Statement of Principles concerning migraine No. 74 of 1999

Administered by Department of Veterans' Affairs

Legislation au F2008B00678 Not in force Legislative Instrument

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Instrument No.74 of 1999

 

Revocation and Determination

of

Statement of Principles

concerning

MIGRAINE

ICD-10-AM code: G43

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.3 of 1996; and

 

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

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about migraine and death from migraine.

 

(b) For the purposes of this Statement of Principles, “migraine” means a neurovascular condition in which there are periodic attacks, lasting 4 to 72 hours, of a symptom complex typically consisting of headache that is pulsatile and aggravated by physical activity, accompanied by nausea, photophobia and phonophobia, and which symptom complex may be preceded by a prodrome of neurological symptoms comprising visual disturbances, sensory disturbances, motor weakness or aphasia, attracting ICD-10-AM code G43.  This definition excludes cluster headache, tension-type headache and headache attributable to intracranial structural anomalies or systemic disease.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that migraine and death from migraine 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, the factor set out in clause 5 must be related to any relevant service rendered by the person.

 

Factors

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

 

(a) inability to obtain appropriate clinical management for migraine.

 

Factors that apply only to material contribution or aggravation

6. Paragraph 5(a) applies only to material contribution to, or aggravation of, migraine where the person’s migraine 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:

 

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

 

“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), effective date of 1 July 1998, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86451 340 3;

 

“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 applies.

 

Dated this Twenty-eighth day of    October 1999

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of:    )

KEN DONALD

CHAIRMAN

Overview

The Revocation and Determination of Statement of Principles concerning Migraine ICD-10-AM code: G43 was enacted in 1999 as an instrument of the Veterans’ Entitlements Act 1986, addressing the gap in the recognition of migraine as a condition potentially related to the service of veterans, members of Peacekeeping Forces, and members of the Defence Force. This legislative instrument was introduced by the Repatriation Medical Authority under subsection 196B(2) of the Act to ensure that veterans suffering from migraines and related fatalities receive appropriate recognition and entitlements. The policy objective is to provide a framework for determining the connection between migraines or death from migraines and relevant military service, facilitating access to medical and other benefits for affected individuals.

Scope and Application

The Legislative Instrument No.74 of 1999, which pertains to the Revocation and Determination of Statement of Principles concerning migraine under the Veterans' Entitlements Act 1986, specifically addresses matters concerning migraine and death from migraine as they relate to veterans, members of peacekeeping forces, and members of the defence forces. This instrument revokes the previous Instrument No.3 of 1996 and establishes new criteria for determining the connection between migraine and the circumstances of a person's relevant service. The definition of "migraine" for the purposes of this instrument excludes cluster headache, tension-type headache, and headaches attributable to intracranial structural anomalies or systemic disease. The instrument applies to all matters to which section 120A of the Act applies, meaning it has a broad reach across relevant cases and individuals under the purview of the Veterans' Entitlements Act 1986.

Key Provisions

The legislative instrument under consideration revokes a previous statement of principles regarding migraine and determines a new statement, as per sections 1 and 2 of the document. This Statement of Principles specifically addresses migraines and death from migraines, clarifying that "migraine" refers to a neurovascular condition with distinct symptoms and a particular ICD-10-AM code, excluding other types of headaches (section 2). The Repatriation Medical Authority believes there is sufficient medical-scientific evidence linking migraines and death from migraines to relevant service rendered by veterans, Peacekeeping Forces, or members of the Forces (section 3). The key factor that must be related to the person's relevant service is an inability to obtain appropriate clinical management for the migraine (section 5). The obligations imposed by this legislation include ensuring that any claim for connection between migraines or death from migraines and relevant service must demonstrate the specified factor (section 5). Additionally, if a relevant factor includes an injury or disease with an existing Statement of Principles, the factors from that Statement must also apply (section 7). The legislation also incorporates definitions for terms such as "death from migraine," "ICD-10-AM code," "relevant service," and "terminal event," which are crucial for interpreting the provisions (section 8). Furthermore, the application of this instrument is governed by section 120A of the Veterans’ Entitlements Act 1986 (section 9). Regarding consequences for breach, the legislative instrument itself does not specify any offences, penalties, or civil/criminal consequences. However, under the broader Veterans’ Entitlements Act 1986, breaches of the Act or its related instruments could lead to various legal repercussions, including fines and imprisonment, depending on the nature and severity of the breach. The exact penalties would be determined in accordance with the provisions of the Act and any applicable regulations or subsidiary legislation.

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