Statement of Principles concerning mesangial IGA glomerulonephritis No. 63 of 2001

Administered by Department of Veterans' Affairs

Legislation au F2005B02764 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

MESANGIAL IGA GLOMERULONEPHRITIS

Instrument No. 63 of 2001 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 23 November 2005
taking into account Amendment of Statement of Principles concerning MESANGIAL IGA GLOMERULONEPHRITIS (Instrument No. 75 of 2002)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

Determination

of

Statement of Principles

concerning

MESANGIAL IGA GLOMERULONEPHRITIS

 

Veterans’ Entitlements Act 1986

 

 

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

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about mesangial IgA glomerulonephritis and death from mesangial IgA glomerulonephritis.

 

(b)              For the purposes of this Statement of Principles, “mesangial IgA glomerulonephritis means a disease of the kidneys characterised by a predominance of immunohistologically proven IgA deposits in the renal mesangium and recurring and intermittent episodes of haematuria or proteinuria. This definition includes primary mesangial IgA glomerulonephritis and secondary mesangial IgA glomerulonephritis.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that mesangial IgA glomerulonephritis and death from mesangial IgA glomerulonephritis 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 mesangial IgA glomerulonephritis or death from mesangial IgA glomerulonephritis with the circumstances of a person’s relevant service are:

 

(a)               for secondary mesangial IgA glomerulonephritis only, suffering from cirrhosis of the liver at the time of the clinical onset of mesangial IgA glomerulonephritis; or

 

(b)               for secondary mesangial IgA glomerulonephritis only, suffering from Schonlein-Henoch purpura at the time of the clinical onset of mesangial IgA glomerulonephritis; or

 

(c)               for primary mesangial IgA glomerulonephritis only, inhaling or having dermal exposure to:

 

(i)                oxygenated organic solvents,

(ii)              aliphatic hydrocarbon solvents, or

(iii)           aromatic hydrocarbon solvents,

 

for an average of at least two hours per week over a period of at least twelve months before the clinical onset of mesangial IgA glomerulonephritis; or

 

(d)               for primary mesangial IgA glomerulonephritis only, inhaling or having dermal exposure to:

 

(i)                oxygenated organic solvents,

(ii)              aliphatic hydrocarbon solvents, or

(iii)           aromatic hydrocarbon solvents,

 

for an average of at least two hours per week over a period of at least twelve months before the clinical worsening of mesangial IgA glomerulonephritis; or

 

(e)               inability to obtain appropriate clinical management for mesangial IgA glomerulonephritis.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(d) to 5(e) apply only to material contribution to, or aggravation of mesangial IgA glomerulonephritis where the person’s mesangial IgA glomerulonephritis 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:

 

“cirrhosis of the liver” means a pathologically defined entity involving irreversible chronic injury of the hepatic parenchyma and includes extensive fibrosis in association with regenerative nodules;

 

“death from mesangial IgA glomerulonephritis” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s mesangial IgA glomerulonephritis;

 

“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;

 

“primary mesangial IgA glomerulonephritis” means predominant IgA mesangial deposits in the absence of clinical or laboratory evidence of any other associated systemic disease, and is also known as Berger's disease or idiopathic IgA nephropathy;

 

“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) hazardous service;

 

“Schonlein-Henoch purpura” means a systemic vasculitis affecting small calibre vessels, causing a characteristic clinical syndrome of vascular purpura in the lower limbs, abdominal pain, joint pain and nephritis;

 

“secondary mesangial IgA glomerulonephritis” means predominant IgA mesangial deposits in the presence of clinical or laboratory evidence of any other associated systemic disease;

 

“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.

 


Notes to Statement of Principles concerning mesangial IgA glomerulonephritis (Instrument No. 63 of 2001)

The Statement of Principles concerning mesangial IgA glomerulonephritis (Instrument No. 63 of 2001) 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 notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning mesangial IgA glomerulonephritis (Instrument No. 63 of 2001)

22 August 2001

(see Gazette 2001, No. GN33)

22 August 2001

 

Amendment of Statement of Principles concerning mesangial IgA glomerulonephritis (Instrument No. 75 of 2002)

27 November 2002

(see Gazette 2002, No. GN47)

27 November 2002

 


Table of Amendments

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

Provision affected

How affected

Paragraph 5(c).........

rs. Instrument  No.75 of 2002

Paragraph 5(d).........

rs. Instrument  No.75 of 2002

Paragraph 8 – ‘organic solvents’ 

rep. Instrument  No.75 of 2002

 

Overview

The Statement of Principles concerning Mesangial IgA Glomerulonephritis (Instrument No. 63 of 2001 as amended) was introduced under the Veterans’ Entitlements Act 1986 to provide clarity and criteria for determining the service-relatedness of mesangial IgA glomerulonephritis and death from this condition among veterans. The Act was enacted by the Australian Parliament to address the need for a formal mechanism to link specific diseases and conditions to military service for the purposes of awarding veterans' benefits. The Repatriation Medical Authority, exercising its powers under the Act, has determined that mesangial IgA glomerulonephritis can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces. This legislative instrument outlines the specific factors that must be present to establish a connection between the disease and the service, thereby facilitating the assessment of claims related to this condition. The policy objective of this Statement of Principles is to ensure that veterans who have developed mesangial IgA glomerulonephritis or died from it, under certain conditions, can access appropriate benefits and support. By setting out specific criteria and factors that must be related to service, the legislation aims to provide a clear and consistent framework for evaluating claims, thereby ensuring that eligible veterans receive the necessary assistance. This instrument was first issued on 22 August 2001 and has since been amended to refine the criteria and definitions related to the condition.

Scope and Application

The Statement of Principles concerning Mesangial IgA Glomerulonephritis, as determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, applies to veterans, members of Peacekeeping Forces, or members of the Forces who have suffered from mesangial IgA glomerulonephritis or died from it. This legislation establishes the criteria for recognising the disease as related to relevant military service, which includes operational, peacekeeping, or hazardous service. The Statement of Principles addresses both primary and secondary forms of the disease, with specific factors for each type that must be related to service for a reasonable hypothesis to be raised. For secondary mesangial IgA glomerulonephritis, the factors include suffering from cirrhosis of the liver or Schonlein-Henoch purpura at the time of clinical onset. For primary mesangial IgA glomerulonephritis, exposure to specific solvents over a certain period before clinical onset or worsening of the disease is considered. Additionally, the inability to obtain appropriate clinical management for the condition is also a relevant factor. The Statement of Principles is nationally applicable and is subject to amendments through subordinate instruments, such as the Amendment of Statement of Principles concerning Mesangial IgA Glomerulonephritis (Instrument No. 75 of 2002).

Key Provisions

This Statement of Principles, determined under section 196B(2) of the Veterans’ Entitlements Act 1986, pertains to mesangial IgA glomerulonephritis and death from this condition (section 2). The Repatriation Medical Authority considers that there is sufficient medical-scientific evidence linking mesangial IgA glomerulonephritis and death from this condition to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces (section 3). For a reasonable hypothesis to be raised that mesangial IgA glomerulonephritis or death from this condition is connected to the service of the person, at least one of the factors set out in section 5 must be related to the relevant service (section 4). The factors include, for secondary mesangial IgA glomerulonephritis, suffering from cirrhosis of the liver or Schonlein-Henoch purpura at the time of the clinical onset of the disease (section 5(a) and (b)); for primary mesangial IgA glomerulonephritis, exposure to certain solvents for at least twelve months before the clinical onset or worsening of the disease (section 5(c) and (d)); and inability to obtain appropriate clinical management for mesangial IgA glomerulonephritis (section 5(e)). The Statement of Principles imposes obligations on veterans, members of Peacekeeping Forces, or members of the Forces seeking to claim benefits related to mesangial IgA glomerulonephritis. They must provide evidence that the condition or death from this condition is connected to their relevant service, either by fulfilling one of the factors outlined in section 5 or by demonstrating that the service contributed materially to the condition or its aggravation. Additionally, if a relevant factor includes an injury or disease for which there is a Statement of Principles, the factors from that Statement must also be met. The obligations extend to providing medical evidence and documentation to support the claim, including records of exposure to relevant solvents and clinical evidence of the condition. There are no explicit offences, penalties, or consequences for breach outlined in the Statement of Principles itself. However, the Veterans’ Entitlements Act 1986 provides a framework for dealing with fraudulent claims or misrepresentations. Under the Act, individuals who knowingly make false statements or provide false evidence to obtain benefits may be subject to penalties, including fines and imprisonment. The severity of the penalty depends on the nature and extent of the misrepresentation, with maximum penalties specified in the Act for various offences. The Repatriation Medical Authority is responsible for assessing claims and may refer cases of suspected fraud to law enforcement agencies for further investigation and action.

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