Statement of Principles concerning gout No. 12 of 2000

Administered by Department of Veterans' Affairs

Legislation au F2005B02421 Not in force Legislative Instrument

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Statement of Principles

concerning

GOUT

 Instrument No. 12 of 2000 as amended

made under section 196B(3) 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. 44 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(3) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.89 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, “gout” means 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. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that gout and death from gout can be related to relevant service rendered by veterans 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 exist before it can be said that, on the balance of probabilities, gout or death from gout is connected 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 220kg 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 220kg 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) or 70(5)(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) eligible war service (other than operational service); or

(b) defence service (other than 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 120B of the Act applies.

 

 

 

Notes to Statement of Principles concerning gout (Instrument No. 12 of 2000)

The Statement of Principles concerning gout (Instrument No. 12 of 2000) in force under section 196B(3) 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. 12 of 2000)

29 March 2000

(see Gazette 2000, No. GN12)

29 March 2000

 

Amendment of Statement of Principles concerning gout (Instrument No. 44 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. 44 of 2003

 

Overview

The Statement of Principles concerning GOUT (Instrument No. 12 of 2000) was enacted to address the issue of determining whether gout or death from gout in veterans can be related to their service in the armed forces. This legislative instrument was made under section 196B(3) of the Veterans’ Entitlements Act 1986 by the Repatriation Medical Authority, and its primary policy objective is to provide a framework for the assessment of service-related gout cases in veterans. The Statement of Principles outlines the factors that must exist for gout or death from gout to be considered related to the service, including specific medical conditions, treatments, lifestyle factors, and other relevant circumstances. The Statement of Principles concerning gout was initially published in 2000 and was subsequently amended in 2003 to refine the criteria for determining service-related gout cases.

Scope and Application

This legislative instrument, the Statement of Principles concerning GOUT, is made under section 196B(3) of the Veterans’ Entitlements Act 1986 and pertains to the determination of gout and death from gout as conditions that can be related to the relevant service rendered by veterans or members of the Forces. The instrument outlines specific factors that must exist for gout or death from gout to be considered connected with the circumstances of a person's relevant service, including suffering from certain diseases or being treated with specified drugs before the onset or worsening of gout. Additionally, obesity, lead nephropathy, chemotherapy, and excessive alcohol consumption are also considered factors. The instrument applies to all matters to which section 120B of the Veterans’ Entitlements Act 1986 applies and has been amended to include changes such as the redefinition of 'being obese'. The instrument's scope is national, as it is made under a Commonwealth Act, and it does not explicitly state any exclusions or exemptions. The application of this instrument may be further extended or restricted through subordinate instruments made under the authority of the Veterans’ Entitlements Act 1986.

Key Provisions

The Statement of Principles concerning Gout, established under section 196B(3) of the Veterans’ Entitlements Act 1986, outlines the criteria for establishing a connection between gout or death from gout and relevant military service. The document revokes the previous Statement of Principles (Instrument No. 89 of 1997) and establishes new provisions that detail the specific conditions under which gout can be considered related to service (section 1). The Statement defines gout as a metabolic condition that includes hyperuricaemia, tissue deposition of urate crystals, and various clinical manifestations such as acute inflammatory arthritis (section 2). It is determined that, based on available medical-scientific evidence, gout and death from gout can be related to relevant military service if certain conditions are met (section 3). Under the new provisions, several factors must be present to establish a link between gout or its worsening and military service. These include suffering from certain specified diseases within 180 days before the clinical onset or worsening of gout, being treated with specified drugs, being obese, suffering from lead nephropathy, undergoing chemotherapy for a malignant tumour within seven days before the onset or worsening of gout, or consuming a significant amount of alcohol within ten years before the onset or worsening of gout (section 5). The Statement also specifies that these factors apply to material contribution to, or aggravation of, gout when the gout was suffered or contracted before or during service but not arising out of service (section 6). The Statement imposes specific obligations on parties seeking to establish a connection between gout and military service. Claimants must demonstrate that at least one of the listed factors is related to their service. This requires providing evidence such as medical records, treatment histories, and details of any relevant medical conditions or treatments that align with the criteria set out in the Statement (section 5). The Statement further includes definitions for terms such as "obesity," "being treated with a specified drug," and "chemotherapy," clarifying the types of evidence and conditions that will be considered (section 8). Breach of the provisions outlined in this Statement of Principles could result in civil or criminal consequences. While the Statement itself does not explicitly detail penalties for non-compliance, the underlying Veterans’ Entitlements Act 1986 provides a framework for enforcement. Under Australian law, providing false information or documents to support a claim could lead to charges of fraud or perjury, with potential penalties including fines and imprisonment. The severity of penalties would depend on the jurisdiction and the specific nature of the offence.

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