Instrument No.37 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(3) of the Veterans’ Entitlements Act 1986 (the Act):
(a) revokes Instrument No.69 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 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 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 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 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) 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 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 Veterans’ Entitlements Act 1986, enacted by the Commonwealth Parliament, provides various benefits and services to veterans and their families. In addressing a gap concerning the recognition of Parkinson’s disease as a condition potentially linked to military service, the Act was amended to include provisions for Parkinson’s disease under specific circumstances. This legislative instrument, specifically Instrument No.37 of 2002, was enacted by the Repatriation Medical Authority to revoke previous statements and establish new criteria for the recognition of Parkinson’s disease as a condition related to service. The policy objective is to ensure that veterans who are unable to obtain appropriate clinical management for Parkinson’s disease due to their service circumstances are eligible for related benefits and compensation.
Scope and Application
The Legislative Instrument No. 37 of 2002, concerning Parkinson’s disease, applies to matters governed by section 120B of the Veterans’ Entitlements Act 1986. This Act pertains to veterans and their dependents who are seeking compensation or other benefits related to service-connected disabilities or deaths. Specifically, this Statement of Principles outlines the criteria under which Parkinson’s disease, classified under ICD-10-AM code G20, can be considered related to relevant service, which includes eligible war service or defence service, excluding operational or hazardous service. The document defines Parkinson’s disease as a degenerative disease characterised by certain clinical features, excluding secondary parkinsonism and other related conditions. The Repatriation Medical Authority’s determination that inability to obtain appropriate clinical management for Parkinson’s disease is a factor related to service is central to the assessment of claims under this instrument. The application of these principles is national in scope and is subject to the sound medical-scientific evidence available, with no specific exclusions or thresholds mentioned in the text.
Key Provisions
The key provisions of the legislative instrument focus on the revocation and determination of a Statement of Principles concerning Parkinson's disease under the Veterans’ Entitlements Act 1986 (the Act). Section 1 revokes Instrument No.69 of 1999 and establishes the new Statement of Principles regarding Parkinson's disease and death from Parkinson's disease. This Statement of Principles defines Parkinson’s disease and clarifies its exclusions, such as secondary parkinsonism and parkinsonism associated with other specific diseases (section 2). It specifies the basis for determining the factors that can be related to the cause of Parkinson’s disease, asserting that the only factor that can be related to the cause or material contribution to Parkinson’s disease is the inability to obtain appropriate clinical management for the disease (sections 3 and 4).
The Act imposes specific obligations on the parties involved. It requires the Repatriation Medical Authority to examine the available sound medical-scientific evidence and determine the factors that can be related to the cause of Parkinson’s disease in the context of relevant service (section 3). It also mandates that the relevant service must include either eligible war service or defence service, excluding operational and hazardous service, respectively (section 5). Furthermore, the Act delineates the application of these provisions to all matters covered under section 120B of the Act (section 6).
There are no explicit offences, penalties, or civil/criminal consequences outlined in the text for breach of the provisions in this legislative instrument. The primary focus appears to be on the determination and definition of the factors related to Parkinson's disease in the context of service for veterans’ entitlements purposes. The instrument serves to clarify the criteria and conditions under which Parkinson's disease can be considered related to service for the purposes of entitlements, without detailing punitive measures for non-compliance.