Statement of Principles concerning pleural plaque No. 51 of 2003

Overview

The Determination of Statement of Principles concerning Pleural Plaque, issued in 2003 under the Veterans' Entitlements Act 1986, addresses the need to clarify the relationship between pleural plaque and service rendered by veterans, members of Peacekeeping Forces, and members of the Armed Forces. The Repatriation Medical Authority established this statement to formalise the link between specific medical conditions and military service, providing a framework for the assessment and compensation of veterans suffering from pleural plaque and related conditions. The policy objective is to ensure that veterans receive appropriate recognition and support for health issues arising from their service, particularly those linked to exposure to asbestos. This legislative instrument aims to facilitate the process of claiming entitlements by setting out clear criteria for establishing the connection between pleural plaque and service factors, thereby aiding in the administration of veterans' benefits.

Scope and Application

This Statement of Principles, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, pertains specifically to pleural plaque and death from pleural plaque, defining pleural plaque as a sharply circumscribed patch of thickening of the pleura. It applies to veterans, members of Peacekeeping Forces, and members of the Forces who have been exposed to respirable asbestos fibres during their service, which must have occurred at least 10 years before the clinical onset of pleural plaque. The exposure can occur either in an enclosed space or in an open environment, with specific conditions relating to the application, removal, dislodgement, cutting, or drilling of material containing asbestos fibres. Additionally, the Statement applies to cases where appropriate clinical management for pleural plaque was not available, contributing to its material aggravation. This Statement of Principles encompasses various types of service including operational, peacekeeping, and hazardous service, and it includes deaths contributed to by pleural plaque. The Act may extend its application through subordinate instruments, ensuring comprehensive coverage of related medical conditions and exposures.

Key Provisions

The primary sections of the Statement of Principles regarding pleural plaque under the Veterans’ Entitlements Act 1986 (the Act) are found in clauses 2 through 8. Clause 2(a) specifies that the Statement of Principles addresses pleural plaque and death from pleural plaque, while clause 2(b) defines pleural plaque as a sharply circumscribed patch of thickening of the pleura, potentially with calcification, with ICD-10-AM code J92.0. The basis for determining these factors is established in clause 3, where the Repatriation Medical Authority has determined that there is sufficient medical-scientific evidence linking pleural plaque and death from pleural plaque to relevant service by veterans, Peacekeeping Forces members, or Force members. The obligations under this Act require that, subject to clause 6, at least one of the specified factors in clause 5 must be related to the relevant service rendered by the person. These factors include inhaling respirable asbestos fibres in an enclosed space for at least 10 years before the clinical onset of pleural plaque, inhaling respirable asbestos fibres in an open environment for at least 1000 hours with the same timeline, or the inability to obtain appropriate clinical management for pleural plaque. Furthermore, clause 8 provides definitions for terms such as "death from pleural plaque," "ICD-10-AM code," "relevant service," and "terminal event," which are essential for understanding and applying the Statement of Principles. In terms of penalties and consequences, the Statement of Principles itself does not outline specific offences or penalties. However, any breaches of the Veterans’ Entitlements Act 1986 related to the misrepresentation of service or fraudulent claims could result in civil or criminal penalties, including fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, as governed by the broader provisions of the Act and applicable laws.