Instrument No.66 of 2001
Revocation and Determination
of
Statement of Principles
concerning
MOTOR NEURON DISEASE
ICD-10-AM CODE: G12.2
Veterans’ Entitlements Act 1986
1. The Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act):
(a) revokes Instrument No.246 of 1995; 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 motor neuron disease and death from motor neuron disease.
(b) For the purposes of this Statement of Principles, “motor neuron disease” is a progressive neurodegenerative disease with clinical signs of lower and upper motor neuron damage in the absence of electrophysiological and neuroimaging evidence of other disease processes that explain the clinical signs, attracting ICD-10-AM code G12.2, but excluding familial motor neuron disease.
Basis for determining the factors
3. After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that it is more probable than not on the sound medical-scientific evidence available, that the only factor that can be related to the cause of or material contribution to or aggravation of motor neuron disease or death from motor neuron disease and which can be related to relevant service is that set out in clause 4.
Factors that must be related to service
4. The factor that must exist before it can be said that, on the balance of probabilities, in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating motor neuron disease or death from motor neuron disease is inability to obtain appropriate clinical management for motor neuron disease.
Inclusion of Statements of Principles
5. 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
6. For the purposes of this Statement of Principles:
“death from motor neuron disease” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s motor neuron 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;
“relevant service” means:
(a) eligible war service (other than operational service); or
(b) defence service (other than 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
7. This Instrument applies to all matters to which section 120B of the Act applies.
Dated this Twelfth day of September 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, enacted by the Australian Parliament, addresses the entitlements of veterans and their families by providing for medical, pension, and rehabilitation benefits. One of the critical gaps it aimed to address was the need for clear and consistent guidelines regarding the service-related conditions for which veterans could be compensated. In response to this need, the Act allows for the establishment of Statements of Principles, which outline the specific circumstances and factors that must be met for a condition to be considered service-related. The Revocation and Determination of Statement of Principles concerning Motor Neuron Disease ICD-10-AM Code: G12.2, Instrument No.66 of 2001, issued by the Repatriation Medical Authority under the Act, serves to replace previous guidelines with updated medical-scientific evidence. The primary policy objective of this legislative instrument is to ensure that the veterans' compensation process is informed by the most current and reliable medical evidence, thereby providing fair and just outcomes for those affected by motor neuron disease.
Scope and Application
The legislative instrument, Instrument No.66 of 2001, pertains to the determination of a Statement of Principles concerning motor neuron disease, including death from the disease, under the Veterans’ Entitlements Act 1986. This instrument specifically applies to individuals who have served in eligible war service or defence service, excluding hazardous service, and who are seeking benefits or entitlements related to motor neuron disease. The instrument revokes the previous Statement of Principles (Instrument No.246 of 1995) and replaces it with new criteria, focusing on the inability to obtain appropriate clinical management for motor neuron disease as a factor related to relevant service. The instrument applies to all matters governed by section 120B of the Act, thereby establishing the parameters for claims and entitlements related to motor neuron disease under the legislative framework. Additionally, the instrument integrates other relevant Statements of Principles when applicable, ensuring comprehensive coverage of related injuries or diseases.
Key Provisions
The primary operative sections of this legislative instrument include the revocation of Instrument No. 246 of 1995 (section 1) and the determination of a new Statement of Principles concerning motor neuron disease (section 2). The instrument specifies the clinical definition of motor neuron disease, including its classification under the ICD-10-AM code G12.2, and clarifies that familial motor neuron disease is excluded from this definition (section 2). It also establishes the basis for determining the factors related to motor neuron disease and service, stating that the only factor that can be related to the cause of or material contribution to the disease is the inability to obtain appropriate clinical management for it (section 4). This Statement of Principles applies to all matters to which section 120B of the Veterans’ Entitlements Act 1986 applies (section 7).
The Act imposes specific obligations on parties by defining the circumstances under which motor neuron disease can be considered related to relevant service. For a veteran to claim that their motor neuron disease was caused or materially contributed to by their service, they must demonstrate that they were unable to obtain appropriate clinical management for the disease during their service (section 4). Furthermore, if the motor neuron disease includes an injury or disease for which there is an existing Statement of Principles, the provisions of that Statement must be applied (section 5). Relevant service is defined to include eligible war service (other than operational service) and defence service (other than hazardous service) (section 6).
Breaches of the provisions outlined in this legislative instrument may not directly result in criminal or civil penalties as stated in the text. However, the incorrect application of these principles could potentially lead to disputes or denials in the adjudication of veterans' claims. In such cases, the Repatriation Medical Authority would be responsible for ensuring that the correct application of the principles is upheld, and any improper denial of benefits might be subject to review or appeal processes within the framework of the Veterans’ Entitlements Act 1986. The legislative instrument does not specify maximum penalties for breaches but implies that adherence to its provisions is crucial for the proper administration of veterans’ entitlements.