Statement of Principles concerning loss of teeth No. 6 of 2003

Overview

The Veterans’ Entitlements Act 1986, enacted by the Parliament of Australia, seeks to provide entitlements to veterans and members of the Australian Defence Force who suffer from injuries, diseases, or death related to their service. This legislative instrument, titled "Revocation and Determination of Statement of Principles Concerning Loss of Teeth" and issued in 2003, specifically addresses the issue of loss of teeth and death from loss of teeth among veterans. The Repatriation Medical Authority, under the authority granted by the Act, has determined the factors that must be considered to establish a connection between loss of teeth and relevant service, thereby enabling veterans to access appropriate entitlements and support. The policy objective is to ensure that veterans who have suffered loss of teeth, under certain conditions, receive the necessary recognition and benefits for service-related injuries. This legislative instrument revokes a previous statement of principles and introduces a new one, defining "loss of teeth" as the permanent loss of one or more teeth of the secondary dentition. The Authority determined that it is more probable than not that loss of teeth and death from loss of teeth can be related to relevant service, provided certain conditions are met. These conditions include suffering from specific dental conditions before the onset of tooth loss or being unable to obtain appropriate clinical management. The new statement of principles also includes definitions for terms such as "terminal event" and "ICD-10-AM code", and specifies that this instrument applies to all matters governed by section 120B of the Act.

Scope and Application

The Instrument No.6 of 2003, under the Veterans’ Entitlements Act 1986, establishes a new Statement of Principles concerning loss of teeth and death from loss of teeth, revoking the previous Instrument No.375 of 1995. This legislative instrument applies to all matters covered by section 120B of the Act, focusing on the relationship between loss of teeth and service rendered by veterans or members of the Armed Forces. It mandates that at least one of the specified factors, such as dental caries, periodontitis, dental pulp disease, or trauma to the teeth or periodontium, must be related to the relevant service for the loss of teeth or death from loss of teeth to be considered connected with service. The instrument defines terms such as "loss of teeth," "terminal event," and "relevant service," and specifies that certain factors apply only to material contribution to, or aggravation of, loss of teeth if the condition was suffered before or during service. Additionally, it includes provisions for applying other Statements of Principles where relevant factors also pertain to other injuries or diseases. The instrument is a Commonwealth legislative instrument and does not specify any exclusions, exemptions, or thresholds, but its application can be extended or restricted through subordinate instruments.

Key Provisions

The legislative instrument in question primarily involves the revocation of Instrument No. 375 of 1995 and the establishment of a new Statement of Principles concerning the loss of teeth and death from loss of teeth under the Veterans’ Entitlements Act 1986 (the Act) (section 1(a) and (b)). This new Statement of Principles (section 2) pertains to the permanent loss of one or more teeth of the secondary dentition and is applicable to cases where such loss is coded under ICD-10-AM codes K08.1 or K08.3. The Repatriation Medical Authority (section 1) has determined that it is more probable than not that loss of teeth and death from loss of teeth can be related to relevant service rendered by veterans or members of the Forces (section 3). To establish a connection between the loss of teeth or death from loss of teeth and the relevant service, at least one of the factors specified in section 5 must be related to the service (section 4). These factors include suffering from dental caries, periodontitis, dental pulp disease, sustaining a fracture or luxation of the affected tooth, or sustaining a fracture or disruption of the periodontium within five years before the onset of loss of teeth, among others (section 5). Additionally, inability to obtain appropriate clinical management for loss of teeth can also be a contributing factor (section 5(f)). The obligations imposed by this legislation on parties and entities governed by it include ensuring that any claims related to loss of teeth or death from loss of teeth must demonstrate a connection to relevant service. Claimants must provide evidence that at least one of the specified factors was related to their service, and this must be substantiated by sound medical-scientific evidence. The Repatriation Medical Authority is responsible for reviewing these claims and determining whether the criteria set out in the Statement of Principles are met. If there is a connection to a previous injury or disease covered by another Statement of Principles, the factors and definitions from that Statement must also be applied (section 7). There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for breach of the provisions in this legislative instrument. However, failure to meet the requirements or providing false information in a claim could potentially lead to denial of entitlements or other administrative consequences as outlined in the Veterans’ Entitlements Act 1986. The instrument is a formal determination by the Repatriation Medical Authority and carries the authority of the Act, which may include mechanisms for appeal and review in cases where claimants disagree with the determinations made.