Statement of Principles concerning benign neoplasm of the eye No. 183 of 1995

Overview

The Statement of Principles concerning Benign Neoplasm of the Eye, instrument No. 183 of 1995, was enacted under subsection 196B(3) of the Veterans' Entitlements Act 1986. This legislative instrument was introduced to address the problem of determining the connection between benign neoplasm of the eye and service rendered by veterans or members of the Defence Forces. The Repatriation Medical Authority established this statement to provide clarity on the circumstances where benign neoplasm of the eye or death from such a condition can be considered related to eligible war service or defence service. The objective is to ensure that veterans and Defence Force members who developed benign neoplasm of the eye before their service, and who cannot obtain appropriate clinical management for the condition, may be eligible for certain benefits under the Act. The enactment was authorised by the Repatriation Medical Authority, ensuring the principles are grounded in sound medical-scientific evidence.

Scope and Application

The legislative instrument pertains to the Veterans’ Entitlements Act 1986, specifically addressing benign neoplasm of the eye, a non-malignant proliferation of eye cells, classified under the International Classification of Diseases (ICD) code 224. The Statement of Principles issued by the Repatriation Medical Authority establishes that a connection must exist between the benign neoplasm of the eye and the individual’s service, which must predate the development of the neoplasm. The connection is deemed valid if the individual’s inability to obtain appropriate clinical management for the benign neoplasm is related to their service, and this relationship must align with the criteria specified in certain subsections of the Act. The instrument applies to veterans and members of the Forces, excluding those engaged in operational or hazardous service. The geographic reach of the legislation is nationwide, encompassing all states and territories within Australia. The instrument does not explicitly outline exclusions, exemptions, or thresholds, and it does not indicate that its application is extended or restricted by subordinate instruments.

Key Provisions

The main operative sections of this legislative instrument establish the criteria that must be met for benign neoplasm of the eye to be considered related to a veteran's or member of the Forces' service (section 1). This includes the requirement that there must be a demonstrable inability to obtain appropriate clinical management for the condition (section 1(a)). The instrument specifies that this factor must be related to the service provided by the individual (section 2), and it applies only if the benign neoplasm of the eye developed before or during the relevant period of service (section 3(a)). Additionally, the relationship between the benign neoplasm and the service must fall under specific categories outlined in the Veterans’ Entitlements Act 1986 (section 3(b)). The definitions provided clarify the term "benign neoplasm of the eye" and reference the ICD code used for classification (section 4). The obligations imposed by this Act on parties or entities it governs include ensuring that any claim for benefits related to benign neoplasm of the eye must satisfy the criteria set out in the Statement of Principles. This involves demonstrating that the inability to obtain appropriate clinical management is linked to the service provided and that the benign neoplasm developed before or during the relevant service period. Claimants must also ensure that the relationship between the condition and the service fits within the specified categories in the Act. The Repatriation Medical Authority, as the governing body, must evaluate these claims based on the medical-scientific evidence available and the specific provisions outlined in the legislation. There are no explicit offences, penalties, or consequences for breach mentioned within the text of this instrument. However, the implications of failing to meet the criteria established by the Act could result in the denial of benefits related to benign neoplasm of the eye. Given that the Veterans’ Entitlements Act 1986 includes provisions for various penalties and consequences for non-compliance with its requirements, it is reasonable to infer that breaches of these Statement of Principles could attract similar sanctions, although specific penalties are not detailed here. The overarching legislative framework would provide the basis for any legal action or administrative penalties that might apply in cases of non-compliance.