Statement of Principles concerning familial adenomatous polyposis No. 60 of 2002

Overview

This legislative instrument, issued under the Veterans' Entitlements Act 1986, revokes the previously enacted Instrument No. 91 of 1996 concerning colorectal adenomatous polyp or familial adenomatous polyposis, and introduces a new Statement of Principles concerning familial adenomatous polyposis. The Repatriation Medical Authority, acting under the authority granted by subsection 196B(2) of the Act, is tasked with determining these principles, which aim to address the gap in the recognition of service-related factors contributing to or aggravating this inherited condition in veterans. Familial adenomatous polyposis, an autosomal dominant syndrome caused by a mutation in the adenomatous polyposis coli gene, is characterized by the formation of multiple colorectal adenomas. The policy objective of this instrument is to provide a sound medical-scientific basis for linking certain factors related to military service with the cause or aggravation of this condition. This legislative instrument applies to all matters to which section 120A of the Veterans' Entitlements Act 1986 applied, ensuring that the new principles are considered in relevant cases. The Authority's determination is grounded in an examination of available medical-scientific evidence, concluding that the primary service-related factor contributing to familial adenomatous polyposis or death from it is the inability to obtain appropriate clinical management for the condition during service. This instrument seeks to clarify the circumstances under which veterans may be entitled to benefits related to this condition, thus ensuring appropriate recognition and support for affected service members.

Scope and Application

This legislative instrument, which is a part of the Veterans’ Entitlements Act 1986, involves the revocation of a prior statement of principles concerning colorectal adenomatous polyp or familial adenomatous polyposis and the determination of a new statement of principles specifically addressing familial adenomatous polyposis. The new Statement of Principles pertains to an inherited autosomal dominant syndrome caused by a germ-line mutation of the adenomatous polyposis coli gene, which is characterised by the formation of more than 100 colorectal adenomas. The instrument applies to all matters to which section 120A of the Act applied, meaning it covers cases where a veteran's service is linked to the cause or aggravation of familial adenomatous polyposis or death from this condition. The new Statement of Principles stipulates that the relevant factor for determining causation or aggravation is the inability to obtain appropriate clinical management for familial adenomatous polyposis during the veteran's service. The instrument’s jurisdictional reach is defined under the Veterans’ Entitlements Act 1986, which is a Commonwealth Act, thereby applying nationally across Australia.

Key Provisions

This legislative instrument primarily revises and updates the Statement of Principles concerning colorectal adenomatous polyp or familial adenomatous polyposis under the Veterans' Entitlements Act 1986 (section 1). It revokes the previous Statement of Principles (Instrument No.91 of 1996) and introduces a new Statement of Principles specifically focusing on familial adenomatous polyposis (section 2(b)). The new Statement of Principles outlines the conditions and circumstances under which familial adenomatous polyposis and death from familial adenomatous polyposis may be considered related to relevant military service (section 2(a), 4). The Repatriation Medical Authority, exercising its authority under subsection 196B(2) of the Act, determines that familial adenomatous polyposis is an inherited syndrome marked by the development of more than 100 colorectal adenomas due to a mutation in the adenomatous polyposis coli gene (section 2(b)). The Authority concludes that the only factor potentially linked to the cause or aggravation of this condition that can be related to military service is the inability to obtain appropriate clinical management during the service (section 3, 4). This Statement of Principles applies to all matters governed by section 120A of the Act (section 6). The obligations imposed by this legislation on the parties it governs include ensuring that claims related to familial adenomatous polyposis and death from this condition must be substantiated by evidence that the individual was unable to obtain appropriate clinical management during their relevant service. Relevant service includes operational service, peacekeeping service, or hazardous service (section 5(b), (c)). Claimants must demonstrate the connection between their inability to receive adequate clinical management during service and the onset or exacerbation of familial adenomatous polyposis or death from the condition. The legislation does not explicitly detail specific offences, penalties, or consequences for breach within the text provided. However, under the broader framework of the Veterans' Entitlements Act 1986, breaches of the provisions concerning veterans' entitlements can result in civil or criminal penalties. These might include fines, imprisonment, or other legal consequences, depending on the nature and severity of the breach. The maximum penalties are not specified within this instrument but would be determined in accordance with the relevant sections of the Act and applicable laws.