Instrument No.372 of 1995
Statement of Principles
concerning
DENTAL MALOCCLUSION
ICD CODES: 524.0 - 524.5, 524.7 - 524.9
Veterans’ Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound medical-scientific evidence that indicates that dental malocclusion and death from dental malocclusion 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 dental malocclusion or death from dental malocclusion with the circumstances of that service, are:
(a) suffering craniofacial injuries before the clinical onset of dental malocclusion; or
(b) suffering a craniofacial disease process before the clinical onset of dental malocclusion.
(c) suffering craniofacial injuries before the clinical worsening of dental malocclusion; or
(d) suffering a craniofacial disease process before the clinical worsening of dental malocclusion.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 1(d) must be related to any service rendered by a person.
3. The factors set out in paragraphs 1(c) to 1(d) apply only where:
(a) the person's dental malocclusion was suffered before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the dental malocclusion 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:
“craniofacial injuries” means an injury resulting in fracture of the maxilla, mandible or tooth loss;
“craniofacial disease” means any disease process causing distortion of the maxilla or mandible, ie infiltration by primary or secondary malignancy, Paget's disease of bone or tuberculosis;
“ICD code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1995, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 22235 5;
“dental malocclusion” means such malposition and contact of the maxillary and mandibular teeth as to interfere with their optimal function to such extent that adaptive processes have not been sufficient to prevent occlusal trauma, attracting an ICD code in the range 524.0 to 524.5 or 524.7 to 524.9.
Dated this Twenty-third day of November 1995
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
Overview
The Statement of Principles concerning Dental Malocclusion was introduced in 1995 under the Veterans’ Entitlements Act 1986 by the Repatriation Medical Authority. This legislative instrument was enacted to address the medical-scientific evidence indicating a relationship between dental malocclusion and death from dental malocclusion with the operational service rendered by veterans, peacekeeping service, or hazardous service. The primary policy objective is to establish a reasonable hypothesis connecting dental malocclusion or death from dental malocclusion with specific service circumstances, requiring at least one of the outlined factors, such as craniofacial injuries or disease, to be related to the service. This instrument aims to provide clarity and guidance for veterans seeking to establish a connection between their dental health issues and their service, thereby facilitating their eligibility for relevant entitlements.
Scope and Application
The Statement of Principles concerning Dental Malocclusion issued under the Veterans' Entitlements Act 1986 sets out the criteria necessary for establishing a connection between dental malocclusion or death from dental malocclusion and service rendered by veterans, members of Peacekeeping Forces, or the Forces. This legislative instrument applies to individuals who have suffered dental malocclusion or death from dental malocclusion and who have provided service in the specified categories. It pertains to persons who have sustained craniofacial injuries or diseases before the onset or worsening of dental malocclusion, as defined within the document, and must be related to their service. The application of this instrument is governed by the Commonwealth of Australia and it extends to cover operational, peacekeeping, and hazardous service. However, the instrument does not apply if the criteria regarding the timing of the injuries or diseases in relation to the service are not met, as detailed in the provisions. Subordinate instruments may further refine the application of these principles, ensuring clarity and precision in determining entitlements.
Key Provisions
The Statement of Principles under the Veterans' Entitlements Act 1986 (section 196B(2)) outlines the criteria that must be satisfied to establish a connection between dental malocclusion or death from dental malocclusion and operational, peacekeeping, or hazardous service rendered by veterans. These criteria require that at least one of the specified factors must exist, such as suffering craniofacial injuries or a craniofacial disease process before the onset or worsening of dental malocclusion (section 1). The relationship between the malocclusion and the service must be established by linking the factors to the relevant service types as outlined in the Act (section 2). Additionally, if the malocclusion occurred before the service period, the relationship must be explicitly stated in certain subsections of the Act (section 3).
Under this legislation, the Repatriation Medical Authority imposes specific obligations on the parties involved, primarily focusing on the requirement to demonstrate a clear link between the service rendered and the dental condition. This involves providing evidence of craniofacial injuries or disease processes that occurred before the onset or worsening of dental malocclusion. The evidence must also be directly connected to the type of service rendered, as outlined in the Act, to substantiate the claim. The Authority’s determination hinges on the availability of medical-scientific evidence supporting the claimed connection, ensuring that the service and the dental condition are appropriately linked.
Failure to meet the specified criteria or provide sufficient evidence can lead to the denial of entitlements related to dental malocclusion under the Veterans’ Entitlements Act 1986. While the Statement of Principles itself does not explicitly outline penalties for non-compliance, breaches of the Act may result in legal consequences. These can include administrative actions, such as the refusal to process claims, and potential civil or criminal liabilities if fraudulent claims are made. The penalties for such offences can vary, with potential fines and imprisonment for more serious breaches, as stipulated elsewhere in the Act.