Statement of Principles concerning Buerger's disease No. 74 of 1995

Overview

The Statement of Principles Concerning Buerger's Disease (Thromboangiitis Obliterans) was enacted in 1995 by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986. This legislative instrument was introduced to address the problem of establishing a connection between Buerger's disease and service rendered by veterans and members of the forces. The policy objective of this Statement of Principles is to outline the criteria that must be met for Buerger's disease or death from Buerger's disease to be considered related to the service in question. The primary factors include a history of smoking or an inability to obtain appropriate clinical management for the disease, which must be linked to the service period. The enactment of this instrument aims to provide a clear and medically-supported framework for assessing claims related to Buerger's disease in the context of military service.

Scope and Application

The Statement of Principles concerning Buerger's Disease (Thromboangiitis Obliterans) applies to veterans and members of the Australian Defence Forces who may have contracted the disease under specific circumstances related to their service. The legislation is grounded in the Veterans' Entitlements Act 1986 and is intended to determine the likelihood of a causal connection between Buerger's disease and the veteran's or member's service, thereby affecting eligibility for certain benefits. The Act applies to persons who have served in the Defence Forces and veterans who have rendered service other than operational or hazardous service. It specifies that for a connection to be established, the individual must have smoked at least 40 cigarettes per day for three years prior to the onset of the disease, or they must have been unable to obtain appropriate clinical management for the disease during their service. The jurisdictional reach of this legislation is national, as it is part of Commonwealth law. The Act does not specify any exclusions, but it does clarify that the inability to obtain appropriate clinical management must relate to a period of service and must be connected to the specific relationship outlined in the Act. This legislative instrument extends the application of the Act through subordinate instruments by detailing specific conditions under which Buerger's Disease can be linked to service, thereby providing a clear framework for assessing claims.

Key Provisions

The legislative instrument, Statement of Principles concerning Buerger's Disease, outlines the specific factors that must exist for Buerger's disease to be considered related to eligible war service or defence service under the Veterans’ Entitlements Act 1986. Section 1 stipulates that either smoking 40 cigarettes or its equivalent in tobacco products per day for at least three years before the onset of Buerger's disease, or an inability to obtain appropriate clinical management for the disease, must be associated with the relevant service. Section 2 further clarifies that at least one of these factors must be related to the service rendered by the individual. Section 3 specifies that the inability to obtain clinical management applies only if the Buerger's disease was contracted before the period of service, and the relationship between the disease and service is as outlined in specific subsections of the Act. Section 4 provides definitions for key terms used within the Statement, including the meaning of Buerger's disease and the International Classification of Diseases (ICD) code. The Act imposes specific obligations on parties involved, particularly those seeking to claim entitlements based on Buerger's disease. Service members or veterans must provide evidence that one of the factors outlined in Section 1 was related to their service. This includes documentation of smoking habits or proof of circumstances that led to an inability to obtain appropriate clinical management for the disease. The Repatriation Medical Authority, responsible for determining the connection between the disease and service, must assess this evidence in accordance with the criteria set out in the Statement of Principles. Breaches of the requirements set out in this legislative instrument could result in serious consequences. While the instrument does not explicitly state penalties for non-compliance, it is understood that providing false information or failing to meet the outlined criteria could lead to denial of entitlements or claims. Such denials may result in significant financial and procedural burdens for the claimant, potentially leading to legal challenges. The implications of providing incorrect information are serious, as they could undermine the integrity of the claims process and potentially result in civil or criminal penalties for fraud or misrepresentation under other applicable laws.