Statement of Principles concerning chronic pancreatitis No. 58 of 2001

Administered by Department of Veterans' Affairs

Legislation au F2005B01762 Not in force Legislative Instrument

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Instrument No.58 of 2001

 

Revocation and Determination

of

Statement of Principles

concerning

 

CHRONIC PANCREATITIS

 

ICD-10-AM CODES: K86.0, K86.1

 

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.48 of 1997; and

 

(b) determines in its place the following Statement of Principles.

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about chronic pancreatitis and death from chronic pancreatitis.

 

(b)              For the purposes of this Statement of Principles, “chronic pancreatitis” means a continuing inflammatory disease of the pancreas resulting in irreversible morphological change, attracting ICD-10-AM code K86.0 or K86.1.

 

Basis for determining the factors

3. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that chronic pancreatitis and death from chronic pancreatitis can be related to relevant service rendered by veterans or members of the Forces.

 

Factors that must be related to service

4. Subject to clause 6, at least one of the factors set out in clause 5 must be related to any relevant service rendered by the person.

 

Factors

5. The factors that must exist before it can be said that, on the balance of probabilities, chronic pancreatitis or death from chronic pancreatitis is connected with the circumstances of a person’s relevant service are:

 

(a)              consuming at least 180 kg of alcohol (contained within alcoholic drinks):

(i)                within any five year period before the clinical onset of chronic pancreatitis; and

(ii)              where alcohol consumption commenced at least five years before the clinical onset of chronic pancreatitis;

and where alcohol consumption has ceased, the clinical onset occurred within 10 years of cessation; or

 

(b)              suffering complete or partial obstruction of the ductal system draining the secretions of the exocrine pancreas at the time of the clinical onset of chronic pancreatitis; or

 

(c)               undergoing a course of therapeutic radiation to the region of the pancreas at least 10 years before the clinical onset of chronic pancreatitis; or

 

(d)              suffering from hyperparathyroidism at the time of the clinical onset of chronic pancreatitis; or

 

(e)              inability to obtain appropriate clinical management for chronic pancreatitis.

 

Factors that apply only to material contribution or aggravation

6. Paragraph 5(e) applies only to material contribution to, or aggravation of, chronic pancreatitis where the person’s chronic pancreatitis was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act refers.

 

Inclusion of Statements of Principles

7. In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles.

 

Other definitions

8. For the purposes of this Statement of Principles:

 

“a course of therapeutic radiation” means one or more fractions (treatment portions) of ionising radiation administered with the aim of achieving palliation or cure with gamma rays, x-rays, alpha particles or beta particles;

 

“alcohol (contained within alcoholic drinks)” is measured by the alcohol consumption calculations utilising the Australian Standard of 10 grams of alcohol per standard alcoholic drink;

 

“death from chronic pancreatitis” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s chronic pancreatitis;

 

“ICD-10-AM code” means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 3;

 

“relevant service” means:

 

(a) eligible war service (other than operational service); or

(b) defence service (other than hazardous service);

 

“terminal event” means the proximate or ultimate cause of death and includes:

 

(a) pneumonia;

(b) respiratory failure;

(c) cardiac arrest;

(d) circulatory failure; or

(e)              cessation of brain function.

 

Application

9. This Instrument applies to all matters to which section 120B of the Act applies.

 

 

Dated this Fourteenth day of  August  2001

 

 

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, enacted by the Australian Parliament, provides a framework for the recognition and compensation of veterans who have suffered diseases or injuries related to their service. This legislation aims to address the gaps in support and recognition for veterans' health issues, ensuring they receive appropriate benefits and medical care. The Repatriation Medical Authority, under the Act, has issued a legislative instrument in 2001 to revoke a previous statement of principles and introduce new guidelines concerning chronic pancreatitis, including its connection to service rendered by veterans. The policy objective is to establish a clear and evidence-based connection between chronic pancreatitis, its potential causes, and the service circumstances of affected veterans, facilitating the assessment and compensation process.

Scope and Application

The Revocation and Determination of Statement of Principles concerning Chronic Pancreatitis, implemented under the Veterans’ Entitlements Act 1986, governs the conditions under which chronic pancreatitis, and death from chronic pancreatitis, are acknowledged as service-related for veterans and members of the Australian Defence Forces. This legislative instrument applies to all relevant matters covered under section 120B of the Act, effectively extending its reach to individuals who have served in the Australian Defence Forces and who may be suffering from chronic pancreatitis or have died from it. The Statement of Principles outlines the specific criteria that must be met to establish a service connection, including factors such as alcohol consumption, obstruction of the ductal system, therapeutic radiation, hyperparathyroidism, and inability to obtain appropriate clinical management. This Statement of Principles revokes the previous Instrument No.48 of 1997 and introduces new conditions and factors for consideration. Notably, it provides a clear definition of "chronic pancreatitis" and specifies the ICD-10-AM codes K86.0 and K86.1 that correspond to this condition. Any subordinate instruments may further refine or expand upon the application of this legislation, ensuring that it remains relevant and comprehensive in addressing the health needs of veterans.

Key Provisions

This legislative instrument, numbered 58 of 2001, primarily concerns the revocation and determination of a Statement of Principles regarding chronic pancreatitis and death from chronic pancreatitis for veterans and members of the Forces under the Veterans’ Entitlements Act 1986 (section 1). The instrument revokes Instrument No. 48 of 1997 and replaces it with a new Statement of Principles (section 1). This Statement of Principles addresses chronic pancreatitis, a continuing inflammatory disease of the pancreas with irreversible morphological changes, as well as death from chronic pancreatitis (section 2). The determination is based on sound medical-scientific evidence, which suggests that chronic pancreatitis and death from chronic pancreatitis can be related to relevant service rendered by veterans or members of the Forces (section 3). The Act imposes specific obligations and requirements on the parties it governs. For chronic pancreatitis to be connected with a person's relevant service, at least one of the factors outlined in section 5 must be related to that service. These factors include consuming at least 180 kg of alcohol within a specific period before the clinical onset of chronic pancreatitis, suffering complete or partial obstruction of the ductal system at the time of the clinical onset, undergoing therapeutic radiation at least 10 years before onset, suffering from hyperparathyroidism at the time of clinical onset, or being unable to obtain appropriate clinical management for chronic pancreatitis (section 5). Additionally, if a relevant factor includes an injury or disease for which there is another Statement of Principles, the factors in that Statement of Principles apply (section 7). The Act also outlines potential consequences for breaches. However, the instrument itself does not specify any particular offences, penalties, or civil/criminal consequences for breaches. Instead, it refers to the broader provisions of the Veterans’ Entitlements Act 1986 for any related consequences, which could include administrative penalties, fines, or other legal actions depending on the specific breach and the Act's stipulations. The primary focus of the instrument is on clarifying the conditions and factors that need to be met for chronic pancreatitis and death from chronic pancreatitis to be considered related to relevant service, rather than on penal provisions.

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