Instrument No.36 of 2002
Revocation and Determination
of
Statement of Principles
concerning
PARKINSON’S DISEASE
ICD-10-AM CODE: G20
Veterans’ Entitlements Act 1986
1. The Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act):
(a) revokes Instrument No.68 of 1999; 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 Parkinson’s disease and death from Parkinson’s disease.
(b) For the purposes of this Statement of Principles “Parkinson’s disease” means an idiopathic degenerative disease of the basal ganglia, characterised by the presence of any two of the features of bradykinesia, muscular rigidity or a rest tremor of 4-5 Hz, but excludes secondary parkinsonism, and parkinsonism associated with other forms of extra pyramidal, basal ganglia or striatopallidal disease including multiple system atrophy, progressive supranuclear palsy, Huntington’s disease, Alzheimer’s disease, syphilis, dementia pugilistica, benign essential tremor or arteriosclerotic pseudoparkinsonism. Parkinson’s disease attracts ICD-10-AM code G20.
Basis for determining the factors
3. After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that the only factor that may be related to the cause of or material contribution to or aggravation of Parkinson’s disease or death from Parkinson’s 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 as a minimum exist in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating Parkinson’s disease or death from Parkinson’s disease is inability to obtain appropriate clinical management for Parkinson’s disease.
Other definitions
5. For the purposes of this Statement of Principles:
“death from Parkinson’s disease” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s Parkinson’s 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. 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) operational service; or
(b) peacekeeping service; or
(c) 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 120A of the Act applied.
Dated this Sixteenth day of April 2002
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
Overview
The Instrument No. 36 of 2002, which is a legislative instrument under the Veterans’ Entitlements Act 1986, was enacted to address the issue of Parkinson’s disease among veterans. This Act was introduced by the Repatriation Medical Authority, aiming to establish a clear Statement of Principles concerning Parkinson’s disease for the purposes of veterans' entitlements. The primary objective of this legislation is to provide a definitive framework that recognises Parkinson’s disease as a condition potentially related to service, thereby ensuring that affected veterans can access appropriate benefits and support. This legislative instrument revokes a previous statement and updates the criteria to better reflect the current understanding of the disease, focusing on the inability to obtain appropriate clinical management during service as a key factor.
Scope and Application
The Legislative Instrument No.36 of 2002, concerning the Repatriation Medical Authority’s determination of the Statement of Principles for Parkinson’s Disease under the Veterans’ Entitlements Act 1986, specifically addresses the eligibility criteria for veterans who may have developed Parkinson’s disease or died from it as a result of their service. This instrument revokes a previous instrument, No.68 of 1999, and sets out a new Statement of Principles that applies to veterans who served in operational, peacekeeping, or hazardous service. The instrument defines Parkinson’s disease narrowly, excluding secondary parkinsonism and other related conditions, and specifies that the disease must be idiopathic and degenerative, marked by certain clinical features. The primary factor that must be related to the service for a claim to be considered is the inability to obtain appropriate clinical management for Parkinson’s disease during the relevant service period. This instrument applies to all matters to which section 120A of the Veterans’ Entitlements Act 1986 applied, thereby governing the scope of the legislative framework for these entitlements.
Key Provisions
The primary operative sections of this legislation include the revocation of Instrument No.68 of 1999 (section 1(a)) and the establishment of a new Statement of Principles concerning Parkinson’s disease (section 1(b)). Section 2 clarifies the scope of the Statement of Principles, which pertains to Parkinson’s disease and death from Parkinson’s disease, defined as an idiopathic degenerative disease of the basal ganglia. The legislation also specifies the factors that must be related to the service for Parkinson’s disease to be considered related to relevant service, namely the inability to obtain appropriate clinical management (section 4). Additionally, section 5 provides definitions for terms such as "death from Parkinson’s disease," "ICD-10-AM code," "relevant service," and "terminal event," ensuring clarity and consistency in the application of the principles.
The Act imposes specific obligations and requirements on parties and entities governed by it. The Repatriation Medical Authority is mandated to examine sound medical-scientific evidence to determine the factors related to Parkinson’s disease and death from Parkinson’s disease (section 3). The Authority must ensure that its determinations are based on this evidence and reflect the current understanding of the disease’s relationship to service. Furthermore, the new Statement of Principles must be applied to all matters to which section 120A of the Veterans’ Entitlements Act 1986 applies (section 6).
The legislation does not explicitly outline specific offences or penalties for breach within the text provided. However, breaches of the Act or the Statement of Principles could potentially lead to civil or criminal consequences, depending on the context and the nature of the breach. The penalties for breaches may be determined under the general provisions of the Veterans’ Entitlements Act 1986 or related legislation, which could include fines, compensation, or other legal remedies. It is essential for parties governed by this legislation to adhere to the requirements and obligations set forth to avoid any potential legal repercussions.