Statement of Principles concerning inflammatory bowel disease No. 21 of 2001

Administered by Department of Veterans' Affairs

Legislation au F2005B01743 Not in force Legislative Instrument

Legislation content

Instrument No.21 of 2001

 

Revocation and Determination

of

Statement of Principles

concerning

 

INFLAMMATORY BOWEL DISEASE

 

ICD-10-AM CODES: 555, 556K50, K51

 

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.144 of 1996 and Instrument No.179 of 1996; and

 

(b) determines in their place the following Statement of Principles.

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about inflammatory bowel disease and death from inflammatory bowel disease.

 

(b)  For the purposes of this Statement of Principles, “inflammatory bowel disease” means one of a group of chronic inflammatory disorders involving the gastrointestinal tract, attracting ICD-10-AM code K50 or K51.  This definition includes ulcerative colitis and Crohn's disease, but excludes bowel inflammation secondary to vascular insufficiency, radiation, infection or known gastrointestinal toxins.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that inflammatory bowel disease and death from inflammatory bowel disease 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, 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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting inflammatory bowel disease or death from inflammatory bowel disease with the circumstances of a person’s relevant service are:

 

(a)               for ulcerative colitis only, in a person with a history of a regular smoking habit,

 

(i)                ceasing to smoke within the 10 years immediately before, and

(ii)              continuing not to smoke for the three months immediately before,

 

the clinical onset of inflammatory bowel disease; or

 

(b)              for Crohn’s disease only,

 

(i)                smoking at least one half pack year of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of inflammatory bowel disease, and where smoking has ceased, the clinical onset has occurred within four years of cessation; or

 

(ii)              using the combined oral contraceptive pill for a period of at least six months within the two years immediately before the clinical onset of inflammatory bowel disease; or

 

(iii)           smoking at least one half pack year of cigarettes or the equivalent thereof in other tobacco products before the clinical worsening of inflammatory bowel disease, and where smoking has ceased, the clinical worsening has occurred within four years of cessation; or

 

(c) inability to obtain appropriate clinical management for inflammatory bowel diseaseinflammatory bowel disease.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(b)(iii) to 5(c) apply only to material contribution to, or aggravation of, inflammatory bowel disease where the person’s inflammatory bowel disease 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.

 

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:

 

“a regular smoking habit” means having smoked at least five pack years of cigarettes or the equivalent thereof in other tobacco products;

 

“death from inflammatory bowel disease” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s inflammatory bowel disease;

 

“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), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 3;

 

“pack years of cigarettes or the equivalent thereof in other tobacco products” means a calculation of consumption where one pack year of cigarettes equals twenty tailor made cigarettes (being the “standard” cigarette pack contents) per day for a period of one calendar year, or

7 300 cigarettes.  One tailor made cigarette approximates one gram of tobacco or one gram of cigar or pipe tobacco by weight.  One pack year of tailor made cigarettes equates to 7 300 cigarettes, or 7.3kg of smoking tobacco by weight.  Tobacco products means either cigarettes, pipe tobacco or cigars smoked, alone or in any combination;

 

“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) hazardous service;

 

“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 120A of the Act applied.

 

 

Dated this Nineteenth day of  March               2001

 

 

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 was enacted to provide a comprehensive scheme for the care, rehabilitation, and compensation of Australian war veterans, as well as their dependants. One of the critical gaps this legislation aimed to address was the lack of formal recognition and compensation for certain diseases and conditions that could be linked to military service, such as inflammatory bowel disease. In response to this need, the Repatriation Medical Authority, under subsection 196B(2) of the Act, revoked previous instruments and introduced a new Statement of Principles concerning inflammatory bowel disease, including its various forms and related deaths. This legislative instrument aims to provide clarity and ensure that veterans who suffer from inflammatory bowel disease, or have died from it, are appropriately recognised and compensated for their service-related conditions. The Repatriation Medical Authority’s determination is based on sound medical-scientific evidence linking inflammatory bowel disease to relevant military service, ensuring that affected veterans receive the support and benefits they deserve.

Scope and Application

The legislative instrument, which revokes and replaces previous Statements of Principles concerning inflammatory bowel disease, applies to all matters to which section 120A of the Veterans' Entitlements Act 1986 applies. Specifically, it pertains to veterans, members of Peacekeeping Forces, or members of the Australian Defence Force who have contracted inflammatory bowel disease, which includes ulcerative colitis and Crohn's disease, or who have died from the disease. The instrument provides a framework for assessing whether a veteran's inflammatory bowel disease or death from the disease is related to their service, setting out the factors that must be considered in such an assessment. Notably, the instrument excludes bowel inflammation secondary to vascular insufficiency, radiation, infection, or known gastrointestinal toxins from its definition of inflammatory bowel disease. The instrument's provisions are integral to determining the eligibility of veterans for certain benefits and compensations under the Act.

Key Provisions

The key provisions of this legislation (Instrument No. 21 of 2001) focus on the revocation of previous statements of principles regarding inflammatory bowel disease and the introduction of a new Statement of Principles concerning this condition. Section 1 of the instrument revokes Instrument No. 144 of 1996 and Instrument No. 179 of 1996 and establishes new criteria for determining the relationship between inflammatory bowel disease, death from this condition, and relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces. Section 2 defines the scope of the Statement of Principles, clarifying that it applies to inflammatory bowel disease and death from this condition. The definition of "inflammatory bowel disease" includes ulcerative colitis and Crohn's disease, but excludes bowel inflammation secondary to other causes. The Repatriation Medical Authority is mandated under section 3 to determine that there is sound medical-scientific evidence indicating that inflammatory bowel disease and death from this condition can be related to relevant service. This determination is crucial for the purpose of establishing a connection between the disease and the service rendered. Section 5 outlines the factors that must exist to raise a reasonable hypothesis connecting inflammatory bowel disease or death from this condition with the circumstances of a person's relevant service. These factors include specific smoking habits and contraceptive use for ulcerative colitis and Crohn's disease, and inability to obtain appropriate clinical management for inflammatory bowel disease. Section 6 specifies that certain factors apply only to material contribution to, or aggravation of, inflammatory bowel disease, particularly where the disease was suffered or contracted before or during relevant service. This distinction is important for determining the extent to which service may have contributed to the disease or its worsening. Section 7 provides that if a relevant factor includes an injury or disease in respect of which there is a Statement of Principles, then the factors in that Statement of Principles apply. This ensures consistency and clarity in the application of the criteria across different conditions. The instrument also includes various definitions in section 8 to clarify terms such as "regular smoking habit," "death from inflammatory bowel disease," "ICD-10-AM code," "pack years of cigarettes or the equivalent thereof in other tobacco products," "relevant service," and "terminal event." These definitions are essential for the accurate interpretation and application of the Statement of Principles. The legislation imposes several obligations on the parties it governs. Primarily, it requires the Repatriation Medical Authority to establish and maintain the Statement of Principles that connect inflammatory bowel disease or death from this condition to relevant service. This involves rigorous assessment and determination based on sound medical-scientific evidence. Furthermore, section 9 mandates that this instrument applies to all matters to which section 120A of the Veterans’ Entitlements Act 1986 applied, ensuring that the criteria are uniformly applied across relevant cases. In terms of penalties and consequences, the legislation does not explicitly state penalties for breaches. However, the accuracy and correctness of the determinations made under this instrument are critical, as they directly impact the eligibility of veterans and members of Peacekeeping Forces or the Forces for certain benefits and entitlements. Incorrect determinations could lead to legal challenges and disputes, potentially affecting the rights and entitlements of the affected individuals. Therefore, the Repatriation Medical Authority must ensure that all determinations are made with due diligence and in accordance with the stipulated criteria to avoid any adverse consequences.

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