Statement of Principles concerning cholelithiasis No. 33 of 1994

Administered by Department of Veterans' Affairs

Legislation au F2005B02847 Not in force Legislative Instrument

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Statement of Principles

concerning

CHOLELITHIASIS

Instrument No. 33 of 1994 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 13 March 2006 taking into account Amendment of Statement of Principles concerning CHOLELITHIASIS (Instrument Nos. 223 of 1995 and 9 of 2002)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane.

Statement of Principles

concerning

CHOLELITHIASIS

icd code 574

Veterans’ Entitlements Act 1986
subsection 196B(2)

1. Being of the view that there is sound medical-scientific evidence that indicates that cholelithiasis and death from cholelithiasis 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, that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting cholelithiasis or death from cholelithiasis with the circumstances of that service, are:

 

(a) having a course of treatment with clofibrate where:

(i) the course of treatment had continued for at least 90 days before the clinical onset of signs or symptoms of cholesterol stones; and

(ii) the clinical onset of signs or symptoms of cholesterol stones occured either while that treatment was continuing or within 180 days of cessation of that treatment; or

 

(b) suffering from hepatic cirrhosis before the clinical onset of signs or symptoms of pigment stones; or

 

(c) suffering from chronic haemolysis before the clinical onset of signs or symptoms of pigment stones; or

 

(d) suffering from ileal disease, or having had an ileal resection, at least 90 days before the clinical onset of signs or symptoms of cholesterol stones; or

 

(e) suffering from mature onset diabetes mellitus before the clinical onset of signs or symptoms of cholesterol stones; or

 

(f) having  had total parenteral nutrition (TPN) where:

(i) TPN occured for at least three weeks before the clinical onset of signs or symptoms of cholesterol stones; and

(ii) the clinical onset of signs or symptoms of cholesterol stones occured either while TPN was continuing or within four weeks of its cessation; or

 

(g) having had treatment with oestrogen therapy where:

(i) the treatment occured for at least 90 days before the clinical onset of signs or symptoms of cholesterol stones; and

(ii) the clinical onset of signs or symptoms of cholesterol stones occured either while treatment was continuing or within 180 days of cessation of treatment; or

 

(h) having had obesity where:

(i) the obesity was present for at least 90 days before the clinical onset of signs or symptoms of cholesterol stones; and

(ii) the clinical onset of signs or symptoms of cholesterol stones occured either while obese or within 180 days of ceasing to be obese; or

 

(j) inability to obtain appropriate clinical management for cholelithiasis.

 

2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 1(j) must be related to any service rendered by a person.

 

3. The factor set out in paragraph 1(j) applies only where:

 

(a)  the person’s cholelithiasis 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 cholelithiasis 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:

 

“cholelithiasis” or gallstones means calculus of the gall bladder or bile ducts formed by accretion or concretion of bile constituents, attracting ICD code 574;

 

“cholesterol stones” means gallstones that consist predominantly of cholesterol;

 

“chronic haemolysis” means continuing or long lasting abnormal breakdown of red blood cells;

 

“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;

 

“obesity” means having a Body Mass Index (BMI) greater than 30, where:

 

BMI =

W

 

H2

and where:

 

W is the person’s weight in kilograms; and

H is the person’s height in metres;

 

(for example, a person would be obese if the person weighed 120kg and was 1.8 metres in height: BMI = 120(1.8×1.8) = 37.04);

 

“pigment stones” means gallstones that are dark black to brown in colour, consisting predominantly of calcium bilirubinate;

 

“total parenteral nutrition” means continuous intravenous drip feeding with no other feeding via mouth or gut.

 


Notes to Statement of Principles concerning cholelithiasis (Instrument No. 33 of 1994)

The Statement of Principles concerning cholelithiasis (Instrument No. 33 of 1994) in force under section 196B(2) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning cholelithiasis (Instrument No. 33 of 1994)

28 September 1995

(see Gazette 1995, No. GN38)

28 September 1995

 

Amendment of Statement of Principles concerning cholelithiasis (Instrument No. 223 of 1995)

7 June 1995

(see Gazette 1995, No. GN22)

7 June 1995

 

Amendment of Statement of Principles concerning cholelithiasis (Instrument No. 9 of 2002)

16 January 2002

(see Gazette 2002, No. GN2)

16 January 2002

 


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Paragraph 4 – ‘cholelithiasis’ 

ad. Instrument  No.223 of 1995

Paragraph 4 – ‘mature onset diabetes mellitus’

rep.. Instrument  No. 9 of 2002

 

Overview

The Statement of Principles concerning Cholelitiasis, as amended, is an instrument made under section 196B(2) of the Veterans’ Entitlements Act 1986 by the Repatriation Medical Authority. It was introduced to address the problem of establishing a connection between cholelithiasis, or gallstones, and the service rendered by veterans, peacekeeping forces, or hazardous service by members of the Australian Defence Force. This legislation aims to provide a framework for recognising the service-related factors that can lead to the development of cholelithiasis, thereby facilitating the entitlement of affected veterans and their families to appropriate benefits and compensation. The policy objective is to ensure that veterans who contracted cholelithiasis as a result of their service receive the necessary support and recognition for their medical conditions.

Scope and Application

The Statement of Principles concerning CHOLELITHIASIS applies to veterans, members of peacekeeping forces, and members of the Australian Defence Force who have rendered hazardous service. This legislative instrument, made under section 196B(2) of the Veterans’ Entitlements Act 1986, delineates the specific conditions and circumstances that must be present to establish a connection between cholelithiasis or death from cholelithiasis and the service rendered by these individuals. It mandates that at least one of the specified factors, such as treatment with clofibrate or suffering from hepatic cirrhosis, must be related to the service in question. The scope of this legislative instrument extends to the Commonwealth jurisdiction, and its provisions are further detailed and updated through subsequent amendments, as indicated in the Gazette and FRLI notifications. There are no explicit exclusions or thresholds mentioned in the text, but the inability to obtain appropriate clinical management for cholelithiasis is acknowledged as a factor under specific circumstances.

Key Provisions

The Statement of Principles concerning Cholelithiasis, as set out in Instrument No. 33 of 1994 under section 196B(2) of the Veterans’ Entitlements Act 1986, specifies the conditions that must exist to establish a link between cholelithiasis or death from cholelithiasis and the operational service of veterans, peacekeeping service, or hazardous service. This document outlines the minimum factors required to raise a reasonable hypothesis of a service-related connection (Section 1). These factors include various medical conditions and treatments such as a course of treatment with clofibrate, hepatic cirrhosis, chronic haemolysis, ileal disease, mature onset diabetes mellitus, total parenteral nutrition, oestrogen therapy, obesity, or an inability to obtain appropriate clinical management for cholelithiasis (Section 1(a) to 1(j)). At least one of these factors must be related to the service in question (Section 2), with specific conditions applying to the factor related to the inability to obtain appropriate clinical management (Section 3). The Statement imposes obligations on parties by defining the necessary medical and service-related conditions that must be met to establish a link between cholelithiasis and service rendered (Section 1). It requires that at least one of the listed factors must be associated with the service in order to support a claim (Section 2). The document also outlines specific conditions for the factor concerning the inability to obtain appropriate clinical management, which applies only under certain circumstances (Section 3). This means that claimants must provide evidence that at least one of the specified factors existed and was related to their service, and if applicable, demonstrate the specific conditions related to this factor. There are no direct offences, penalties, or consequences stated within the Statement itself, as it primarily serves to outline the conditions required to establish a link between service and cholelithiasis for the purposes of veterans' entitlements. However, the implications of failing to meet these conditions could affect the outcome of a claim for veterans' benefits related to cholelithiasis. The absence of specific penalties within the Statement suggests that any enforcement of compliance would be managed under the broader provisions of the Veterans’ Entitlements Act 1986 or other relevant legislation.

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Area of Law
Veterans’ Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration
Catchwords
cholelithiasis
gallstones

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