Statement of Principles concerning hypopituitarism No. 76 of 2009

Administered by Department of Veterans' Affairs

Legislation au F2009L04047 Not in force Legislative Instrument

Legislation content

 

 

 

Statement of Principles

 

Concerning

 

HYPOPITUITARISM

Instrument No. 76 of 2009 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 25 March 2013 taking into account Amendment of Statement of Principles concerning HYPOPITUITARISM (Instrument No. 19 of 2013)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane


 

Statement of Principles

 

concerning

 

HYPOPITUITARISM

No. 76 of 2009

 

for the purposes of the

 

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

 

Title

1. This Instrument may be cited as Statement of Principles concerning hypopituitarism No. 76 of 2009.

 

Determination

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

 

Kind of injury, disease or death

3. (a) This Statement of Principles is about hypopituitarism and death from hypopituitarism.

(b)               For the purposes of this Statement of Principles, "hypopituitarism" means an endocrine disease characterised by cessation or diminished production of pituitary hormones as a result of disease or injury of the anterior or posterior pituitary gland or hypothalamus, where the diminished production is sufficient to produce clinical symptoms and signs and to necessitate hormone replacement therapy.

 

Basis for determining the factors

4. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that hypopituitarism and death from hypopituitarism can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA).

 

Factors that must be related to service

5. Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.

 

Factors

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

 

(a)                having an autoimmune disorder involving the pituitary gland at the time of the clinical onset of hypopituitarism; or

 

(b)               having infiltration of the pituitary gland or hypothalamus due to a specified disorder at the time of the clinical onset of hypopituitarism; or

 

(c)                being infected with the Human Immunodeficiency Virus (HIV) before the clinical onset of hypopituitarism; or

 

(d)               having an infection of the brain or cerebral meninges within the two years before the clinical onset of hypopituitarism; or

 

(e)                having haemorrhagic fever due to a Hantavirus at the time of the clinical onset of hypopituitarism; or

 

(f)                having cerebral trauma within the ten years before the clinical onset of hypopituitarism; or

 

(g)               having a subarachnoid haemorrhage within the ten years before the clinical onset of hypopituitarism; or

 

(h)               having intracranial surgery within the ten years before the clinical onset of hypopituitarism; or

 

(i)                 having cerebral ischaemia or intracerebral haemorrhage involving the pituitary gland or hypothalamus within the twenty years before the clinical onset of hypopituitarism; or

 

(j)                 having severe hypotension resulting from post-partum haemorrhage or massive haemorrhage within the twenty years before the clinical onset of hypopituitarism; or

 

(k)               having cerebral oedema from diabetic ketoacidosis within the ten years before the clinical onset of hypopituitarism; or

 

(l)                 having received a course of therapeutic radiation to the head or neck within the twenty years before the clinical onset of hypopituitarism; or

 

(m)             having a space occupying lesion that involves or impinges on the pituitary gland or hypothalamus at the time of the clinical onset of hypopituitarism; or

 

(n)               being treated with ipilumab or an interferon at the time of the clinical onset of hypopituitarism; or

 

(o)               regularly using intranasal cocaine such that there is destruction of the nasal septum, palate or paranasal sinuses before the clinical onset of hypopituitarism; or

 

(p)               having an autoimmune disorder involving the pituitary gland at the time of the clinical worsening of hypopituitarism; or

 

(q)               having infiltration of the pituitary gland or hypothalamus due to a specified disorder at the time of the clinical worsening of hypopituitarism; or

 

(r)                being infected with the Human Immunodeficiency Virus (HIV) before the clinical worsening of hypopituitarism; or

 

(s)                having an infection of the brain or cerebral meninges within the two years before the clinical worsening of hypopituitarism; or

 

(t)                 having haemorrhagic fever due to a Hantavirus at the time of the clinical worsening of hypopituitarism; or

 

(u)               having cerebral trauma within the ten years before the clinical worsening of hypopituitarism; or

 

(v)               having a subarachnoid haemorrhage within the ten years before the clinical worsening of hypopituitarism; or

 

(w)             having intracranial surgery within the ten years before the clinical worsening of hypopituitarism; or

 

(x)               having cerebral ischaemia or intracerebral haemorrhage involving the pituitary gland or hypothalamus within the twenty years before the clinical worsening of hypopituitarism; or

 

(y)               having severe hypotension resulting from post-partum haemorrhage or massive haemorrhage within the twenty years before the clinical worsening of hypopituitarism; or

 

(z)                having cerebral oedema from diabetic ketoacidosis within the ten years before the clinical worsening of hypopituitarism; or

 

(aa)            having received a course of therapeutic radiation to the head or neck within the twenty years before the clinical worsening of hypopituitarism; or

 

(bb)           having a space occupying lesion that involves or impinges on the pituitary gland or hypothalamus at the time of the clinical worsening of hypopituitarism; or

 

(cc)            being treated with ipilumab or an interferon at the time of the clinical worsening of hypopituitarism; or

 

(dd)           regularly using intranasal cocaine such that there is destruction of the nasal septum, palate or paranasal sinuses before the clinical worsening of hypopituitarism; or

 

(ee)            inability to obtain appropriate clinical management for hypopituitarism.

 

Factors that apply only to material contribution or aggravation

7. Paragraphs 6(p) to 6(ee) apply only to material contribution to, or aggravation of, hypopituitarism where the person’s hypopituitarism was suffered or contracted before or during (but not arising out of) the person’s relevant service.

 

Inclusion of Statements of Principles

8. 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 as in force from time to time.

 

Other definitions

9. For the purposes of this Statement of Principles:

 

"a course of therapeutic radiation" means one or more fractions (treatment portions) of ionising radiation administered with the aim of achieving palliation or cure with gamma rays, x-rays, alpha particles or beta particles;

 

"cerebral trauma" means structural injury or physiological disruption of brain function as a result of external force accompanied by at least one of the following clinical signs immediately following the event:

(a)               confusion, disorientation, impaired consciousness, loss of consciousness or dysfunction of memory around the time of injury;

(b)               focal neurological deficits;

(c)               skull fracture;

(d)               seizures;

(e)               intracranial abnormalities, including intracranial haemorrhage or haematomas, cerebral contusion, hydrocephaly and diffuse axonal injury.

In this definition, external force includes blunt trauma; acceleration or deceleration forces; blast force and a foreign body penetrating the brain;

 

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

 

"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), Sixth Edition, effective date of 1 July 2008, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 978 1 74210 016 6;

 

"infiltration of the pituitary gland or hypothalamus due to a specified disorder" means the pathological diffusion or accumulation in the pituitary gland or hypothalamus of substances not normal to it, or in amounts in excess of normal, from one of the following disease processes:

(a)               a primary or metastatic neoplasm;

(b)               amyloidosis;

(c)               Castleman’s disease;

(d)               Crohn’s disease;

(e)               eosinophilic granuloma;

(f)                giant-cell granuloma;

(g)               histiocytosis;

(h)               iron overload;

(i)                 sarcoidosis;

(j)                 Wegener’s granulomatosis;

(k)               xanthogranuloma; or

(l)                 another infiltrative or granulomatous process;

 

"iron overload" means an accumulation of excess iron in tissues and organs which has been confirmed by elevated ferritin or transferrin saturation levels. Causes include haemochromatosis or blood transfusions;

 

"relevant service" means:

(a)               operational service under the VEA;

(b)               peacekeeping service under the VEA;

(c)               hazardous service under the VEA;

(d)               warlike service under the MRCA; or

(e)               non-warlike service under the MRCA;

 

"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.

 

Date of effect

10. This Instrument takes effect from 11 November 2009.

 

Notes to Statement of Principles concerning hypopituitarism (Instrument No. 76 of 2009)

 

The Statement of Principles concerning hypopituitarism (Instrument No. 76 of 2009) 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 FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning hypopituitarism (Instrument No. 76 of 2009)

2 November 2009

 

F2009L04047

 

11 November 2009

 

 

 

Amendment of Statement of Principles concerning hypopituitarism (Instrument No. 19 of 2013)

6 March 2013

 

F2013L00413

 

13 March 2013

 

 

 

 

 

 

 

 

 

 

 

Table of Amendments

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

Provision affected

How affected

Clause 9

rs. Instrument  No.19 of 2013

 

 

 

Overview

The Statement of Principles concerning hypopituitarism No. 76 of 2009 is a legislative instrument made under section 196B(2) of the Veterans’ Entitlements Act 1986 (VEA) by the Repatriation Medical Authority. This instrument was introduced to address the need for a formal recognition of the link between service and hypopituitarism, an endocrine disorder affecting the pituitary gland, in eligible veterans and members of peacekeeping forces. The policy objective is to provide a clear basis for determining entitlements and compensation for veterans and members of peacekeeping forces who develop hypopituitarism as a result of their service, ensuring that the medical-scientific evidence supports the connection between service and the disease. This instrument aims to streamline the process of claims related to hypopituitarism by specifying the factors that must be considered in establishing a link to service, thereby facilitating the provision of appropriate benefits and support to affected individuals. The Statement of Principles outlines the various factors that must be related to the service rendered by the person, such as autoimmune disorders, infections, trauma, and other medical conditions, to establish a reasonable hypothesis connecting hypopituitarism or death from hypopituitarism with their service. The instrument took effect on 11 November 2009, and was subsequently amended to incorporate updates and refinements to the criteria and definitions, ensuring that the legislative framework remains current and responsive to medical advancements and changing circumstances.

Scope and Application

The Statement of Principles concerning Hypopituitarism No. 76 of 2009, made under section 196B(2) of the Veterans’ Entitlements Act 1986, applies to veterans, members of Peacekeeping Forces, and members of the Australian Defence Force as defined in the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument outlines the medical criteria for recognising hypopituitarism and death from hypopituitarism as service-related conditions. The principles apply to individuals who have experienced diminished production of pituitary hormones due to disease or injury of the anterior or posterior pituitary gland or hypothalamus, necessitating hormone replacement therapy. This encompasses various factors that must be related to the person’s relevant service, such as autoimmune disorders involving the pituitary gland, infiltration due to specified disorders, infections, trauma, or other conditions that have occurred before or during service. The legislative instrument took effect on 11 November 2009 and has been subject to amendments, such as the one made in 2013, which further refine the criteria and application of these principles.

Key Provisions

The Statement of Principles concerning Hypopituitarism No. 76 of 2009, as amended (the Instrument) under section 196B(2) of the Veterans’ Entitlements Act 1986, addresses hypopituitarism and death from hypopituitarism in veterans and certain other service members. It outlines the medical conditions and factors that must be related to service to establish a link between hypopituitarism and relevant service (clauses 3 and 5). The key factors include autoimmune disorders, infections, trauma, and other specified medical conditions that must be present at or before the clinical onset of hypopituitarism (clause 6). Certain factors apply only to material contribution or aggravation of hypopituitarism if it was suffered or contracted before or during service (clause 7). The Act imposes specific obligations on the parties it governs. Claimants must demonstrate that they have hypopituitarism or have died from hypopituitarism and that at least one of the specified factors (clause 6) was related to their relevant service. They must also provide medical evidence supporting the connection between their condition and their service. The Repatriation Medical Authority is responsible for determining whether the medical-scientific evidence supports a reasonable hypothesis that the condition was related to the service (clause 4). Breach of the requirements or misrepresentation of facts to obtain benefits under this Instrument may result in legal consequences. Under the Veterans’ Entitlements Act 1986, making a false statement or providing false information with intent to obtain a benefit can be an offence, carrying a maximum penalty of 12 months imprisonment or a fine of 1,260 penalty units, or both, for individuals, and 2,520 penalty units for bodies corporate (section 215). Additionally, the Military Rehabilitation and Compensation Act 2004 provides for the recovery of overpayments and potential civil penalties for fraudulent claims. These penalties underscore the importance of compliance with the legislative requirements and the seriousness of attempting to obtain benefits through deception.

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