Statement of Principles concerning obstructive nephropathy No. 88 of 1996

Administered by Department of Veterans' Affairs

Legislation au F2008B00006 Not in force Legislative Instrument

Legislation content

Instrument No.88 of 1996

 

Determination

of

Statement of Principles

concerning

OBSTRUCTIVE NEPHROPATHY

ICD CODES: 591, 593.5, 593.89, 599.6

 

Veterans’ Entitlements Act 1986

 

 

1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act).

 

Kind of injury, disease or death

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

 

 (b) For the purposes of this Statement of Principles, “obstructive nephropathy” means a disorder characterised by functional and pathological changes in the kidney resulting from complete or partial obstruction of the urinary tract, and which includes the conditions of hydronephrosis or hydroureter, attracting ICD code 591, 593.5, 593.89 or 599.6.

 

Basis for determining the factors

3. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that obstructive nephropathy can be related to relevant service rendered by veterans or members of the Forces.

 

Factors that must be related to service

4. Subject to clause 6, the factors set out in at least one of the paragraphs in clause 5 must be related to any relevant service rendered by the person.

 

Factors

5. The factors that must exist before it can be said that, on the balance of probabilities, obstructive nephropathy or death from obstructive nephropathy is connected with the circumstances of a person’s relevant service are:

 

(a) suffering complete obstruction of the renal pelvicalyceal system or ureter on the affected side, for a continuous period of at least 7 days before the clinical onset of obstructive nephropathy; or

 

(b) suffering partial obstruction of the renal pelvicalyceal system or ureter on the affected side, for a continuous period of at least 30 days before the clinical onset of obstructive nephropathy; or

 

(c) suffering obstruction of the bladder outlet for a continuous period of at least 30 days before the clinical onset of obstructive nephropathy; or

 

(d) suffering obstruction of the urethra for a continuous period of at least 30 days before the clinical onset of obstructive nephropathy; or

 

(e) suffering complete obstruction of the renal pelvicalyceal system or ureter on the affected side, for a continuous period of at least 7 days before the clinical worsening of obstructive nephropathy; or

 

(f) suffering partial obstruction of the renal pelvicalyceal system or ureter on the affected side, for a continuous period of at least 30 days before the clinical worsening of obstructive nephropathy; or

 

(g) suffering obstruction of the bladder outlet for a continuous period of at least 30 days before the clinical worsening of obstructive nephropathy; or

 

(h) suffering obstruction of the urethra for a continuous period of at least 30 days before the clinical worsening of obstructive nephropathy; or

 

(j) inability to obtain appropriate clinical management for obstructive nephropathy.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(e) to 5(j) apply only to material contribution to, or aggravation of, obstructive nephropathy where the person’s obstructive nephropathy was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act refers.

 

Other definitions

7. For the purposes of this Statement of Principles:

 

“ICD code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1995, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 22235 5;

 

“obstruction of the bladder outlet” means a blockage to the flow of urine resulting from pathology such as:

 

(i) bladder calculi, ICD code 594.1; or

(ii) bladder tumours, ICD code 188, 198.1, 223.3, 236.7 or 239.4; or

(iii) neurogenic bladder, ICD code 344.61 or 596.5; or

(iv) pelvic masses; or

(v) bladder pathology resulting from cyclophosphamide therapy, ICD code 595.89; or

(vi) bladder neck obstruction, ICD code 596.0; or

(vii) pelvic or abdominal trauma (including surgery); or

(viii) vesicoureteral reflux, ICD code 593.7;

 

“obstruction of the urethra” means a blockage to the flow of urine resulting from pathology such as:

 

(i) urethral calculi, ICD code 594.2, 594.8 or 594.9; or

(ii) tumours, ICD code 189.3, 198.1, 223.81 or 236.99; or

(iii) benign prostatomegaly, ICD code 222.2 or 600; or

(iv) prostatic carcinoma, ICD code 185, 198.82 or 236.5; or

(v) urethral stricture, ICD code 593.4 or 598; or

(vi) pelvic or abdominal trauma (including surgery);

 

“obstruction of the renal pelvicalyceal system or ureter” means a blockage to the flow of urine at the level of the upper urinary tract, resulting from pathology such as:

 

(i) calculi, ICD code 592.0, 592.1; or

 

 

 

 

(i) calculi, ICD code 592.0, 592.1; or

(ii) blood clots, ICD code 593.4; or

(iii) sloughed renal papillae, ICD code 593.4; or

(iv) tumours of the renal pelvis, ureter or bladder, ICD code 188, 189.1, 189.2, 198.1, 223.1, 223.2 or 223.3; or

(v) stricture of the ureter, ICD code 593.3; or

(vi) genitourinary tuberculosis, ICD code 016.1 or 016.2; or

(vii) interstitial cystitis, ICD code 595.1; or

(viii) chronic inflammatory bowel disease, ICD code 555 or 556; or

(ix) retroperitoneal fibrosis, ICD code 593.4; or

(x) abdominal and pelvic masses (eg. uterine leiomyoma, benign neoplasm of ovary, malignant neoplasm of ovary, malignant neoplasm of uterus, malignant neoplasm of colon); or

(xi) surgical ligation of the ureter; or

(xii) aortoiliac surgery; or

(xiii) pelvic or abdominal trauma; or

(xiv) pelvic endometriosis, ICD code 617.3; or

(xv) urinary schistosomiasis, ICD code 120.0; or

(xvi) retroperitoneal haematoma, ICD code 568.81;

 

“relevant service” means:

 

(a) eligible war service (other than operational service); or

(b) defence service (other than hazardous service).

 

 

 

 

Dated this Eighteenth day of  June  1996

 

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of    )

 

KEN DONALD

CHAIRMAN

 

 

Overview

The Statement of Principles concerning Obstructive Nephropathy ICD Codes: 591, 593.5, 593.89, 599.6 was enacted in 1996 by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986. This legislative instrument addresses the problem of obstructive nephropathy in veterans, aiming to establish a clear connection between this condition and the service rendered by veterans or members of the Australian Defence Forces. Obstructive nephropathy is a disorder resulting from the obstruction of the urinary tract, leading to functional and pathological changes in the kidney. The Statement of Principles outlines specific factors that must be related to service in order to establish a probable link between the condition and the service, thereby ensuring that affected veterans may be eligible for appropriate benefits and compensation. The policy objective of this legislation is to provide a comprehensive framework for recognising and addressing the health impacts of obstructive nephropathy in veterans, ensuring that they receive the necessary support and care for conditions that may be related to their service. By identifying specific factors and conditions that must be linked to service, the Statement of Principles aims to facilitate the assessment and compensation process for affected veterans, reflecting the commitment to honouring their service through appropriate healthcare and support.

Scope and Application

This Statement of Principles, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, addresses obstructive nephropathy and death from obstructive nephropathy, specifically defining obstructive nephropathy as a disorder characterised by functional and pathological changes in the kidney due to complete or partial obstruction of the urinary tract, including conditions such as hydronephrosis or hydroureter. The Act applies to veterans or members of the Australian Defence Forces who have rendered relevant service, which includes eligible war service and defence service excluding hazardous service. The Statement of Principles outlines the medical-scientific evidence supporting the likelihood of obstructive nephropathy being related to service, detailing specific factors that must be connected to the service, such as various types and durations of urinary obstruction. The application of these factors is subject to conditions that specify when certain factors apply only to material contribution or aggravation of the condition. The geographic and jurisdictional reach of the Act is national, as it pertains to veterans and members of the Australian Defence Forces, and is administered by the Repatriation Medical Authority, an entity under the Commonwealth. Exclusions and thresholds are implicitly defined by the criteria for establishing service-related obstructive nephropathy, with certain conditions such as complete or partial obstruction of specific parts of the urinary tract for a continuous period before the onset or worsening of the condition. The application of the Act is extended through subordinate instruments as necessary, ensuring that the principles are applied consistently and fairly across relevant cases.

Key Provisions

The Statement of Principles (paragraph 1) concerning obstructive nephropathy and death from obstructive nephropathy is determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans' Entitlements Act 1986. This document outlines the specific conditions and circumstances under which obstructive nephropathy can be considered related to relevant service rendered by veterans or members of the Forces. The term "obstructive nephropathy" is defined as a disorder marked by functional and pathological changes in the kidney due to complete or partial obstruction of the urinary tract, encompassing conditions such as hydronephrosis or hydroureter, as identified by specific ICD codes (paragraph 2). The Repatriation Medical Authority bases its determination on the available medical-scientific evidence, asserting that it is more probable than not that obstructive nephropathy can be related to relevant service (paragraph 3). For a connection to be established, the factors listed in paragraph 5 must be related to the service in question (paragraph 4). These factors include complete or partial obstruction of the renal pelvicalyceal system or ureter, obstruction of the bladder outlet or urethra, or inability to obtain appropriate clinical management for obstructive nephropathy, each for specific durations before the clinical onset or worsening of the condition (paragraph 5). The obligations imposed by the Act require that the veteran or member of the Forces must demonstrate that one or more of the specified factors occurred prior to the onset or worsening of obstructive nephropathy and that these factors were related to their relevant service (paragraphs 4 and 5). The document also specifies that paragraphs 5(e) to 5(j) apply only in cases of material contribution to, or aggravation of, obstructive nephropathy where the condition was present before or during service but not arising out of the service (paragraph 6). Breach of the provisions or failure to comply with the requirements of this Statement of Principles may result in denial of benefits or entitlements under the Veterans' Entitlements Act 1986. The Act does not explicitly outline specific criminal or civil penalties for non-compliance with this Statement of Principles, but non-compliance may affect the eligibility for veterans' benefits and entitlements. The severity of consequences would depend on the specific circumstances and the findings of the Repatriation Medical Authority.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Rights & Protections

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.