Instrument No.72 of 2001
Revocation and Determination
of
Statement of Principles
concerning
GIANT CELL ARTERITIS
ICD-10-AM CODES: M31.5, M31.6
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.86 of 1996; and
(b) determines in its place the following Statement of Principles.
Kind of injury, disease or death
2. (a) This Statement of Principles is about giant cell arteritis and death from giant cell arteritis.
(b) For the purposes of this Statement of Principles, “giant cell arteritis” also known as temporal arteritis, cranial arteritis or Horton’s disease or syndrome means a form of chronic inflammatory disease of the large and medium-sized arteries, most commonly involving the external carotid artery system attracting ICD-10-AM code M31.5 or M31.6.
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 giant cell arteritis or death from giant cell arteritis 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 giant cell arteritis or death from giant cell arteritis is inability to obtain appropriate clinical management for giant cell arteritis.
Inclusion of Statements of Principles
5. In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles.
Other definitions
6. For the purposes of this Statement of Principles:
“death from giant cell arteritis” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s giant cell arteritis;
“ICD-10-AM code” means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 3;
“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
7. This Instrument applies to all matters to which section 120B of the Act applies.
Dated this Twelfth day of September 2001
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, enacted by the Parliament of Australia, addresses the need to provide compensation and support for veterans who suffer from diseases or injuries related to their service. This Act, along with its various legislative instruments, aims to ensure that veterans receive appropriate recognition and benefits for health issues arising from their military service. In 2001, the Repatriation Medical Authority, under subsection 196B(3) of the Act, issued an instrument that revokes an earlier statement of principles concerning giant cell arteritis and replaces it with a new Statement of Principles. This legislative instrument seeks to clarify the medical criteria and factors that must be considered when determining if a veteran's service has caused or contributed to giant cell arteritis, a chronic inflammatory disease of the large and medium-sized arteries, or death from this condition. The policy objective is to provide a clear framework for assessing claims related to this specific medical condition, ensuring that affected veterans receive the benefits and support they are entitled to under the Act.
Scope and Application
The Legislative Instrument No.72 of 2001 under the Veterans’ Entitlements Act 1986 revokes a previous instrument and establishes a new Statement of Principles concerning giant cell arteritis, including death from the condition. This legislation applies to all matters governed by section 120B of the Act, meaning it pertains specifically to veterans who are eligible for repatriation benefits. The focus is on the inability to obtain appropriate clinical management for giant cell arteritis during relevant service, which can be linked to the condition or its fatal outcomes. This Statement of Principles is applicable to individuals diagnosed with giant cell arteritis, identified by ICD-10-AM codes M31.5 or M31.6, and their next of kin or dependants seeking benefits under the Act. The application of this legislation is national in scope, as it falls under the Commonwealth jurisdiction as per the Veterans’ Entitlements Act 1986. Any exclusions or exemptions are not explicitly stated within this particular instrument but would typically be detailed in the broader legislative framework of the Act.
Key Provisions
The key operative sections of this legislation (Instrument No. 72 of 2001) include the revocation of a previous instrument (Instrument No. 86 of 1996) and the establishment of a new Statement of Principles concerning giant cell arteritis (section 1). This new Statement of Principles (section 2) clarifies that it pertains to giant cell arteritis and death from this condition, with "giant cell arteritis" defined as a chronic inflammatory disease of the large and medium-sized arteries. The determination of these principles is based on sound medical-scientific evidence (section 3) and identifies that the only factor related to the cause or aggravation of this condition during relevant service is the inability to obtain appropriate clinical management (section 4). Additionally, if the condition overlaps with another covered by a previous Statement of Principles, the factors of that Statement also apply (section 5).
The obligations imposed by this legislation on parties and entities it governs include the requirement for the Repatriation Medical Authority to establish clear criteria for the recognition of giant cell arteritis and related deaths as service-related. This includes a rigorous review of medical evidence to substantiate the link between the disease and service conditions, particularly the inability to obtain appropriate clinical management. Furthermore, this Statement of Principles must be applied in a manner consistent with the definitions and conditions set forth, ensuring that any claims related to giant cell arteritis are assessed fairly and accurately based on the specified factors.
In terms of potential breaches and the associated penalties, the legislation itself does not explicitly state offences or penalties for non-compliance. However, given its nature as an instrument under the Veterans’ Entitlements Act 1986, any failure to adhere to the established Statement of Principles or the procedural requirements could potentially lead to disputes or legal challenges. These could result in the need for judicial review or other legal remedies to ensure compliance and proper application of the principles, though specific penalties would be determined in the context of any resultant legal proceedings or administrative actions.