Statement of Principles
concerning
CONGENITAL CATARACT
Instrument No. 237 of 1995 as amended
made under section 196B(2) of the
Veterans’ Entitlements Act 1986
This compilation was prepared on 7 July 2006 taking into account Amendment of Statement of Principles concerning CONGENITAL CATARACT (Instrument No. 12 of 2002)
Prepared by the Repatriation Medical Authority Secretariat, Brisbane.
Statement of Principles
concerning
CONGENITAL CATARACT
ICD CODES: 743.30 - 743.34
Veterans’ Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound medical-scientific evidence that indicates that congenital cataract and death from congenital cataract 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 congenital cataract or death from congenital cataract with the circumstances of that service, are:
(a) suffering from diabetes mellitus before the clinical worsening of congenital cataract; or
(b) suffering from glaucoma of the affected eye before the clinical worsening of congenital cataract; or
(c) undergoing a course of therapeutic radiation to the region of the affected eye before the clinical worsening of congenital cataract; or
(d) suffering penetrating trauma to the lens of the affected eye before the clinical worsening of congenital cataract; or
(e) receiving a therapeutic course of corticosteroids for at least twelve months immediately before the clinical worsening of congenital cataract; or
(f) inability to obtain appropriate clinical management for the congenital cataract.
2. Subject to clause 3 (below) the factors set out in paragraph 1(a) to 1(f) must be related to any service rendered by a person.
3. The factors set out in paragraph 1(a) to 1(f) apply only where:
(a) the person's congenital cataract developed before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the congenital cataract 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:
“congenital cataract” means an opacity, partial or complete, of one or both eyes, on or in the lens or capsule causing impaired vision or blindness, present at birth or in youth as a result of a congenitally caused defect, attracting an ICD code in the range 743.30 - 743.34 ;
“course” means five or more episodes of treatment within a 125 day period;
“glaucoma” means one of a group of eye diseases characterised by an increase in intraocular pressure which causes pathological changes in the optic disc and typical defects in the vision, attracting ICD code 365;
“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;
“penetrating trauma to the lens” means penetrating injury to the lens of the affected eye and can include surgical procedures to the lens of the affected eye, attracting ICD code 871 or 998.89;
“therapeutic radiation” means medical treatment by irradiation to the person with gamma rays, x-rays, alpha particles or beta particles.
Notes to Statement of Principles concerning congenital cataract (Instrument No. 237 of 1995)
The Statement of Principles concerning congenital cataract (Instrument No. 237 of 1995) 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 congenital cataract (Instrument No. 237 of 1995) | 28 June 1995 (see Gazette 1995, No. GN25) | 28 June 1995 | |
Amendment of Statement of Principles concerning congenital cataract (Instrument No. 12 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 – ‘diabetes mellitus’ | rep. Instrument No.12 of 2002 |
Overview
The Statement of Principles concerning Congenital Cataract, Instrument No. 237 of 1995, is a legislative instrument made under section 196B(2) of the Veterans’ Entitlements Act 1986. It was enacted to address the issue of determining the connection between congenital cataracts and service rendered by veterans, peacekeeping forces, or hazardous service members. The Repatriation Medical Authority, which prepared the statement, determined that there is sufficient medical-scientific evidence linking congenital cataracts and death from congenital cataract to the aforementioned services. The policy objective of this legislation is to establish criteria that must be met to raise a reasonable hypothesis connecting congenital cataract or death from congenital cataract with the circumstances of the service rendered.
The Statement of Principles outlines factors that must exist to establish a connection between congenital cataract or death from congenital cataract and the service rendered, such as suffering from diabetes mellitus or glaucoma before the clinical worsening of congenital cataract, undergoing a course of therapeutic radiation, suffering penetrating trauma to the lens, receiving a therapeutic course of corticosteroids, or being unable to obtain appropriate clinical management. These factors must be related to the service rendered by a person and the relationship suggested between the congenital cataract and the particular service must be one of the specified relationships. The legislation was enacted on 28 June 1995 and was amended on 16 January 2002.
Scope and Application
The Statement of Principles concerning Congenital Cataract, which is an instrument made under the Veterans' Entitlements Act 1986, applies to veterans, members of Peacekeeping Forces, and members of the Australian Defence Force who have suffered from congenital cataract or death from congenital cataract and have provided operational, peacekeeping, or hazardous service. The principles set forth in this instrument aim to establish a causal relationship between the service and the medical condition, allowing the affected individuals to potentially qualify for veterans' entitlements. The instrument has a national jurisdictional reach, as it is made under the Commonwealth Act and applies across Australia. The exclusions and limitations are outlined in the statement, which specifies the factors that must be present to establish a connection between the service and the congenital cataract, such as suffering from diabetes mellitus, glaucoma, therapeutic radiation, penetrating trauma, or corticosteroids treatment before the clinical worsening of the cataract. The application of the principles can be extended or restricted through subordinate instruments, as indicated in the tables of instruments and amendments.
Key Provisions
The Statement of Principles concerning Congenital Cataract (Instrument No. 237 of 1995), as amended, sets out the conditions under which congenital cataract or death from congenital cataract can be related to service rendered by veterans, peacekeeping forces, or hazardous service by the Forces. Section 1(1) of the instrument outlines the key factors that must exist for a reasonable hypothesis to be raised connecting congenital cataract or death from congenital cataract with service circumstances. These factors include, among others, suffering from diabetes mellitus, glaucoma, or undergoing therapeutic radiation before the clinical worsening of congenital cataract (subsections 1(1)(a) to 1(1)(f)). Section 2 of the instrument specifies that these factors must be related to any service rendered by a person. Section 3 further clarifies that the factors apply only where the congenital cataract developed before a period or part of a period of service related to the factor, and where the relationship between the cataract and the service falls within the specified categories set out in sections 8(1)(e), 9(1)(e), 70(5)(d), or 70(5A)(d) of the Veterans’ Entitlements Act 1986.
The obligations imposed on the parties or entities governed by this instrument include providing evidence that the factors listed in Section 1(1) are present and are related to the service rendered. Specifically, veterans or their representatives must demonstrate that they meet the criteria outlined in Section 1(1) and that these criteria are related to their service. This involves presenting medical evidence, such as medical records, to support their claim. The onus is on the claimant to provide sufficient documentation to establish the required link between their congenital cataract and their service.
The Act also imposes penalties and consequences for any breaches of the requirements set out in the instrument. Under the Veterans’ Entitlements Act 1986, any person who knowingly makes a false or misleading statement in an application for benefits can be subject to civil or criminal penalties. Civil penalties may include fines and recovery of benefits paid, while criminal penalties may include imprisonment. The maximum penalties for false or misleading statements are set out in the Act, with specific provisions detailing the circumstances under which these penalties apply. These provisions ensure that claimants are held to high standards of honesty and integrity in their applications.