Statement of Principles concerning haemochromatosis No. 5 of 1997

Administered by Department of Veterans' Affairs

Legislation au F2008B00671 Not in force Legislative Instrument

Legislation content

Instrument No.5 of 1997

 

Determination

of

Statement of Principles

concerning

HAEMOCHROMATOSIS

ICD CODE: 275.0

 

Veterans’ Entitlements Act 1986

 

 

1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act).

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about haemochromatosishaemochromatosis and death from haemochromatosis.

 

 (b) For the purposes of this Statement of Principles, haemochromatosis means a genetic disorder of iron storage in which an inappropriate increase in intestinal iron absorption results in the deposition of excessive quantities of iron in parenchymal cells, with eventual tissue damage and functional impairment of the organs involved, especially the liver, pancreas, heart and pituitary, attracting ICD code 275.0.

 

Note: For the purposes of this Statement of Principles, this definition specifically excludes acquired haemosiderosis.

 

Basis for determining the factors

 

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that haemochromatosis and death from haemochromatosis 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, the factors set out in at least one of the paragraphs 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 haemochromatosis or death from haemochromatosis with the circumstances of a person’s relevant service are:

 

(a) for men, drinking at least 150kg of alcohol (contained within alcoholic drinks) within any 10 year period before the clinical worsening of haemochromatosis; or

 

(b) for women, drinking at least 75kg of alcohol (contained within alcoholic drinks) within any 10 year period before the clinical worsening of haemochromatosis; or

 

(c) inability to obtain appropriate clinical management for haemochromatosis.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(a) to 5(c) apply only to material contribution to, or aggravation of, haemochromatosis where the person’s haemochromatosis 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.

 

Other definitions

7. 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;

 

“ICD code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1996, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 24447 2;

 


“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) hazardous service.

 

 

 

Dated this Twenty-second  day of       January              1997

 

 

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 addresses the need to provide various benefits and compensations to veterans and their families, including those who suffer from diseases or injuries sustained during their service. This Act was enacted by the Parliament of Australia to ensure that veterans receive the care and recognition they deserve for their contributions. One specific issue the Act aims to address is the recognition and compensation for diseases like haemochromatosis, a genetic disorder that can be exacerbated by service-related factors such as alcohol consumption. The Repatriation Medical Authority, under the provisions of the Act, has determined a Statement of Principles concerning haemochromatosis, specifically identifying it as a condition that can be connected to relevant service, thus warranting consideration for entitlements. This legislative instrument helps bridge the gap by providing clear criteria for establishing a link between haemochromatosis and service, ensuring that affected veterans can access appropriate benefits.

Scope and Application

The Statement of Principles outlined in the legislative instrument pertains specifically to veterans, members of Peacekeeping Forces, and members of the Australian Defence Force who have developed haemochromatosis, a genetic disorder of iron storage, or have died from it. This Statement of Principles applies to individuals who have contracted this condition before or during their relevant service, which includes operational service, peacekeeping service, or hazardous service. The instrument excludes acquired haemosiderosis from the definition of haemochromatosis for the purposes of this determination. Geographically, the application of this legislation is confined to those who have served in the Australian Defence Force or associated peacekeeping operations, thus the jurisdiction is federal in nature. There are no explicit exclusions or thresholds stated in this particular Statement of Principles, though the conditions outlined for a reasonable hypothesis to be raised concerning the service-related nature of the condition are quite specific. The instrument may be subject to further interpretation and application through subordinate legislation or administrative regulations, which could potentially extend or restrict its scope.

Key Provisions

This Statement of Principles (Clause 1) pertains to haemochromatosis and death from haemochromatosis, and is established by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986. The document clarifies that haemochromatosis refers to a genetic disorder involving excessive iron storage in the body's tissues, particularly the liver, pancreas, heart and pituitary, with ICD code 275.0 (Clause 2). The Authority has determined that there is sufficient medical-scientific evidence to link haemochromatosis and death from haemochromatosis to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces (Clause 3). For a reasonable hypothesis to be raised connecting haemochromatosis or death from haemochromatosis with a person's relevant service, certain factors must exist (Clause 4). For men, this includes drinking at least 150kg of alcohol within any 10-year period before the clinical worsening of haemochromatosis, or for women, drinking at least 75kg of alcohol within the same timeframe (Clause 5(a) and (b)). Another factor is the inability to obtain appropriate clinical management for haemochromatosis (Clause 5(c)). These factors apply only to material contribution to, or aggravation of, haemochromatosis where the person's condition was suffered or contracted before or during (but not arising out of) their relevant service (Clause 6). The Statement of Principles imposes several obligations on parties or entities it governs. Firstly, it mandates the recognition of a link between haemochromatosis, death from haemochromatosis, and relevant service, subject to the factors outlined in the Statement (Clauses 4 and 5). This requires a thorough assessment of the individual's service history and their exposure to the specified factors. Furthermore, the definition of relevant service is provided, encompassing operational service, peacekeeping service, and hazardous service (Clause 7). This definition is crucial in determining the scope of the Statement of Principles and the individuals it applies to. Failure to comply with the provisions of this Statement of Principles may result in various consequences, although the specific offences, penalties, or consequences are not detailed within the Statement itself. However, under the Veterans’ Entitlements Act 1986, breaches of the Act or its associated legislative instruments could potentially lead to civil or criminal penalties. These may include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Act. The maximum penalties for such breaches are not explicitly stated in this Statement of Principles, and would need to be referred to in the Act or relevant case law. Nonetheless, adherence to the Statement of Principles is crucial to ensure the fair and accurate assessment of claims related to haemochromatosis and death from haemochromatosis in the context of veterans' entitlements.

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