Instrument No. 45 of 2002
Revocation and Determination
of
Statement of Principles
concerning
MULTIPLE SCLEROSIS
ICD-10-AM CODE: G35
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.171 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 multiple sclerosis and death from multiple sclerosis.
(b) For the purposes of this Statement of Principles “multiple sclerosis” means a relapsing-remitting or progressive neurological disorder in which there is disseminated demyelination, perivascular inflammation and scarring which involves the white matter of the central nervous system. Multiple sclerosis attracts ICD-10-AM code G35.
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 multiple sclerosis or death from multiple sclerosis 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 multiple sclerosis or death from multiple sclerosis is inability to obtain appropriate clinical management for multiple sclerosis.
Other definitions
5. For the purposes of this Statement of Principles:
“death from multiple sclerosis” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s multiple sclerosis;
“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. Where in this Statement of Principles an ICD code is referenced, such reference is not to constrain or limit the proper meaning of the definition or words preceding the alphanumeric code reference;
“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
6. This Instrument applies to all matters to which section 120B of the Act applies.
Dated this Fourth day of June 2002
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 Multiple Sclerosis ICD-10-AM Code: G35 under the Veterans’ Entitlements Act 1986 was enacted to address the legislative gap in recognising and compensating veterans affected by multiple sclerosis. This legislative instrument, numbered 45 of 2002, was issued by the Repatriation Medical Authority, acting under the authority of the Veterans’ Entitlements Act 1986. The primary objective of this instrument is to revise and replace previous legislation concerning multiple sclerosis, ensuring that veterans who suffer from this condition, or die from it, are appropriately acknowledged and compensated for their service-related disabilities. The Authority's determination is based on the sound medical-scientific evidence available, aiming to establish a clear causal link between veterans' service and their multiple sclerosis, particularly when they were unable to obtain appropriate clinical management for the condition during their service.
Scope and Application
The Repatriation Medical Authority, under the authority granted by the Veterans’ Entitlements Act 1986, has revoked the previous Statement of Principles concerning multiple sclerosis (Instrument No. 171 of 1995) and established a new Statement of Principles concerning multiple sclerosis and death from multiple sclerosis. This new Statement of Principles applies to all matters to which section 120B of the Act applies, meaning it is applicable to veterans or their next of kin who are seeking entitlements related to multiple sclerosis under the Veterans’ Entitlements Act 1986. The instrument aims to provide clarity and updated medical-scientific evidence regarding the conditions under which multiple sclerosis or death from multiple sclerosis can be related to relevant service, particularly focusing on the inability to obtain appropriate clinical management for multiple sclerosis as a material factor. This legislative instrument ensures that veterans’ claims are assessed based on the most current medical understanding and evidence available.
The instrument specifies that multiple sclerosis is defined as a relapsing-remitting or progressive neurological disorder with specific pathological features, and it is assigned the ICD-10-AM code G35. The new Statement of Principles is designed to provide a clear framework for determining the service-related factors that can cause, materially contribute to, or aggravate multiple sclerosis or death from multiple sclerosis, specifically focusing on the inability to obtain appropriate clinical management as the key factor. The instrument also includes definitions for terms such as "relevant service," "death from multiple sclerosis," and "terminal event" to ensure consistency and clarity in the application of the legislation. This legislative instrument aims to streamline and update the criteria for assessing veterans' claims related to multiple sclerosis, ensuring they are based on the latest medical evidence.
Key Provisions
The operative sections of this legislative instrument primarily focus on revoking an existing statement of principles concerning multiple sclerosis (Instrument No. 171 of 1995) and establishing a new Statement of Principles in its place (section 1). This Statement of Principles concerns multiple sclerosis, a specific neurological disorder, and death from multiple sclerosis (section 2). The Repatriation Medical Authority bases its determination on available medical-scientific evidence, concluding that the primary factor related to multiple sclerosis or death from multiple sclerosis due to relevant service is the inability to obtain appropriate clinical management for multiple sclerosis (section 4). The instrument also provides definitions for terms such as "death from multiple sclerosis," "ICD-10-AM code," "relevant service," and "terminal event" (section 5). The instrument applies to all matters covered by section 120B of the Veterans' Entitlements Act 1986 (section 6).
The obligations and requirements imposed by this Act on the parties it governs are centred around the recognition and assessment of multiple sclerosis and related deaths in veterans. The Repatriation Medical Authority must consider the evidence and establish a clear link between the veteran's relevant service and their condition or death, specifically focusing on the inability to obtain appropriate clinical management for multiple sclerosis. The instrument also mandates that the authority must adhere to the definitions provided, such as "relevant service" and "terminal event," when assessing cases. The authority must apply these provisions to all relevant matters as outlined in section 120B of the Act.
In terms of consequences for breach, the instrument itself does not explicitly state offences, penalties, or consequences for non-compliance. However, it is essential to note that failure to comply with the provisions of the Veterans' Entitlements Act 1986 and the Repatriation Medical Authority's determinations could potentially lead to legal repercussions. These could include civil or criminal liability, depending on the nature and severity of the breach. The maximum penalties for such breaches would be determined by the relevant provisions of the Veterans' Entitlements Act 1986 and any other applicable legislation. It is crucial for the Repatriation Medical Authority and the parties it governs to adhere to the provisions of this instrument to avoid potential legal consequences.