Statement of Principles concerning diverticular disease of the colon No. 68 of 1994

Overview

The Veterans' Entitlements Act 1986 is an Act of the Australian Parliament aimed at providing benefits to veterans and their families. The Act was enacted to address the need for a comprehensive legislative framework that ensures veterans receive appropriate support and recognition for their service. One significant aspect of this Act is the ability to link certain medical conditions to war service, thereby entitling veterans to benefits. The Statement of Principles concerning Diverticular Disease of the Colon, issued under subsection 196B(3) of the Act, was introduced to address the problem of establishing a connection between diverticular disease of the colon and the service rendered by veterans or members of the Defence Forces. This legislative instrument, dated 17 November 1994 and issued by the Repatriation Medical Authority, aims to provide clear criteria for determining when diverticular disease of the colon can be linked to eligible war or defence service, thereby ensuring that affected veterans can access the benefits to which they are entitled.

Scope and Application

The Veterans' Entitlements Act 1986, as supplemented by the legislative instrument C2010L00061, establishes criteria for determining the relationship between diverticular disease of the colon and military service rendered by veterans and defence personnel. The Act applies to individuals who have served in the armed forces and who are suffering from diverticular disease of the colon or have died from it. This legislation mandates that at least one specific factor must be present to establish a connection between the disease and the service rendered. These factors include suffering from scleroderma prior to the onset of diverticular disease or an inability to obtain appropriate clinical management for the disease. The legislation further specifies that the inability to obtain clinical management must relate to a period of service during which the disease was contracted and must fit within the types of service relationships outlined in the Act. The geographic and jurisdictional reach of this Act is national, applying across Australia and governed by Commonwealth law. This legislation does not explicitly state any exclusions or exemptions, but its application is subject to the specific conditions outlined in the Act. The instrument may be subject to extensions or restrictions through subordinate instruments, although no such provisions are detailed in the provided text.

Key Provisions

The Veterans’ Entitlements Act 1986 (VEA) provides various benefits to veterans and members of the defence forces. Under subsection 196B(3), the Repatriation Medical Authority has determined that diverticular disease of the colon can be related to war service or defence service, provided certain conditions are met. Specifically, section 1 of the legislative instrument states that the disease or death from the disease can be connected to service if the individual either had scleroderma before the onset of the disease or was unable to obtain appropriate clinical management for the condition (subsection 1(a) and (b)). According to section 2, at least one of these conditions must be related to the service rendered by the individual. The obligations imposed by the Act on the parties involved are primarily centred around the establishment of a connection between the diverticular disease and the service rendered. Service members must demonstrate that they suffered from scleroderma before the onset of the disease, or that they were unable to obtain appropriate clinical management for the disease, and that these factors are related to their service (subsection 1(a) and (b)). In addition, for the inability to obtain appropriate clinical management to be considered, the diverticular disease must have been contracted prior to the period of service, and the relationship between the disease and the service must be as outlined in paragraphs 8(1)(e), 9(1)(e), or 70(5)(d) of the VEA (subsection 3(a) and (b)). Failure to comply with the provisions of the legislative instrument may result in civil or criminal consequences. However, the specific offences, penalties, or consequences for breach are not detailed in the text. It is essential to note that the absence of explicit penalties does not necessarily mean that there are no legal ramifications for non-compliance. The Act may still impose penalties or consequences for breaches, which would need to be determined through further examination of the relevant legislation and case law.