Instrument No.67 of 1994
Statement of Principles
concerning
DIVERTICULAR DISEASE OF THE COLON
ICD CODE: 562.1
Veterans’ Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound medical-scientific evidence that indicates that diverticular disease of the colon and death from diverticular disease of the colon 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, that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting diverticular disease of the colon or death from diverticular disease of the colon with the circumstances of that service, are:
(a) suffering from scleroderma before the clinical onset of diverticular disease of the colon; or
(b) changing to a diet lower in dietary fibre more than three months before the clinical worsening of diverticular disease of the colon; or
(c) inability to obtain appropriate clinical management for diverticular disease of the colon.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to (c) must be related to any service rendered by a person.
3. The factors set out in paragraphs 1(b) and (c) apply only where:
(a) the person’s diverticular disease of the colon was contracted prior to a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the diverticular disease of the colon 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:
“diverticular disease of the colon” means the clinical consequences of a herniation or sac-like protusion of the colonic mucosa and the submucosa through the muscular coat of the colon, attracting ICD code 562.1;
“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;
“scleroderma” means a multisystem disorder characterised by the association of vascular abnormalities, connective tissue sclerosis and atrophy, and auto-immune changes, attracting ICD code 710.1.
Dated this Seventeenth day of November 1994
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 was enacted to provide entitlements to Australian veterans and their families, including compensation and health care for service-related disabilities. In 1994, the Repatriation Medical Authority issued a Statement of Principles concerning Diverticular Disease of the Colon to address the problem of linking diverticular disease of the colon, or death from such disease, to service rendered by veterans, peacekeeping forces, and hazardous service personnel. This legislative instrument identifies specific factors that must be present to establish a reasonable hypothesis connecting diverticular disease of the colon with the circumstances of the service. The policy objective of this statement is to ensure that veterans receive appropriate recognition and support for medical conditions that may be related to their service.
Scope and Application
The Statement of Principles concerning Diverticular Disease of the Colon, issued under the Veterans’ Entitlements Act 1986, applies to veterans, members of peacekeeping forces, and members of the Australian Defence Force who have contracted diverticular disease of the colon or died from it, and who have provided operational, peacekeeping, or hazardous service. The factors that must exist to establish a connection between the disease and the service are specified, with requirements that at least one of the factors must be related to the service and that certain factors only apply under particular conditions. The Act provides a framework for determining eligibility for veterans' benefits in relation to this disease, with the scope extending to those who have served in relevant capacities and who meet the specified criteria. The legislative instrument does not explicitly state exclusions or thresholds, but the necessity of meeting the outlined factors implies a limitation on eligibility. Subordinate instruments may further define the application and interpretation of these principles.
Key Provisions
The primary operative sections of the Statement of Principles concerning Diverticular Disease of the Colon (paragraphs 1 to 4) establish the criteria that must be met to raise a reasonable hypothesis linking diverticular disease of the colon or death from the disease to certain types of service. According to paragraph 1, these factors include having scleroderma before the clinical onset of diverticular disease, changing to a diet lower in dietary fibre more than three months before the clinical worsening of the disease, or being unable to obtain appropriate clinical management for the disease. Paragraph 2 mandates that at least one of these factors must be related to the service rendered by an individual. Paragraphs 3 and 4 provide additional context and definitions relevant to the Statement of Principles, including the definitions of "diverticular disease of the colon" and "scleroderma".
The obligations and requirements imposed by the Act on the parties or entities it governs include ensuring that at least one of the specified factors is related to the service rendered by an individual to establish a connection between diverticular disease of the colon or death from the disease and the service. The Repatriation Medical Authority is tasked with determining whether a reasonable hypothesis has been raised, and this determination is based on the presence of the specified factors. The Authority's decision must be made in accordance with the provisions outlined in the Statement of Principles.
The Statement of Principles does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, it is worth noting that any failure to comply with the provisions of the Veterans’ Entitlements Act 1986, including the Statement of Principles, could potentially lead to legal repercussions. The specific penalties for breaches of the Act may vary depending on the nature and severity of the breach, and would be subject to the applicable laws and regulations in Australia.