Instrument No.16 of 1998
Determination
of
Statement of Principles
concerning
IDIOPATHIC FIBROSING ALVEOLITIS
ICD CODE: 516.3
Veterans’ Entitlements Act 1986
1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act).
Kind of injury, disease or death
2. (a) This Statement of Principles is about idiopathic fibrosing alveolitis and death from idiopathic fibrosing alveolitis.
(b) For the purposes of this Statement of Principles, “idiopathic fibrosing alveolitis” means a chronic diffuse interstitial lung disease of unknown origin, characterised pathologically by inflammation and fibrosis of the lung parenchyma, attracting ICD code 516.3.
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 idiopathic fibrosing alveolitis and death from idiopathic fibrosing alveolitis 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, the factor set out in the paragraph 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, idiopathic fibrosing alveolitis or death from idiopathic fibrosing alveolitis is connected with the circumstances of a person’s relevant service are:
(a) inability to obtain appropriate clinical management for idiopathic fibrosing alveolitis.
Factors that apply only to material contribution or aggravation
6. Paragraph 5(a) applies only to material contribution to, or aggravation of, idiopathic fibrosing alveolitis where the person’s idiopathic fibrosing alveolitis 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.
Other definitions
7. For the purposes of this Statement of Principles:
“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) eligible war service (other than operational service); or
(b) defence service (other than hazardous service).
Dated this Twenty-seventh day of March 1998
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of )
KEN DONALD
CHAIRMAN
Overview
The Statement of Principles concerning Idiopathic Fibrosing Alveolitis, enacted by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, addresses the problem of determining whether veterans and members of the Australian Defence Forces can be compensated for idiopathic fibrosing alveolitis and related deaths. The Act aims to provide a clear framework for assessing the connection between the condition and relevant military service, ensuring that veterans who have served in non-operational and non-hazardous contexts can be recognised and compensated for conditions that arise from their service. The policy objective of this legislation is to provide a structured approach to the evaluation of claims based on sound medical-scientific evidence, thereby ensuring fair and consistent outcomes for affected veterans.
Scope and Application
This Statement of Principles, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, pertains to idiopathic fibrosing alveolitis, a chronic interstitial lung disease of unknown origin, and death resulting from this condition. The determination is made on the basis of sound medical-scientific evidence, asserting that it is more probable than not that such conditions can be related to the relevant service rendered by veterans or members of the Australian Defence Forces. The Act applies to veterans and members of the Forces who have rendered relevant service, which includes eligible war service and defence service, but excludes operational and hazardous service. The statement specifies that for the purposes of these entitlements, idiopathic fibrosing alveolitis must be linked to relevant service through factors such as the inability to obtain appropriate clinical management for the condition. This linkage is crucial for the condition to be considered connected with the circumstances of the person’s service, particularly concerning material contribution to, or aggravation of, the condition when it was suffered or contracted before or during, but not arising out of, the person’s relevant service. The Act may extend its application through subordinate instruments, although no such extensions or restrictions are noted in this specific Statement of Principles.
Key Provisions
The Statement of Principles, established under the Veterans’ Entitlements Act 1986 (section 196B(3)), pertains to idiopathic fibrosing alveolitis and death caused by this condition. It specifies that idiopathic fibrosing alveolitis is a chronic lung disease of unknown origin, identified by inflammation and fibrosis of the lung tissue, with an ICD code of 516.3 (section 2). The determination is based on the available medical-scientific evidence, which suggests a probable link between the disease and relevant military service (section 3).
The legislation outlines the specific factors that must exist to establish a connection between the condition and military service. These factors include the inability to obtain appropriate clinical management for idiopathic fibrosing alveolitis (section 5(a)). The disease must be related to any relevant service provided by the individual, with "relevant service" defined as eligible war service (other than operational service) or defence service (other than hazardous service) (section 7). Additionally, the condition must have been suffered or contracted before or during the individual's service, but not as a result of that service (section 6).
Under this legislation, certain obligations and requirements are imposed on the parties involved. The Repatriation Medical Authority must assess the medical evidence to determine the factors that establish a connection between the service and the disease. Claimants must provide evidence of their relevant service and any medical history related to idiopathic fibrosing alveolitis. Furthermore, healthcare providers must offer appropriate clinical management for the condition.
The Act imposes consequences for non-compliance or breach of the provisions. While specific offences and penalties are not detailed in the text, breaches of the Veterans’ Entitlements Act 1986 may result in civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties could include fines or imprisonment, as per the general provisions of the Act. The precise penalties would be determined by the relevant court or tribunal in the context of the specific breach.