Instrument No.133 of 1995
Statement of Principles
concerning
BENIGN PROSTATIC HYPERTROPHY
ICD CODE: 600
Veterans’ Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound medical-scientific evidence that indicates that benign prostatic hypertrophy and death from benign prostatic hypertrophy 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 (the Act), that the factor that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting benign prostatic hypertrophy or death from benign prostatic hypertrophy with the circumstances of that service, is:
(a) inability to obtain appropriate clinical management for the benign prostatic hypertrophy.
2. Subject to clause 3 (below) the factor set out in paragraph 1(a) must be related to any service rendered by a person.
3. The factor set out in paragraph 1(a) applies only where:
(a) the person’s benign prostatic hypertrophy was contracted before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the benign prostatic hypertrophy 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:
“benign prostatic hypertrophy” means an age-associated enlargement of the prostate resulting from proliferation of both glandular and stromal elements beginning, generally, in the fifth decade of life, attracting ICD code 600;
“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 Thirteenth day of April 1995
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
Overview
The Veterans’ Entitlements Act 1986 was enacted to provide various benefits and services to veterans and their families, ensuring they receive the care and support they need following their service. In 1995, the Repatriation Medical Authority issued a legislative instrument under the Act to address the problem of benign prostatic hypertrophy (BPH) and its connection to operational, peacekeeping, and hazardous service. The Statement of Principles concerning Benign Prostatic Hypertrophy aims to establish a minimum factor for a reasonable hypothesis linking BPH or death from BPH to these specific services. This legislative instrument underscores the Authority's view that there is sufficient medical-scientific evidence to support such a connection, specifically focusing on the inability to obtain appropriate clinical management for BPH as a critical factor. This determination helps ensure that veterans who have contracted BPH before or during their service receive the necessary recognition and support.
Scope and Application
The Statement of Principles concerning Benign Prostatic Hypertrophy issued by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 applies to veterans, members of peacekeeping forces, and members of the Forces who have rendered operational, peacekeeping, or hazardous service. Specifically, the Statement pertains to individuals who have been unable to obtain appropriate clinical management for benign prostatic hypertrophy, a condition that must be contracted before the service in question. The application of these principles is contingent on the service being one that is specified in the Act, such as those listed in paragraphs 8(1)(e), 9(1)(e), 70(5)(d), or 70(5A)(d) of the Act. This legislative instrument is designed to establish a foundational connection between benign prostatic hypertrophy and the service circumstances, facilitating the consideration of related veterans' entitlements. The scope of this legislation is limited to the Commonwealth of Australia, and it may be subject to further refinement or expansion through subordinate instruments, which could include regulations or additional guidelines issued by the relevant authorities.
Key Provisions
The primary operative sections of this legislative instrument establish the Statement of Principles concerning benign prostatic hypertrophy, as outlined in section 1. This document stipulates that a reasonable hypothesis can be raised connecting benign prostatic hypertrophy or death from this condition with the circumstances of operational, peacekeeping, or hazardous service, if the individual was unable to obtain appropriate clinical management for the condition. Section 2 further clarifies that this factor must be related to the service rendered by the person. Section 3 adds that this principle applies only if the benign prostatic hypertrophy was contracted before the service period and if the relationship between the condition and the service falls under specific categories outlined in the Veterans' Entitlements Act 1986.
The Act imposes several obligations on the parties it governs. Primarily, it requires that veterans, members of peacekeeping forces, and members of the forces seeking to connect benign prostatic hypertrophy or death from this condition with their service must demonstrate that they were unable to obtain appropriate clinical management for the condition. Additionally, it mandates that this inability must be related to the specific service rendered, and that the condition must have been contracted prior to the service period. The connection must also fit within the relationships specified in the Act.
Breach of the requirements set out in this Statement of Principles can result in significant consequences. While the legislative instrument does not explicitly detail offences or penalties, it is implied that failure to meet the criteria for a reasonable hypothesis connecting benign prostatic hypertrophy with service could result in the denial of entitlements under the Veterans' Entitlements Act 1986. Such denials could lead to substantial civil or administrative consequences for the affected individuals, including the loss of benefits, compensation, or other entitlements that they might otherwise be eligible for based on their service and associated conditions.