Statement of Principles concerning cluster headache syndrome No. 67 of 1999

Administered by Department of Veterans' Affairs

Legislation au F2008B00700 Not in force Legislative Instrument

Legislation content

Instrument No.67 of 1999

 

Determination

of

Statement of Principles

concerning

CLUSTER HEADACHE SYNDROME

ICD-10-AM CODE: G44.0

 

Veterans’ Entitlements Act 1986

 

 

1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act).

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about cluster headache syndrome and death from cluster headache syndrome.

 

(b) For the purposes of this Statement of Principles, “cluster headache syndrome” means a headache condition in which there are multiple attacks of severe, unilateral headache in the orbital, supraorbital or temporal region, where each headache lasts from two to 180 minutes and is accompanied by, on the same side as the headache, conjunctival injection, lacrimation, nasal congestion, rhinorrhea, forehead and facial sweating, miosis, ptosis, or eyelid oedema, attracting ICD-10-AM code G44.0.  This definition includes chronic paroxysmal hemicrania and excludes migraine and headache attributable to intracranial structural anomalies or systemic disease.

 

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 cluster headache syndrome and death from cluster headache syndrome 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, cluster headache syndrome or death from cluster headache syndrome is connected with the circumstances of a person’s relevant service are:

 

(a) suffering trauma to the forehead, temple, or eye socket within the 14 days immediately before the clinical onset of cluster headache syndrome and, if the trauma involving those areas was unilateral, the cluster headache developed on the same side as that trauma; or

 

(b) suffering from alcohol dependence, involving the continuing daily consumption of alcohol, at the time of the clinical worsening of cluster headache syndrome; or

 

(c) undergoing treatment with nitroglycerine or acetazolamide for a condition for which the drug cannot be ceased or substituted, at the time of the clinical worsening of cluster headache syndrome; or

 

(d)              inability to obtain appropriate clinical management for cluster headache syndrome.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(b) to 5(d) apply only to material contribution to, or aggravation of, cluster headache syndrome where the person’s cluster headache syndrome 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:

 

“alcohol dependence” means the presence of a constellation of cognitive, behavioural and physiological symptoms indicating the continuing or past consumption of alcohol despite significant alcohol-related problems.  The pattern of repeated self administration may result in tolerance, withdrawal and compulsive alcohol use behaviour;

 

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

 

“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), effective date of 1 July 1998, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86451 340 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;

 

“trauma to the forehead, temple, or eye socket” means an injury to any or all of those areas of the head, resulting in loss of consciousness, traumatic amnesia, fracture of the underlying bones or full thickness laceration of the overlying skin.

 

 

 

Dated this Twenty-eighth day of October 1999

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of    )

 

KEN DONALD

CHAIRMAN

Overview

The Determination of Statement of Principles concerning Cluster Headache Syndrome ICD-10-AM Code: G44.0, made under the Veterans’ Entitlements Act 1986, addresses the issue of recognising cluster headache syndrome as a condition potentially related to service rendered by veterans or members of the Australian Defence Forces. Enacted by the Repatriation Medical Authority, this statement aims to provide a clear understanding of the conditions under which cluster headache syndrome can be considered connected to service. This legislative instrument was introduced to ensure that veterans suffering from this debilitating condition, or who died from it, can access the necessary entitlements and support. The policy objective is to acknowledge the potential link between cluster headache syndrome and relevant military service, thereby facilitating appropriate recognition and compensation for affected individuals.

Scope and Application

The Statement of Principles concerning Cluster Headache Syndrome, determined under the Veterans’ Entitlements Act 1986, applies to veterans and members of the Australian Defence Forces who have suffered from cluster headache syndrome, or death from such a condition, which is defined as a severe, unilateral headache with accompanying symptoms like conjunctival injection and nasal congestion, with ICD-10-AM code G44.0. The determination by the Repatriation Medical Authority is based on sound medical-scientific evidence, asserting a probable relationship between the syndrome and relevant service rendered by veterans or members of the Forces. The Act stipulates that at least one of the specified factors, such as trauma to specific head areas, alcohol dependence, treatment with certain drugs, or failure to obtain appropriate clinical management, must be related to the service for the syndrome to be considered connected to it. This Statement of Principles is inclusive of other related injuries or diseases, as defined, and applies nationally across Australia, affecting those who have served in eligible war or defence service, as outlined.

Key Provisions

This Determination of Statement of Principles concerning Cluster Headache Syndrome, made under the Veterans’ Entitlements Act 1986 (the Act), establishes a connection between cluster headache syndrome and relevant service rendered by veterans or members of the Forces (section 1). Specifically, the Statement of Principles (section 2) defines cluster headache syndrome as a condition with severe, unilateral headaches accompanied by specific symptoms and assigns it the ICD-10-AM code G44.0. It excludes other types of headaches such as migraine. The Repatriation Medical Authority has determined that it is more probable than not that cluster headache syndrome and death from the condition can be related to relevant service (section 3). To establish a connection, at least one of the specified factors must be related to the service rendered (section 4). These factors include trauma to specific areas of the head within 14 days before the onset of the condition (section 5(a)), alcohol dependence at the time of clinical worsening (section 5(b)), treatment with certain drugs at the time of clinical worsening (section 5(c)), and inability to obtain appropriate clinical management (section 5(d)). Factors 5(b) to 5(d) apply only to material contribution to, or aggravation of, the condition if it was suffered or contracted before or during service but not arising out of it (section 6). If a relevant factor includes an injury or disease for which there is another Statement of Principles, the terms of that Statement apply (section 7). The document also provides definitions for terms such as "alcohol dependence," "death from cluster headache syndrome," "ICD-10-AM code," "relevant service," "terminal event," and "trauma to the forehead, temple, or eye socket" (section 8). The Statement of Principles aims to provide clarity and criteria for assessing the connection between cluster headache syndrome and relevant service for the purposes of veterans’ entitlements. The Act does not explicitly outline specific offences, penalties, or consequences for breach within this Determination of Statement of Principles. However, any breach of the terms or requirements set out in the Act generally may result in legal action or administrative penalties. The Act provides for various administrative and judicial review mechanisms to address any disputes or grievances related to the entitlements or the determinations made under the Act. The precise nature and severity of penalties for non-compliance would depend on the specific circumstances and the provisions of the Act as a whole.

Legal classification tags

Area of Law
Veterans’ Entitlements Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.