Statement of Principles concerning haemochromatosis No. 6 of 1997

Overview

The Statement of Principles concerning Haemochromatosis, enacted under the Veterans’ Entitlements Act 1986, was determined by the Repatriation Medical Authority in 1997 to address the specific issue of haemochromatosis, a genetic disorder of iron storage, and its connection to the service of veterans and members of the Australian Defence Forces. The legislation was introduced to provide clarity and eligibility criteria for veterans suffering from this condition, ensuring they receive appropriate benefits and recognition for their service-related health issues. The policy objective, as stated in the text, is to establish a connection between haemochromatosis, its aggravation, or material contribution to the condition and the relevant service of veterans, with specific reference to alcohol consumption and the inability to obtain appropriate clinical management. This determination aims to facilitate the assessment and provision of entitlements to affected veterans under the Act.

Scope and Application

The Statement of Principles concerning Haemochromatosis, established under the Veterans’ Entitlements Act 1986, applies specifically to veterans and members of the Australian Defence Force who have contracted haemochromatosis, a genetic disorder leading to iron accumulation in the body's tissues, or who have died from this condition. This legislation aims to recognise the connection between service-related factors and the onset or aggravation of haemochromatosis, facilitating entitlements for affected veterans. The legislation outlines specific criteria, such as the amount of alcohol consumed before the clinical worsening of the condition, which must be linked to the veteran's service to qualify for entitlements. The Statement of Principles excludes acquired haemosiderosis from its definition of haemochromatosis, focusing solely on the genetic disorder. The determination of the Repatriation Medical Authority indicates a probable link between haemochromatosis, death from it, and relevant military service, thus extending potential entitlements to those meeting the specified criteria. The legislation is applicable across Australia, governed by the Commonwealth, and its application may be extended or refined through subordinate instruments, though this particular legislative instrument does not detail such extensions.

Key Provisions

This Statement of Principles, as determined under subsection 196B(3) of the Veterans' Entitlements Act 1986 (section 1), pertains specifically to haemochromatosis and death resulting from this condition (section 2(a)). Haemochromatosis, for the purposes of this determination, is defined as a genetic disorder of iron storage, leading to tissue damage and functional impairment of organs such as the liver, pancreas, heart, and pituitary, with ICD code 275.0 (section 2(b)). It is important to note that this definition excludes acquired haemosiderosis. The Repatriation Medical Authority has concluded, based on available medical-scientific evidence, that it is more probable than not that haemochromatosis and death from this condition can be linked to relevant service rendered by veterans or members of the Forces (section 3). The Act imposes specific requirements and obligations on parties involved. For a connection to be established between haemochromatosis or death from this condition and relevant service, one or more of the specified factors must exist and must be related to the person's relevant service (section 4). These factors include, for men, the consumption of at least 220kg of alcohol within any 10-year period before the clinical worsening of haemochromatosis, or for women, the consumption of at least 150kg of alcohol within any 10-year period before the clinical worsening of haemochromatosis (section 5(a), 5(b)). Another factor is the inability to obtain appropriate clinical management for haemochromatosis (section 5(c)). Notably, these factors apply only to material contribution to, or aggravation of, haemochromatosis where the condition was suffered or contracted before or during, but not arising out of, the person's relevant service (section 6). Under the Act, there are potential civil and criminal consequences for non-compliance with its provisions. Although the specific penalties are not detailed within the Statement of Principles, breaches of the Veterans' Entitlements Act 1986 can lead to significant penalties. For civil breaches, the Act may provide for penalties that could include fines and other monetary sanctions. Criminal penalties can be severe, with maximum penalties potentially including imprisonment, reflecting the seriousness of any non-compliance with the legislative requirements. The exact nature and severity of these penalties would need to be referenced from the main Act and related regulations.