Statement of Principles concerning pilonidal sinus No. 177 of 1995

Overview

The Statement of Principles concerning Pilonidal Sinus, enacted under section 196B(3) of the Veterans’ Entitlements Act 1986, was introduced to address the issue of determining the connection between pilonidal sinus or death from pilonidal sinus and the circumstances of service rendered by veterans and members of the Forces. This legislation was created by the Repatriation Medical Authority to provide a framework for assessing such claims, ensuring that veterans who suffer from pilonidal sinus conditions related to their service can receive appropriate entitlements and support. The policy objective behind this statement is to facilitate the evaluation of claims by establishing specific factors that must exist before it can be said that a pilonidal sinus or death from pilonidal sinus is connected with the circumstances of service. This legislative instrument aims to clarify the relationship between pilonidal sinus conditions and particular service activities, thereby enabling the Repatriation Medical Authority to make informed decisions on the eligibility of veterans for benefits and compensation. The principles outlined in this statement ensure a consistent and evidence-based approach to assessing claims related to pilonidal sinus, thereby supporting the welfare and rights of affected veterans.

Scope and Application

The Statement of Principles concerning Pilonidal Sinus (Instrument No. 177 of 1995) made under the Veterans’ Entitlements Act 1986 applies to veterans and members of the Defence Forces who have developed pilonidal sinus or who have died from pilonidal sinus, provided that certain specified factors related to their service exist. The factors include employment as a hairdresser, occupational requirement to milk cows or shear sheep, or regular driving of vehicles with two or more wheels within three months before the onset or clinical worsening of the condition, or inability to obtain appropriate clinical management. The Statement of Principles outlines the circumstances under which these factors must be related to the service to establish a connection with the pilonidal sinus. This legislation operates on a Commonwealth level and is applicable across Australia, offering veterans and Defence Force members a pathway to claim entitlements if they meet the specified criteria. Subordinate instruments may further extend or amend the application of these principles.

Key Provisions

The Statement of Principles concerning Pilonidal Sinus under the Veterans’ Entitlements Act 1986 (the Act) establishes that pilonidal sinus and death from pilonidal sinus can be related to eligible war service or defence service, provided certain conditions are met. Specifically, the Repatriation Medical Authority (RMA) has determined that the connection between the service and the condition can be established if at least one of the specified factors (1(a) to 1(e)) is related to the service. These factors include being employed as a hairdresser, occupationally required to milk cows or shear sheep, or required to regularly drive a vehicle within three months before the clinical onset or worsening of pilonidal sinus, or being unable to obtain appropriate clinical management. The obligations imposed by this legislation primarily fall on the veterans or members of the forces seeking to establish a connection between their service and pilonidal sinus. They must provide evidence that at least one of the specified factors existed before the onset or worsening of the condition. Additionally, if the factors relate to driving or lack of appropriate clinical management, the condition must have developed before the relevant period of service, and the relationship must be as outlined in specific sections of the Act. In terms of consequences, there are no direct offences or penalties outlined in the Statement of Principles concerning the imposition of civil or criminal penalties for breach of the principles. However, the implications of failing to meet the requirements for establishing a connection between service and the condition could affect eligibility for veterans' entitlements. The primary consequence is the potential denial of benefits or compensation that would otherwise be available under the Act if the necessary criteria are not met. The maximum penalties or civil consequences for non-compliance are not explicitly stated in the Statement of Principles itself but would typically be found in the broader framework of the Veterans’ Entitlements Act 1986. For instance, providing false information in claims for veterans' benefits could lead to penalties under the general provisions of the Act, which might include fines or other civil penalties. Criminal consequences would generally relate to fraudulent activities or misrepresentation, which are covered under other sections of the Act and the criminal law.