Statement of Principles concerning goitre No. 21 of 2000

Administered by Department of Veterans' Affairs

Legislation au F2005B01659 Not in force Legislative Instrument

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Instrument No.21 of 2000

 

Revocation and Determination

of

Statement of Principles

concerning

GOITRE

ICD-10-AM codeS: E01.0, E01.1, E01.2, E04, E05.1, E05.2

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.29 of 1998; 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 goitre and death from goitre.

 

(b) For the purposes of this Statement of Principles, “goitre” means a generalised or focal enlargement of the thyroid gland, causing a palpable or visible swelling in the front part of the neck or a thyroid gland volume greater than the 97th centile by ultrasound assessment, attracting ICD-10-AM code E01.0, E01.1, E01.2, E04, E05.1 or E05.2, but excluding congenital goitre, and goitre due to malignant neoplasm of the thyroid, benign neoplasm of the thyroid, thyroiditis or Graves’ disease.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that goitre and death from goitre can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces.

 

Factors that must be related to service

4. Subject to clause 6, at least one of the factors set out in clause 5 must be related to any relevant service rendered by the person.

 

Factors

5. The factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting goitre or death from goitre with the circumstances of a person’s relevant service are:

 

(a) suffering from iodine deficiency within the 12 months immediately before the clinical onset of goitre; or

 

(b) being treated with a specified drug before the clinical onset of goitre; or

 

(c) smoking at least three pack-years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of goitre, and where smoking has ceased, the clinical onset has occurred within five years of cessation; or

 

(d)              having received a cumulative equivalent dose of at least 0.2 Sievert of atomic radiation to the thyroid gland where this dose was accumulated at least one year before the clinical onset of goitre; or

 

(e) suffering from hypothyroidism at the time of the clinical onset of goitre; or

 

(f) suffering from hyperthyroidism at the time of the clinical onset of goitre; or

 

(g) suffering from thyroiditis at the time of the clinical onset of goitre; or

 

(h) suffering from amyloidosis at the time of the clinical onset of goitre; or

 

(j) suffering from iodine deficiency within the 12 months immediately before the clinical worsening of goitre; or

 

(k) being treated with a specified drug before the clinical worsening of goitre; or

 

(m) smoking at least three pack-years of cigarettes or the equivalent thereof in other tobacco products before the clinical worsening of goitre, and where smoking has ceased, the clinical worsening has occurred within five years of cessation; or

 

(n) suffering from hypothyroidism at the time of the clinical worsening of goitre; or

 

(o) suffering from hyperthyroidism at the time of the clinical worsening of goitre; or

 

(p) suffering from thyroiditis at the time of the clinical worsening of goitre; or

 

(q) suffering from amyloidosis at the time of the clinical worsening of goitre; or

 

(r) being treated with an anti-thyroid drug before the clinical worsening of goitre, and, where administration of the anti-thyroid drug has ceased the clinical worsening occurred within 28 days of cessation; or

 

(s) inability to obtain appropriate clinical management for goitregoitre.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(j) to 5(s) apply only to material contribution to, or aggravation of, goitre where the person’s goitre was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act refers.

 

Inclusion of Statements of Principles

7. 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

8.                  For the purposes of this Statement of Principles:

 

“amyloidosis” means the accumulation of insoluble fibrillar proteins (amyloid) in organs or tissues of the body such that vital function is compromised;

 

“atomic radiation” means ionising radiation excluding:

(i)                natural background radiation;

(ii)              therapeutic radiation; and

(iii)           radiation from diagnostic procedures;

 

“being treated with an anti-thyroid drug” means treatment with carbimazole, methimazole, propylthiouracil or perchlorate on at least a daily basis for two weeks;

 

“being treated with a specified drug” means being treated with any of the drugs (including where those drugs are contained in preparations) listed in the following Table of Drugs, under the circumstances as specified in the Table, with regard to the mode of administration, dose level, minimum duration of treatment, and temporality (time relationship between the last administration of the drug and the onset or worsening of the disease, as the case may be, where the administration of the drug has ceased).

 

Table of Drugs

Drug or Group of Drugs

Mode *

Dose

Minimum Duration of Treatment 

Temporality

medications containing iodine

IV, IM, O, T

at least 1mg of iodine  daily

one month

within the 28 days immediately before

radiographic dyes containing iodine

IV, intrarterial, intrathecal, intralymphatic, O

one dose

 

within the three months immediately before

amiodarone

O, IV

any daily dose

two weeks

 

within the 12 months immediately before

lithium

O

any daily dose

one month

 

within the 28 days immediately before

carbamazepine

O

any daily dose

six months

 

within the 28 days immediately before

* Abbreviations:  IV = intravenous;  IM = intramuscular; O = oral, T = topical

 

“cumulative equivalent dose” means the total equivalent dose of atomic radiation from all types of radiation (eg alpha, gamma).  It accounts for the differences in biological effectiveness of various types of radiation and allows doses from different radiations to be combined.  Each component is calculated by multiplying the absorbed dose in a particular tissue or organ for a given type of radiation by the radiation weighting factor for that radiation.  The unit of equivalent dose is the Sievert (Sv);

 

“death from goitre” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s goitre;

 

“hyperthyroidism” means hyperactivity of the thyroid gland involving overproduction of thyroid hormone by the thyroid gland itself;

 

“hypothyroidism” means the functional state of the body resulting from insufficiency of thyroid hormones;

 

“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;

 

“iodine deficiency” means an average dietary intake of iodine of less than 150 g/day for a continuous period of 30 days or a urinary iodine level of less than 100 g/L;

 

“pack years of cigarettes or the equivalent thereof in other tobacco products” means a calculation of consumption where one pack year of cigarettes equals twenty tailor made cigarettes (being the “standard” cigarette pack contents) per day for a period of one calendar year, or

7 300 cigarettes.  One tailor made cigarette approximates one gram of tobacco or one gram of cigar or pipe tobacco by weight.  One pack year of tailor made cigarettes equates to 7 300 cigarettes, or 7.3kg of smoking tobacco by weight.  Tobacco products means either cigarettes, pipe tobacco or cigars smoked, alone or in any combination;

 

“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) 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.

 

“thyroiditis” means inflammation of the thyroid gland.

 

Application

9. This Instrument applies to all matters to which section 120A of the Act applies.

 

 

Dated thisTwenty-seventh  day of    September    2000

 

 

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 was enacted by the Parliament of Australia to provide for the payment of pensions and other benefits to veterans, members of Peacekeeping Forces, and members of the Australian Defence Force. The Act was designed to address the need for financial and health support for those who have served in the Australian Defence Force, including veterans and current members suffering from conditions related to their service. The Repatriation Medical Authority, under the Act, issued Instrument No.21 of 2000, revoking an earlier instrument and determining a new Statement of Principles concerning goitre and death from goitre. This Statement of Principles aims to establish the medical evidence linking goitre and death from goitre to relevant service, and outlines the factors that must be related to service in order to raise a reasonable hypothesis connecting these conditions with the circumstances of a person’s relevant service. The policy objective of this legislative instrument is to ensure that veterans and members of the Australian Defence Force receive appropriate medical and financial support for service-related health conditions.

Scope and Application

The instrument under consideration pertains to the Veterans' Entitlements Act 1986, specifically addressing the revocation and determination of a Statement of Principles concerning goitre and death from goitre for veterans, members of Peacekeeping Forces, or members of the Forces. This legislation applies to individuals who have experienced goitre or death from goitre and have served in operational, peacekeeping, or hazardous service. The goitre referred to must be a generalised or focal enlargement of the thyroid gland, attracting specific ICD-10-AM codes, but excludes congenital goitre and goitre due to other specific conditions such as malignant neoplasm, benign neoplasm, thyroiditis, or Graves’ disease. The legislation establishes that there is a sound medical-scientific basis for linking goitre and death from goitre to relevant service rendered by veterans, and outlines specific factors that must be related to the service to establish this connection, such as iodine deficiency, treatment with specified drugs, smoking history, exposure to atomic radiation, and other thyroid conditions. This instrument revokes the previous Instrument No.29 of 1998 and sets forth the new Statement of Principles, which applies to all matters to which section 120A of the Act applies, thereby extending its reach to relevant cases and claims.

Key Provisions

The legislation in question primarily concerns the revocation of a previous instrument (Instrument No.29 of 1998) and the establishment of a new Statement of Principles regarding goitre and death from goitre under the Veterans’ Entitlements Act 1986. Specifically, the Repatriation Medical Authority (RMA) revokes Instrument No.29 of 1998 and replaces it with the new Statement of Principles concerning goitre and death from goitre, identified by specific ICD-10-AM codes (section 1). This Statement of Principles applies to a generalised or focal enlargement of the thyroid gland, defined as goitre, which excludes congenital cases and those resulting from malignant or benign neoplasms of the thyroid, thyroiditis, or Graves’ disease (section 2). The RMA is mandated to establish this Statement of Principles based on sound medical-scientific evidence linking goitre and death from goitre to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces (section 3). To connect goitre or death from goitre with a person's relevant service, at least one of the specified factors must be related to that service (section 4). These factors include iodine deficiency, treatment with specified drugs, smoking history, exposure to atomic radiation, and the presence of certain thyroid-related conditions at the time of the clinical onset or worsening of goitre (section 5). Additionally, for cases where goitre was present before or during service, certain factors only apply to material contribution to, or aggravation of, goitre (section 6). If a relevant factor includes an injury or disease with an existing Statement of Principles, those factors also apply (section 7). The obligations imposed by this legislation on parties and entities primarily involve the Repatriation Medical Authority, which is tasked with ensuring that the new Statement of Principles accurately reflects the medical-scientific evidence linking goitre and death from goitre to relevant military service. Furthermore, claimants and their representatives must provide evidence that connects their condition to at least one of the specified factors, ensuring the condition was related to their relevant service to qualify for entitlements under the Veterans’ Entitlements Act 1986. Regarding offences, penalties, or consequences for breach, the legislation itself does not explicitly state penalties for non-compliance with the Statement of Principles. However, under the broader framework of the Veterans’ Entitlements Act 1986, any fraudulent claims or misrepresentation of facts to obtain benefits could lead to criminal charges, including fines and imprisonment. The precise penalties would depend on the nature and severity of the offence under the general criminal law provisions.

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