Statement of Principles
concerning
CONGENITAL CATARACT
Instrument No. 238 of 1995 as amended
made under section 196B(3) 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. 13 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(3)
1. Being of the view that on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that congenital cataract and death from congenital cataract can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must exist before it can be said that, on the balance of probabilities, congenital cataract or death from congenital cataract is connected 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) or 70(5)(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. 238 of 1995)
The Statement of Principles concerning congenital cataract (Instrument No. 238 of 1995) in force under section 196B(3) 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. 238 of 1995) | 28 June 1995 (see Gazette 1995, No. GN25) | 28 June 1995 | |
Amendment of Statement of Principles concerning congenital cataract (Instrument No. 13 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.13 of 2002 |
Overview
The Statement of Principles concerning Congenital Cataract (Instrument No. 238 of 1995), made under section 196B(3) of the Veterans’ Entitlements Act 1986, was introduced to address the issue of establishing a connection between congenital cataract and service rendered by veterans and defence force members. This instrument was enacted to provide criteria that must exist for a congenital cataract or death from congenital cataract to be considered connected with the circumstances of eligible war service or defence service. The Repatriation Medical Authority determined that certain factors, such as diabetes mellitus, glaucoma, therapeutic radiation, penetrating trauma, therapeutic corticosteroids, or failure to obtain appropriate clinical management, must be related to the service to establish this connection. The policy objective is to ensure that veterans and members of the Forces who have developed congenital cataract can be recognised and compensated for their condition if it is related to their service.
The Statement of Principles has been amended, most recently by the Amendment of Statement of Principles concerning Congenital Cataract (Instrument No. 13 of 2002), to reflect updated medical-scientific evidence and ensure the criteria remain relevant and accurate. This ongoing review process demonstrates the commitment to maintaining fair and just outcomes for affected veterans and members of the Forces.
Scope and Application
The Statement of Principles concerning Congenital Cataract (Instrument No. 238 of 1995) applies to veterans and members of the Australian Defence Force who have developed congenital cataract, or died from congenital cataract, and who seek to establish a service connection for their condition. This legislation is made under section 196B(3) of the Veterans’ Entitlements Act 1986 and serves to outline the medical and service-related criteria necessary to establish a probable service connection for congenital cataract. The legislation applies to persons who have served in non-operational war service or non-hazardous defence service, and it specifies that the congenital cataract must have developed prior to, or during, the relevant service period. The legislation also identifies certain preconditions that must exist for a service connection to be established, such as suffering from diabetes mellitus, glaucoma, therapeutic radiation, penetrating trauma to the lens, or receiving a therapeutic course of corticosteroids before the clinical worsening of congenital cataract. The scope of the legislation is national, as it is a Commonwealth instrument under the Veterans’ Entitlements Act 1986. The legislation may be subject to amendments, as evidenced by the Amendment of Statement of Principles concerning Congenital Cataract (Instrument No. 13 of 2002), which came into effect on 16 January 2002.
Key Provisions
The Statement of Principles concerning Congenital Cataract (Instrument No. 238 of 1995), amended as indicated, is made under section 196B(3) of the Veterans’ Entitlements Act 1986. This statement establishes the factors that must exist to link congenital cataract or death from congenital cataract to eligible war service or defence service. Specifically, Section 1 states that congenital cataract or death from congenital cataract can be related to war or defence service if certain conditions are met, such as suffering from diabetes mellitus, glaucoma, undergoing therapeutic radiation, experiencing penetrating trauma, receiving corticosteroids, or being unable to obtain appropriate clinical management before the clinical worsening of congenital cataract. These factors must be related to any service rendered by a person and must adhere to specific relationships outlined in the Act (Section 3). For the purposes of this statement, congenital cataract is defined as an opacity of the lens or capsule causing impaired vision or blindness present at birth or in youth due to a congenitally caused defect (Section 4).
The obligations imposed by the Statement of Principles are primarily on the Repatriation Medical Authority, which must determine whether the specified factors are present and related to the service of veterans or members of the Forces. This determination is based on sound medical-scientific evidence. Veterans or members of the Forces seeking to claim benefits related to congenital cataract must provide evidence that they suffered from one or more of the specified conditions before the clinical worsening of their congenital cataract and that these conditions were related to their service. The Repatriation Medical Authority must then assess this evidence to determine if the factors outlined in the statement are met, which will inform their decision on the connection between the congenital cataract and the service rendered.
Breaches or non-compliance with the provisions of the Statement of Principles concerning Congenital Cataract may result in civil or criminal consequences. The Veterans’ Entitlements Act 1986, under which this statement is made, includes provisions for penalties in cases of fraud or misrepresentation. Maximum penalties for fraud under the Act can include imprisonment for up to five years or fines, depending on the severity of the offence. Additionally, any person who knowingly provides false or misleading information in support of a claim may be subject to civil penalties or liable for costs incurred by the Commonwealth in pursuing the claim. The precise penalties would be determined in the context of the specific legal proceedings and the extent of the breach.