified disorders," among others, to ensure clarity and consistency in the application of the principles. In terms of consequences for non-compliance or breach, the Statement of Principles itself does not explicitly outline offences or penalties. However, the underlying acts, the VEA and the Military Rehabilitation and Compensation Act 2004, contain provisions for penalties related to false claims, fraudulent behavior, and other breaches. These penalties can include fines and, in severe cases, imprisonment. The precise penalties would depend on the nature and severity of the breach, as outlined in the respective acts. It is important for veterans or ADF members to ensure they provide accurate and truthful information when claiming entitlements under these principles to avoid any potential legal repercussions.

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