Instrument No.134 of 1995
Statement of Principles
concerning
BENIGN PROSTATIC HYPERTROPHY
ICD CODE: 600
Veterans’ Entitlements Act 1986
subsection 196B(3)
1. Being of the view that, on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that benign prostatic hypertrophy and death from benign prostatic hypertrophy 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 (the Act), that the factor that must exist before it can be said that, on the balance of probabilities, benign prostatic hypertrophy or death from benign prostatic hypertrophy is connected with the circumstances of that service, is:
(a) inability to obtain appropriate clinical management for benign prostatic hypertrophy.
2. Subject to clause 3 (below) the factor set out in subparagraph 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), or 70(5)(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 Statement of Principles concerning Benign Prostatic Hypertrophy ICD Code: 600, issued under the Veterans’ Entitlements Act 1986, addresses the issue of benign prostatic hypertrophy (BPH) and its potential connection to war service or defence service rendered by veterans and members of the Forces. Enacted in 1995 by the Repatriation Medical Authority, this legislative instrument aims to clarify the circumstances under which BPH can be considered related to service, particularly focusing on the inability to obtain appropriate clinical management for BPH. The policy objective is to ensure that veterans and members of the Forces who contracted BPH before or during their service, and who were unable to access appropriate clinical management, may be recognised for the connection between their condition and their service. This legislative instrument provides a framework for establishing the link between BPH and service, thereby facilitating the eligibility of affected individuals for related entitlements and benefits.
Scope and Application
The Statement of Principles concerning Benign Prostatic Hypertrophy ICD Code: 600, issued under the Veterans’ Entitlements Act 1986, applies to veterans and members of the Australian Defence Forces, specifically relating to benign prostatic hypertrophy. The legislation establishes that benign prostatic hypertrophy, and death resulting from this condition, can be connected to eligible war service and defence service, provided that the individual was unable to obtain appropriate clinical management for the condition. This connection must be related to the service rendered by the individual, and the condition must have been contracted before the period or part of the service in question. The statement specifies that the relationship between the benign prostatic hypertrophy and the service must be one outlined in the Act. This legislative instrument extends its application by clarifying the circumstances under which the condition can be linked to service, thereby providing a basis for entitlements under the Act.
Key Provisions
The Statement of Principles concerning Benign Prostatic Hypertrophy (BPH) under the Veterans’ Entitlements Act 1986 sets out the conditions that must be met for a veteran or member of the Forces to be considered to have a connection between their service and BPH. According to section 1, the Repatriation Medical Authority (RMA) determines that inability to obtain appropriate clinical management for BPH is the key factor that must exist before it can be said that BPH or death from BPH is connected with the circumstances of the service (section 1(a)). This factor must relate to any service rendered by a person, as stipulated in section 2.
Section 3 outlines the specific circumstances under which the factor applies. It states that the inability to obtain appropriate clinical management for BPH must be related to a period of service and must be connected to the service in a manner specified in paragraphs 8(1)(e), 9(1)(e), or 70(5)(d) of the Act. Importantly, this factor applies only if the BPH was contracted before the service or part of the service to which the factor is related, as detailed in section 3(a) and (b).
The obligations imposed by this Statement of Principles require veterans or members of the Forces to demonstrate that they were unable to obtain appropriate clinical management for BPH and that this inability is connected to their service. This means providing evidence that they required clinical management for BPH but were unable to obtain it, and that this inability is related to their service in a specific way as outlined in the Act. The Statement of Principles also requires the RMA to assess this evidence and determine whether the criteria have been met.
Breach of the provisions of this Statement of Principles does not explicitly outline specific offences, penalties, or consequences. However, failing to meet the criteria for a connection between service and BPH could result in a claim being denied. Additionally, providing false information or documents to the RMA could lead to legal consequences under the general provisions of the Act or other relevant legislation. The maximum penalties for such offences would depend on the specific nature of the breach and would be determined under the relevant laws.