Statement of Principles concerning Parkinson's disease and parkinsonism No. 66 of 2007

Administered by Department of Veterans' Affairs

Legislation au F2007L01191 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 66 of 2007

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority ('the Authority'), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 ('the VEA') revokes Instrument No. 37 of 2002 determined under subsection 196B(3) of the VEA concerning Parkinson's disease and death from Parkinson's disease, and Instrument No. 39 of 2002 determined under subsection 196B(3) of the VEA concerning secondary parkinsonism and death from secondary parkinsonism.

 

2.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that Parkinson's disease and parkinsonism and death from Parkinson's disease and parkinsonism can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(3) of the VEA a Statement of Principles, Instrument No. 66 of 2007 concerning Parkinson's disease and parkinsonism.  This Instrument will in effect replace the revoked Statements of Principles.

 

3.             The provisions of the Military Rehabilitation and Compensation Act 2004 ('the MRCA') relating to claims for compensation commenced on 1 July 2004.  Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.

 

4.             The Statement of Principles sets out the factors that must exist, and which of those factors must be related to the following kinds of service rendered by a person:

 eligible war service (other than operational service) under the VEA;

 defence service (other than hazardous service) under the VEA;

 peacetime service under the MRCA,

before it can be said that, on the balance of probabilities, Parkinson's disease and parkinsonism or death from Parkinson's disease and parkinsonism is connected with the circumstances of that service.

 

5.             This new instrument results from investigations notified by the Authority in the Government Notices Gazette of 2 March 2005 concerning Parkinson's disease and secondary parkinsonism in accordance with section 196G of the Act.  The investigations involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.

 

6.             The contents of the new Instrument are in similar terms as the revoked Instruments.  Comparing the new and the revoked Instruments, the differences include:

  • Combing the separate Instruments for Parkinson's disease and secondary parkinsonism into an Instrument entitled Parkinson's disease and parkinsonism;
  • adopting the latest revised Instrument format, which commenced in 2005;
  • deleting the ICD code from the Instrument header;
  • revising the definition of 'Parkinson's disease and parkinsonism' in clause 3;
  • rewording factors 6(a)(iv) & 6(e) concerning 'space occupying lesion';
  • rewording factors 6(a)(viii) & 6(i) concerning 'cerebral hypoxia';
  • rewording factors 6(a)(x) & 6(k) concerning 'viral encephalitis';
  • rewording factors 6(a)(xiii) & 6(n) concerning 'methanol and ethylene glycol';
  • rewording factors 6(a)(xvii) & 6(r) concerning 'carbon disulphide';
  • rewording factors 6(a)(xix) & 6(t) concerning 'a drug from the specified list';
  • new factors 6(a)(i) & 6(b) concerning 'cerebral trauma';
  • new factors 6(a)(ii) & 6(c) concerning 'direct penetrating injury';
  • new factors 6(a)(iii) & 6(d) concerning 'acute cholinergic poisoning';
  • new factors 6(a)(v) & 6(f) concerning 'hydrocephalus';
  • new factors 6(a)(vi) & 6(g) concerning 'cerebrovascular accident';
  • new factors 6(a)(vii) & 6(h) concerning 'dementia pugilistica';
  • new factors 6(a)(xi) & 6(l) concerning 'HIV infection';
  • new factors 6(a)(xii) & 6(m) concerning 'neurosyphilis';
  • new factors 6(a)(xv) & 6(p) concerning 'cyanide';
  • new factors 6(a)(xviii) & 6(s) concerning 'phenothiazine class of drugs';
  • new factors 6(a)(xx) & 6(u) concerning 'hypoparathyroidism';
  • new factors 6(a)(xxi) & 6(v) concerning 'multiple system atrophy';
  • new factors 6(a)(xxii) & 6(w) concerning 'primary tau pathology';
  • new factors 6(a)(xxiii) & 6(x) concerning 'dementia with Lewy bodies';
  • new factors 6(xxiv) & 6(y) concerning 'Alzheimer's disease';
  • new factors 6(a)(xxv) & 6(z) concerning 'a disease from the specified list';
  • revising the definition of 'relevant service' in clause 9;
  • new definitions of 'a disease from the specified list'; 'a disorder associated with primary tau pathology'; 'a drug from the specified list'; 'acute cholinergic poisoning'; 'acute cerebral hypoxia'; 'an organophosphorus ester'; 'cerebral trauma'; 'death from Parkinson's disease or parkinsonism'; 'dementia with Lewy bodies'; 'encephalitis lethargica'; 'hydrocephalus'; 'multiple system atrophy'; 'neurosyphilis' and 'viral encephalitis' in clause 9;
  • deleting definitions of 'a lesion affecting the brain stem'; 'being exposed to carbon disulphide as specified'; 'death from Parkinson's disease'; 'death from secondary parkinsonism'; hypoxic-ischaemic cerebral insult'; 'ICD-10-AM code' and 'undergoing treatment with a drug from the specified list' in clause 9; and
  • specifying a date of effect for the Instrument in clause 11.

 

7.             Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

 

8.             Prior to determining this instrument, the Authority advertised its intention to undertake investigations in relation to Parkinson's disease and secondary parkinsonism in the Government Notices Gazette of 2 March 2005, and circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants.  The Authority invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field. One submission was received for consideration by the Authority during the investigation.

 

9.             The determining of this new instrument finalises the investigations in relation to Parkinson's disease and secondary parkinsonism as advertised in the Government Notices Gazette of 2 March 2005.

 

10.         A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.

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