Statement of Principles concerning cholelithiasis No. 34 of 1994

Overview

The Statement of Principles concerning Cholelitiasis (Instrument No. 34 of 1994), as amended, is a legislative instrument made under section 196B(3) of the Veterans’ Entitlements Act 1986. It was introduced to address the issue of determining the relationship between cholelithiasis, or gallstones, and the service of veterans and members of the Australian Defence Force. The Repatriation Medical Authority, as the enacting body, established these principles to provide clarity on the circumstances in which a veteran or Defence member’s service may be considered to have contributed to the onset or exacerbation of cholelithiasis. The policy objective is to ensure that veterans and Defence members who develop cholelithiasis as a result of their service receive appropriate recognition and compensation.

Scope and Application

The Statement of Principles concerning Cholelitiasis (Instrument No. 34 of 1994) under the Veterans’ Entitlements Act 1986 applies to veterans and members of the Australian Defence Forces who have contracted cholelithiasis, commonly known as gallstones, and seek to establish a connection between their condition and their service. This instrument delineates specific medical factors that must exist for cholelithiasis to be deemed related to non-operational war service or non-hazardous defence service. These factors include conditions such as having a course of treatment with clofibrate, suffering from hepatic cirrhosis, chronic haemolysis, ileal disease, mature onset diabetes mellitus, total parenteral nutrition, oestrogen therapy, or obesity. The legislation also specifies that the cholelithiasis must have clinical onset within certain timeframes relative to these conditions or treatments. The instrument operates nationally as it is made under the Commonwealth legislation and applies to all veterans and Defence personnel across Australia. Notably, the principles set out in this instrument can be extended or refined through subordinate instruments, such as the amendments listed in the table of instruments, which reflect updates and adjustments to the initial principles. The Statement of Principles concerning Cholelitiasis outlines explicit criteria that must be met for a veteran or Defence member to establish a service-connected claim for cholelithiasis. The instrument ensures that there is a clear nexus between the condition and specific medical treatments or conditions related to their service, thereby guiding the Repatriation Medical Authority in assessing eligibility for veterans' benefits. This legislative instrument is subject to amendments, as evidenced by the amendments listed in the table of instruments, which adjust certain provisions to reflect updated medical understandings or legislative intents. The geographic reach of this legislation is nationwide, impacting all veterans and Defence personnel who fall within its scope and seek to claim benefits related to cholelithiasis.

Key Provisions

The Statement of Principles concerning cholelithiasis, made under section 196B(3) of the Veterans’ Entitlements Act 1986, outlines specific factors that must exist for cholelithiasis or death from cholelithiasis to be connected with eligible war service or defence service (section 1). This connection requires the presence of at least one factor from a list of conditions or treatments, such as treatment with clofibrate, suffering from hepatic cirrhosis, or having had total parenteral nutrition, among others (section 1(a)-(j)). These factors must be related to the service rendered by the veteran or member of the Forces, with certain conditions applying to each factor (section 2). Additionally, the inability to obtain appropriate clinical management for cholelithiasis is a factor that applies under specific circumstances (section 3). Definitions for key terms such as "cholelithiasis," "cholesterol stones," and "obesity" are provided to ensure clarity (section 4). The Statement of Principles imposes several obligations on veterans and members of the Forces seeking to claim entitlements related to cholelithiasis. Firstly, they must demonstrate that at least one of the specified factors existed prior to the onset of symptoms or death from cholelithiasis and that this factor was related to their service (section 2). Each factor comes with its own set of conditions that must be met, such as the duration of treatment or the presence of a condition before the onset of symptoms (section 1). Furthermore, if the factor involves the inability to obtain appropriate clinical management, the veteran or member of the Forces must show that their condition was contracted before a period of service and that there is a relationship between the condition and the service (section 3). These obligations are critical for the successful application of the Statement of Principles. Breach of the requirements outlined in the Statement of Principles concerning cholelithiasis does not directly lead to criminal or civil penalties. However, failure to meet the criteria for connecting cholelithiasis with service can result in the denial of entitlements under the Veterans’ Entitlements Act 1986. This can have significant repercussions for veterans and members of the Forces who rely on these entitlements for support. The Statement of Principles, therefore, serves as a legal framework that must be strictly adhered to for any claims related to cholelithiasis to be considered valid.