Statement of Principles concerning giant cell arteritis No. 71 of 2001

Overview

The Veterans’ Entitlements Act 1986, enacted by the Australian Parliament, is a comprehensive piece of legislation designed to provide a range of benefits and services to Australian veterans, their families, and dependents. The Act aims to address the unique needs and challenges faced by those who have served in the Australian Defence Force. One of the key mechanisms through which the Act achieves its objectives is the establishment of Statements of Principles concerning specific medical conditions and diseases. These Statements of Principles serve to guide the Repatriation Medical Authority in determining the eligibility of veterans for certain benefits related to their service-related health conditions. In 2001, the Repatriation Medical Authority issued Instrument No.71, which revoked an earlier Statement of Principles concerning giant cell arteritis (also known as temporal arteritis, cranial arteritis, or Horton’s disease or syndrome) and established a new Statement of Principles. This legislative instrument addresses the problem of ensuring that veterans suffering from giant cell arteritis and its associated complications, including death, receive appropriate recognition and benefits under the Act. The policy objective behind this revision is to provide clear and updated medical-scientific evidence-based criteria for the determination of service-related giant cell arteritis, ensuring that affected veterans are not disadvantaged in their pursuit of entitlements.

Scope and Application

The Legislative Instrument No. 71 of 2001 pertains to the revocation and determination of the Statement of Principles concerning giant cell arteritis under the Veterans’ Entitlements Act 1986. This legislation applies to veterans who have developed giant cell arteritis, also known as temporal arteritis, cranial arteritis, or Horton’s disease or syndrome, and its related deaths. The instrument specifically addresses the form of chronic inflammatory disease of the large and medium-sized arteries, classified under ICD-10-AM codes M31.5 and M31.6, that veterans may have encountered. This legislative instrument revokes the previous Instrument No. 85 of 1996 and replaces it with the current Statement of Principles, which outlines the medical and scientific evidence indicating that the inability to obtain appropriate clinical management for giant cell arteritis during relevant service may be related to the cause or aggravation of the disease. The application of this instrument extends to all matters to which section 120A of the Veterans’ Entitlements Act 1986 applied, thereby impacting the eligibility criteria for veterans' entitlements related to giant cell arteritis.

Key Provisions

The key operative sections of this legislative instrument, Instrument No.71 of 2001, revolve around the revocation and determination of the Statement of Principles concerning giant cell arteritis, as per sections 1 and 2 of the Act. Section 1 revokes Instrument No.85 of 1996 and establishes a new Statement of Principles concerning giant cell arteritis and death from giant cell arteritis, effective from the date of this instrument. Section 2 defines the term “giant cell arteritis” as a form of chronic inflammatory disease of the large and medium-sized arteries, attracting ICD-10-AM codes M31.5 or M31.6. Section 3 outlines the basis for determining the factors that may be related to the cause or material contribution to, or aggravation of, giant cell arteritis or death from giant cell arteritis. Section 4 specifies the factor that must exist in relation to a person’s relevant service causing or materially contributing to, or aggravating, giant cell arteritis or death from giant cell arteritis. Section 5 addresses the inclusion of Statements of Principles and applies relevant factors from other Statements of Principles if applicable. Section 6 provides definitions for terms used in the Statement of Principles, such as “death from giant cell arteritis”, “ICD-10-AM code”, “relevant service”, and “terminal event”. Section 7 states that this Instrument applies to all matters to which section 120A of the Act applied. The obligations and requirements imposed by this Act on the parties or entities it governs primarily involve the Repatriation Medical Authority, which is responsible for revoking and determining Statements of Principles concerning giant cell arteritis. The Authority must examine the available sound medical-scientific evidence to establish the factors that may be related to the cause or material contribution to, or aggravation of, giant cell arteritis or death from giant cell arteritis. The Authority must also ensure that the new Statement of Principles is based on sound medical-scientific evidence and addresses the relevant factors related to a person’s relevant service. The Authority must also ensure that any relevant factors from other Statements of Principles are included in accordance with the terms of those Statements of Principles. The Authority must also define the terms used in the Statement of Principles to avoid any ambiguity or confusion. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it is implied that the Repatriation Medical Authority has a duty to ensure that the Statement of Principles is based on sound medical-scientific evidence and addresses the relevant factors related to a person’s relevant service. Failure to do so could result in a breach of the Act, which could lead to legal action being taken against the Authority. The maximum penalties for such breaches are not stated in the Act. However, it is possible that the penalties could include fines, imprisonment, or both, depending on the severity of the breach and the circumstances surrounding it. Additionally, the Authority could face reputational damage and loss of public trust if it is found to have breached the Act.