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.

Overview

The Repatriation Medical Authority Instrument No. 66 of 2007 was enacted to address the need for updated and consolidated medical guidelines concerning Parkinson's disease and parkinsonism in the context of service-related claims. This instrument was introduced by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The objective was to ensure that the medical criteria for determining the relationship between Parkinson's disease, parkinsonism, and specific kinds of military service were based on the latest medical-scientific evidence. This new instrument replaced the previously revoked Instruments No. 37 and 39 of 2002, aiming to provide clearer and more comprehensive guidelines for assessing claims related to Parkinson's disease and parkinsonism, thereby facilitating the administration of benefits and compensation to eligible veterans and service personnel.

Scope and Application

The Repatriation Medical Authority Instrument No. 66 of 2007, concerning Parkinson's disease and parkinsonism, applies to veterans and service personnel who are eligible under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument replaces the previous Instruments No. 37 and 39 of 2002, revoking them and providing a new Statement of Principles for determining claims related to Parkinson's disease and parkinsonism. The instrument applies to eligible war service, defence service, and peacetime service, specifying the factors that must exist for a connection between service and the disease to be established on the balance of probabilities. This instrument's scope extends to the latest medical-scientific evidence and incorporates revisions to the definitions and factors previously considered. It applies nationally, covering claims for service injuries sustained or diseases contracted on or after 1 July 2004. There are no specific exclusions noted in the text, though the application of the instrument is contingent upon the existence of the specified factors relating to service. The instrument's provisions may be further extended or modified through subordinate legislation, as permitted under the VEA and MRCA.

Key Provisions

The Repatriation Medical Authority (the Authority) has revoked Instrument No. 37 of 2002 and Instrument No. 39 of 2002, which were previously determined under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the VEA) concerning Parkinson's disease, secondary parkinsonism, and death from these conditions (s.2). These revocations are pursuant to subsection 196B(8) of the VEA. The Authority has determined a new Statement of Principles, Instrument No. 66 of 2007, concerning Parkinson's disease and parkinsonism, which replaces the revoked instruments (s.3). This new instrument sets out the conditions under which it can be said that Parkinson's disease, parkinsonism, or death from these conditions is connected with particular kinds of service, such as eligible war service, defence service, or peacetime service (s.4). Claims for compensation under the Military Rehabilitation and Compensation Act 2004 (the MRCA) for injuries sustained on or after 1 July 2004 are determined by reference to these Statements of Principles issued by the Authority (s.3). The new Statement of Principles outlines the factors that must exist to connect Parkinson's disease, parkinsonism, or death from these conditions to the relevant service, including the types of service and the specific factors that need to be considered (s.4). This instrument reflects the latest medical-scientific evidence and adopts a revised format that commenced in 2005 (s.6). It includes new definitions and factors, such as 'cerebral trauma', 'direct penetrating injury', 'acute cholinergic poisoning', and 'multiple system atrophy', among others (s.6). The instrument also specifies a date of effect for the new provisions (s.11). The Authority is required to advertise its intention to undertake investigations into these conditions in the Government Notices Gazette and invite submissions from relevant organisations and individuals (s.8). This process ensures that the Authority considers a wide range of expertise and perspectives before determining the new Statement of Principles. The new instrument finalises the investigations that were advertised on 2 March 2005 (s.9). A list of references relating to the conditions covered by the instrument is available on written request from the Repatriation Medical Authority Secretariat (s.10). The obligations imposed by this legislation include the requirement for the Authority to determine Statements of Principles concerning the connection between service and specific medical conditions. The Authority must consider the latest medical-scientific evidence and consult with relevant stakeholders, including veterans' organisations and experts in the field (s.8). The new instrument provides a comprehensive framework for assessing claims related to Parkinson's disease, parkinsonism, and death from these conditions in the context of service. The legislation also sets out the consequences for non-compliance or breaches. However, specific offences, penalties, or civil/criminal consequences are not detailed in the provided text. Generally, breaches of provisions under the VEA and MRCA may result in civil penalties or other legal consequences as outlined in the respective Acts. The Authority has the authority to enforce these provisions and may take appropriate action against parties that fail to comply with the requirements of the new Statement of Principles.

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