Instrument No.61 of 2002
Revocation
of
Statement of Principles
concerning
COLORECTAL ADENOMATOUS POLYP OR FAMILIAL ADENOMATOUS POLYPOSIS
and
Determination
of
Statement of Principles
concerning
FAMILIAL ADENOMATOUS POLYPOSIS
Veterans’ Entitlements Act 1986
1. The Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act):
(a) revokes Instrument No.92 of 1996 concerning colorectal adenomatous polyp or familial adenomatous polyposis; and
(b) determines in its place the following Statement of Principles concerning familial adenomatous polyposis.
Kind of injury, disease or death
2. (a) This Statement of Principles is about familial adenomatous polyposis and death from familial adenomatous polyposis.
(b) For the purposes of this Statement of Principles, “familial adenomatous polyposis” means an inherited autosomal dominant syndrome caused by germ-line mutation of the adenomatous polyposis coli gene, characterised by the formation of more than 100 colorectal adenomas.
Basis for determining the factors
3. After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that it is more probable than not on the sound medical-scientific evidence available, that the only factor that can be related to the cause of or material contribution to or aggravation of familial adenomatous polyposis or death from familial adenomatous polyposis and which can be related to relevant service is that set out in clause 4.
Factors that must be related to service
4. The factor that must exist before it can be said that, on the balance of probabilities, in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating familial adenomatous polyposis or death from familial adenomatous polyposis is inability to obtain appropriate clinical management for familial adenomatous polyposis.
Other definitions
5. For the purposes of this Statement of Principles:
“death from familial adenomatous polyposis” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s familial adenomatous polyposis;
“relevant service” means:
(a) eligible war service (other than operational service); or
(b) defence service (other than hazardous service);
“terminal event” means the proximate or ultimate cause of death and includes:
(a) pneumonia;
(b) respiratory failure;
(c) cardiac arrest;
(d) circulatory failure; or
(e) cessation of brain function.
Application
6. This Instrument applies to all matters to which section 120B of the Act applies.
Dated this Sixth day of August 2002
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
Overview
The Legislative Instrument No.61 of 2002, enacted by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986, revokes the previous Statement of Principles concerning colorectal adenomatous polyp or familial adenomatous polyposis and establishes a new Statement of Principles specifically addressing familial adenomatous polyposis. This legislative action aims to rectify the gaps in the previous instrument by providing a clearer and more precise definition of familial adenomatous polyposis and identifying the specific factor related to service that could cause or materially contribute to this condition or death from it. The policy objective is to ensure that veterans and their families receive appropriate recognition and support for conditions related to their service.
The new Statement of Principles defines familial adenomatous polyposis as an inherited autosomal dominant syndrome caused by a mutation in the adenomatous polyposis coli gene, characterised by the formation of over 100 colorectal adenomas. It also specifies that the relevant service-related factor that can cause or materially contribute to this condition or death from it is the inability to obtain appropriate clinical management for the condition. This legislative instrument applies to all matters to which section 120B of the Veterans’ Entitlements Act 1986 applies, ensuring that affected veterans are eligible for appropriate benefits and support.
Scope and Application
The legislative instrument in question amends and revokes previous provisions concerning familial adenomatous polyposis, a genetic condition, under the Veterans’ Entitlements Act 1986. This instrument applies to all matters covered by section 120B of the Act, meaning it pertains to veterans and their entitlements. The instrument revokes the previous Statement of Principles concerning colorectal adenomatous polyps and familial adenomatous polyposis, and establishes a new Statement of Principles solely concerning familial adenomatous polyposis. The revised principles specify that the condition must be an inherited autosomal dominant syndrome caused by a germ-line mutation of the adenomatous polyposis coli gene, characterised by the formation of more than 100 colorectal adenomas. The key factor that must be related to relevant service for the condition to be considered connected to service is the inability to obtain appropriate clinical management for the condition. The instrument also defines relevant service as eligible war service or defence service, excluding operational and hazardous service respectively. The instrument clarifies the scope of application by referencing section 120B of the Act, thus ensuring its provisions are precisely aligned with the circumstances under which veterans’ entitlements are determined.
Key Provisions
The primary operative sections of this legislative instrument include the revocation of Instrument No.92 of 1996 concerning colorectal adenomatous polyp or familial adenomatous polyposis (section 1(a)), and the determination of a new Statement of Principles concerning familial adenomatous polyposis (section 1(b)). This new Statement of Principles specifies the conditions under which the disease and related death may be considered related to service, based on the inability to obtain appropriate clinical management during relevant service (section 4). The instrument applies to all matters governed by section 120B of the Veterans’ Entitlements Act 1986 (section 6).
The obligations imposed by this legislation on the parties it governs are primarily related to the criteria for determining whether familial adenomatous polyposis or death from such a condition can be linked to service. Specifically, it requires that the inability to obtain appropriate clinical management for the condition must be related to the service for a claim to be considered (section 4). This means that any relevant service must have impeded access to necessary medical care for the condition, which in turn could have contributed to or aggravated the disease or led to death.
In terms of breaches and consequences, while the instrument itself does not explicitly outline offences or penalties, it does set out the criteria for claims related to familial adenomatous polyposis under the Veterans’ Entitlements Act 1986. Failure to meet these criteria could result in the denial of veterans’ entitlements related to the condition. Additionally, any false claims or misrepresentations made under this act could potentially lead to civil or criminal penalties as outlined in other sections of the Veterans’ Entitlements Act 1986. However, specific maximum penalties for such breaches are not detailed in this instrument but can be found within the broader legislative framework.