Instrument No.207 of 1995
Statement of Principles
concerning
CEREBRAL MENINGIOMA
ICD CODE: 225.2
Veterans’ Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound medical-scientific evidence that indicates that cerebral meningioma and death from cerebral meningioma 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 factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting cerebral meningioma or death from cerebral meningioma with the circumstances of that service, are:
(a) undergoing a course of therapeutic radiation to the head or neck before the clinical onset of cerebral meningioma; or
(b) inability to obtain appropriate clinical management for cerebral meningioma.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 1(b) must be related to any service rendered by a person.
3. The factor set out in paragraph 1(b) applies only where:
(a) the person’s cerebral meningioma developed before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between cerebral meningioma 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:
“a course” means five or more episodes of treatment within a 125 day period;
“cerebral meningioma” means a benign, slowly growing primary tumour of the cerebral meninges, which are the membranes surrounding the brain, attracting ICD code 225.2;
“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;
“therapeutic radiation” means medical treatment by irradiation to the person with gamma rays, x-rays, alpha particles or beta particles.
Dated this First day of June 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 (the Act) was enacted to provide a framework for the recognition and compensation of veterans, peacekeeping forces, and members of the Australian Defence Force for injuries and diseases related to their service. One of the significant gaps addressed by this Act was the need to establish a clear connection between certain medical conditions, such as cerebral meningioma, and the service circumstances that might have contributed to these conditions. The Statement of Principles concerning Cerebral Meningioma ICD Code: 225.2, issued on 1 June 1995 by the Repatriation Medical Authority under subsection 196B(2) of the Act, aims to clarify the conditions under which cerebral meningioma or death from cerebral meningioma can be linked to service, particularly focusing on therapeutic radiation to the head or neck and the inability to obtain appropriate clinical management. The policy objective is to ensure that veterans receive the necessary recognition and support for service-related health conditions, thereby upholding their entitlements.
Scope and Application
The Statement of Principles concerning Cerebral Meningioma, issued under subsection 196B(2) of the Veterans’ Entitlements Act 1986, applies specifically to veterans, members of Peacekeeping Forces, and members of the Australian Defence Force who have served in operational, peacekeeping, or hazardous service. The principles determine the conditions under which cerebral meningioma or death from cerebral meningioma can be connected to such service, primarily focusing on exposure to therapeutic radiation to the head or neck before the clinical onset of the condition, or the inability to obtain appropriate clinical management for the condition. This legislation has a national jurisdictional reach as it is an instrument under the Commonwealth Act. There are no explicit exclusions mentioned in the statement; however, the connection must align with the specified service-related factors. The application of these principles may be extended or restricted through subordinate instruments, which are not detailed in the provided text.
Key Provisions
The key provisions of the Statement of Principles concerning Cerebral Meningioma ICD Code: 225.2 under the Veterans’ Entitlements Act 1986 (the Act) centre on the connection between cerebral meningioma or death from cerebral meningioma and the service rendered by veterans, peacekeeping forces, and members of the forces. The Repatriation Medical Authority has established that a reasonable hypothesis can be raised linking cerebral meningioma with service when one of the specific factors is met (subsection 196B(2)). These factors include undergoing a course of therapeutic radiation to the head or neck before the onset of cerebral meningioma (paragraph 1(a)) or being unable to obtain appropriate clinical management for cerebral meningioma (paragraph 1(b)). Additionally, the inability to obtain appropriate clinical management applies only if the cerebral meningioma developed before the relevant service and if the relationship between the meningioma and the service falls under certain specified categories in the Act (paragraph 3).
Under the Statement of Principles, the obligations imposed on parties involve proving the existence of at least one of the specified factors in relation to the service provided. This means veterans, members of peacekeeping forces, or members of the forces must provide evidence that they underwent a course of therapeutic radiation to the head or neck before the onset of cerebral meningioma or demonstrate an inability to obtain appropriate clinical management for the condition, provided the criteria in paragraph 3 are met. The burden of proof lies with the claimant to establish a connection between their condition and the service rendered, as per the determinations outlined in the Statement of Principles.
The Statement of Principles does not explicitly list offences or penalties for breach. However, any failure to comply with the provisions or provide the necessary evidence would likely result in the denial of entitlements related to cerebral meningioma under the Veterans’ Entitlements Act. Given that the Statement of Principles is a legislative instrument rather than a criminal statute, the primary consequence of non-compliance would be the inability to claim entitlements rather than criminal or civil penalties. The maximum penalties, if applicable, would be those specified under the Veterans’ Entitlements Act, which could include fines or other legal repercussions for fraud or misrepresentation in the context of entitlement claims.