Statement of Principles concerning gout No. 11 of 2000

Administered by Department of Veterans' Affairs

Legislation au F2005B02420 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

GOUT

Instrument No. 11 of 2000 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 21 November 2005
taking into account Amendment of Statement of Principles concerning GOUT (Instrument No. 43 of 2003)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

 

Revocation and Determination

of

Statement of Principles

concerning

 

GOUT

 

ICD-10-AM CODE: M10

 

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.88 of 1997; 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 gout and death from gout.

 

(b) For the purposes of this Statement of Principles, “goutmeans a metabolic condition characterised by hyperuricaemia, tissue deposition of urate crystals and clinical manifestations, which manifestations include acute inflammatory arthritis, tenosynovitis, bursitis, cellulitis, chronic erosive arthritis, or periarticular or subcutaneous urate deposits, attracting ICD-10-AM code M10.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that gout and death from gout 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 gout or death from gout with the circumstances of a person’s relevant service are:

 

(a) suffering from one of the diseases in the specified list of diseases within the 180 days immediately before the clinical onset of gout; or

 

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

 

(c) being obese at the time of the clinical onset of gout; or

 

(d) suffering from lead nephropathy before the clinical onset of gout; or

 

(e)               undergoing chemotherapy for a malignant tumour within the seven days immediately before the clinical onset of gout; or

 

(f) drinking at least 150kg of alcohol (contained within alcoholic drinks) within the ten years immediately before the clinical onset of gout; or

 

(g) suffering from one of the diseases in the specified list of diseases within the 180 days immediately before the clinical worsening of gout; or

 

(h) being treated with a specified drug before the clinical worsening of gout; or

 

(j) being obese at the time of the clinical worsening of gout; or

 

(k) suffering from lead nephropathy before the clinical worsening of gout; or

 

(m) undergoing chemotherapy for a malignant tumour within the seven days immediately before the clinical worsening of gout; or

 

(n) drinking at least 150kg of alcohol (contained within alcoholic drinks) within the ten years immediately before the clinical worsening of gout; or

 

(o) inability to obtain appropriate clinical management for gout.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(g) to 5(o) apply only to material contribution to, or aggravation of gout where the person’s gout 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:

 

“alcohol (contained within alcoholic drinks)” is measured by the alcohol consumption calculations utilising the Australian Standard of 10 grams of alcohol per standard alcoholic drink;

 

“being obese” means an increase in body weight by way of fat accumulation which results in a Body Mass Index (BMI) of 30 or greater.

 

The BMI = W/H2 and where:

 

W is the person’s weight in kilograms and

H is the person’s height in metres.

 

“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 drug has ceased);

 


Table of Drugs

Drug or Group of Drugs

Mode *

Dose

Minimum Duration of Treatment 

Temporality

thiazide diuretic

IV, IM, O

any weekly dose

2 months

 

within the 28 days immediately before

frusemide

IV, IM, O

any weekly dose

2 months

within the 28 days immediately before

pyrazinamide

O

any dose on at least two days within any seven day period

2 days

within the 28 days immediately before

ethambutol

O

any dose on at least two days within any seven day period

2 days

within the 28 days immediately before

cyclosporine A

 

O, IV

any daily dose

one week

within the 28 days immediately before

* Abbreviations:  IV = intravenous;  IM = intramuscular; O = oral

 

“chemotherapy” means systemic treatment of a malignant disease with a chemical agent which can lead to the breakdown of cells, examples of which include vincristine, busulphan, thiotepa, cytarabine, 6mercaptopurine and chlorambucil;

 

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

 

“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), effective date of 1 July 1998, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86451 340 3;

 

“lead nephropathy” means chronic tubulointerstitial renal disease caused by exposure to lead;

 

“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) hazardous service;

 

 

 

“specified list of diseases” means the following:

 

(i) active systemic leukaemia; or

(ii) myeloid metaplasia; or

(iii)           polycythaemia vera; or

(iv)            secondary polycythaemia; or

(v)              multiple myeloma;

 

“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

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

 

 

 

Notes to Statement of Principles concerning gout (Instrument No. 11 of 2000)

The Statement of Principles concerning gout (Instrument No. 11 of 2000) in force under section 196B(2) of the Veterans’ Entitlements Act 1986 as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning gout (Instrument No. 11 of 2000)

29 March 2000

(see Gazette 2000, No. GN12)

29 March 2000

 

Amendment of Statement of Principles concerning gout (Instrument No. 43 of 2003)

15 October 2003

(see Gazette 2003, No. GN41)

15 October 2003

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Paragraph 8 – ‘being obese’ 

rs. Instrument  No. 43 of 2003

 

 

Overview

The Statement of Principles concerning GOUT (Instrument No. 11 of 2000 as amended) was made under section 196B(2) of the Veterans' Entitlements Act 1986. This legislative instrument was enacted to address the problem of establishing a link between gout, a metabolic condition characterised by hyperuricaemia, tissue deposition of urate crystals and clinical manifestations, and the relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces. The Repatriation Medical Authority, acting under the authority of the Act, revoked the previous instrument and determined this Statement of Principles to provide clear criteria for establishing such a link. The policy objective is to ensure that veterans and related personnel can receive appropriate compensation and benefits when gout is related to their service. The Statement of Principles identifies factors that must exist to establish a reasonable hypothesis connecting gout or death from gout with the circumstances of a person's relevant service. These factors include suffering from specified diseases, being treated with certain drugs, being obese, suffering from lead nephropathy, undergoing chemotherapy, consuming a significant amount of alcohol, or being unable to obtain appropriate clinical management for gout. The document also provides definitions for terms used within the Statement of Principles, such as "alcohol (contained within alcoholic drinks)," "being obese," "being treated with a specified drug," and "chemotherapy." This legislative instrument applies to all matters to which section 120A of the Veterans’ Entitlements Act 1986 applies, ensuring that the criteria for compensation are consistently applied across relevant cases.

Scope and Application

The Statement of Principles concerning GOUT Instrument No. 11 of 2000, as amended, applies to all matters that fall under section 120A of the Veterans' Entitlements Act 1986. This includes veterans, members of Peacekeeping Forces, and members of the Forces who have been diagnosed with gout or who have died from gout. The Statement of Principles outlines the medical-scientific evidence linking gout and death from gout to relevant service, and sets out the factors that must be related to the person's service in order for a reasonable hypothesis to be raised connecting gout or death from gout with the circumstances of their service. The Statement of Principles also includes a table of drugs that, if taken under certain circumstances, may be considered a relevant factor in the onset or worsening of gout. The application of the Statement of Principles can be extended or restricted through subordinate instruments, such as amendments made under section 196B(2) of the Veterans’ Entitlements Act 1986. This legislation applies to individuals who are veterans, members of Peacekeeping Forces, or members of the Forces, and who have been diagnosed with gout or who have died from gout. The Statement of Principles also applies to specified drugs that, if taken under certain circumstances, may be considered a relevant factor in the onset or worsening of gout. The legislation has a national jurisdictional reach, as it is made under the Commonwealth Veterans’ Entitlements Act 1986. There are no stated exclusions or exemptions to the application of the legislation. The application of the Statement of Principles can be extended or restricted through subordinate instruments, such as amendments made under section 196B(2) of the Veterans’ Entitlements Act 1986.

Key Provisions

The Statement of Principles concerning Gout Instrument No. 11 of 2000, as amended, sets forth the criteria under which gout and death from gout can be considered related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces. This legislative instrument, made under section 196B(2) of the Veterans’ Entitlements Act 1986, revokes Instrument No.88 of 1997 and determines the factors that must exist to establish a connection between gout or death from gout and service. Gout is defined as a metabolic condition characterised by hyperuricaemia, tissue deposition of urate crystals, and clinical manifestations such as acute inflammatory arthritis and chronic erosive arthritis, attracting ICD-10-AM code M10. The Repatriation Medical Authority requires that at least one of the specified factors must be related to the person’s relevant service for a reasonable hypothesis to be raised connecting gout or death from gout with the service. These factors include suffering from specific diseases or being treated with certain drugs before the clinical onset or worsening of gout, being obese at the time of onset or worsening, suffering from lead nephropathy, undergoing chemotherapy for a malignant tumour within a short period before the onset or worsening, and consuming a significant amount of alcohol. The instrument also provides definitions for terms such as "being obese," "being treated with a specified drug," "chemotherapy," "death from gout," and "relevant service." The obligations imposed by this legislation primarily revolve around the verification of service-related factors in cases of gout and death from gout. Veterans or their representatives must provide evidence that at least one of the specified factors is connected to their service. This may include medical records, service records, or other relevant documentation that demonstrates the presence of a specified factor and its relation to the service. Additionally, if a relevant factor includes an injury or disease for which there is an existing Statement of Principles, those factors also apply according to the terms of that Statement of Principles. The Statement of Principles concerning gout outlines potential consequences for non-compliance or breach of the provisions. While the legislation does not explicitly detail specific offences, penalties, or consequences for breach, it is clear that failure to provide adequate evidence of the required factors or misrepresentation of service-related circumstances could lead to the denial of entitlements related to gout or death from gout. Such denials could result in the loss of benefits, compensation, or other entitlements that the affected individual might otherwise be eligible for under the Veterans’ Entitlements Act 1986. The penalties for such breaches would typically be determined by the administrative processes and judicial reviews available under the Act.

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