Statement of Principles concerning polyarteritis nodosa No. 157 of 1996

Administered by Department of Veterans' Affairs

Legislation au F2008B00597 Not in force Legislative Instrument

Legislation content

Instrument No.157 of 1996

 

Determination

of

Statement of Principles

concerning

POLYARTERITIS NODOSA

ICD CODE: 446.0

 

Veterans’ Entitlements Act 1986

 

 

1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act).

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about polyarteritis nodosa  and death from polyarteritis nodosa .

 

 (b) For the purposes of this Statement of Principles, “polyarteritis nodosa ” means a systemic necrotising vasculitis which includes classic polyarteritis nodosa, microscopic polyangiitis, Churg-Strauss syndrome and polyangiitis overlap syndrome, attracting ICD code 446.0.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that polyarteritis nodosa and death from polyarteritis nodosa can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces.

 

Factors that must be related to service

4. Subject to clause 6, the factors set out in at least one of the paragraphs in clause 5 must be related to any relevant service rendered by the person.

 

Factors

5. The factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting polyarteritis nodosa  or death from polyarteritis nodosa  with the circumstances of a person’s relevant service are:

 

(a) for classic polyarteritis nodosa and microscopic polyangiitis only, evidence of infection with hepatitis B before the clinical onset of polyarteritis nodosa; or

 

(b) inability to obtain appropriate clinical management for polyarteritis nodosa

 

Factors that apply only to material contribution or aggravation

6. Paragraph 5(b) applies only to material contribution to, or aggravation of, polyarteritis nodosa where the person’s polyarteritis nodosa was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act refers.

 

Other definitions

7. For the purposes of this Statement of Principles:

 

“classic polyarteritis nodosa” means a systemic necrotising vasculitis characterised by necrotising inflammation of medium-sized or small arteries without glomerulonephritis or vasculitis in arterioles, capillaries or venules;

 

“evidence of infection with hepatitis B” means evidence of such on serological testing, that is, evidence of hepatitis B surface antigen (HBsAg), hepatitis B e antigen, hepatitis B core antibody and/or hepatitis B surface antibody, attracting ICD code 070.2 or 070.3;

 

“ICD code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1996, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 24447 2;

 

“microscopic polyangiitis” also known as microscopic polyarteritis means a systemic necrotising vasculitis characterised by necrotising vasculitis, with few or no immune deposits, affecting small vessels (that is, capillaries, venules or arterioles).  Necrotising arteritis involving small and medium sized arteries may be present.  Necrotising glomerulonephritis is very common.  Pulmonary capillaritis often occurs;

 

“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) hazardous service.

 

 

Dated this Ninth day of  December  1996

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of    )

 

KEN DONALD

CHAIRMAN

 

Overview

The Statement of Principles concerning Polyarteritis Nodosa was determined in 1996 by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986. This legislative instrument aims to address the issue of veterans and members of peacekeeping or hazardous forces suffering from polyarteritis nodosa or death from the condition, establishing a clear medical-scientific link between the disease and relevant service. Polyarteritis nodosa is a systemic necrotising vasculitis which includes classic polyarteritis nodosa, microscopic polyangiitis, Churg-Strauss syndrome, and polyangiitis overlap syndrome, with an ICD code of 446.0. The policy objective is to ensure that those who have served in relevant capacities are acknowledged and appropriately compensated for their health conditions that can be reasonably hypothesised to be connected to their service.

Scope and Application

This legislative instrument, F2008B00597, outlines a Statement of Principles concerning polyarteritis nodosa under the Veterans’ Entitlements Act 1986, specifically addressing the circumstances in which veterans, members of Peacekeeping Forces, or members of the Australian Defence Force may be entitled to compensation or benefits related to polyarteritis nodosa and death from this condition. The determination is made by the Repatriation Medical Authority, which asserts that there is sufficient medical-scientific evidence linking polyarteritis nodosa and death from this disease to relevant service rendered by these individuals. This legislation applies to veterans and other eligible persons who have served in specific capacities, including operational, peacekeeping, and hazardous service. The factors necessary to establish a connection between the disease and service include evidence of hepatitis B infection before the onset of polyarteritis nodosa, or the inability to obtain appropriate clinical management for the condition. The jurisdictional reach of this legislation is national, as it is governed by the Commonwealth under the Veterans’ Entitlements Act 1986. This Statement of Principles does not specify any exclusions or exemptions, but it does highlight that the determination of benefits will depend on the specific circumstances of each case, including the service rendered and the presence of the stipulated factors.

Key Provisions

This Determination of Statement of Principles concerning Polyarteritis Nodosa (F2008B00597) is issued by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986. The Statement of Principles (paragraph 1) pertains to polyarteritis nodosa and death from polyarteritis nodosa, which includes classic polyarteritis nodosa, microscopic polyangiitis, Churg-Strauss syndrome and polyangiitis overlap syndrome, attracting ICD code 446.0 (paragraph 2). The Repatriation Medical Authority has determined that there is sufficient medical-scientific evidence indicating that polyarteritis nodosa and death from polyarteritis nodosa can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces (paragraph 3). The Act requires that the factors mentioned in at least one of the paragraphs in clause 5 must be related to any relevant service rendered by the person (paragraph 4). The factors that must exist before it can be said that a reasonable hypothesis has been raised connecting polyarteritis nodosa or death from polyarteritis nodosa with the circumstances of a person’s relevant service are: (a) for classic polyarteritis nodosa and microscopic polyangiitis only, evidence of infection with hepatitis B before the clinical onset of polyarteritis nodosa; or (b) inability to obtain appropriate clinical management for polyarteritis nodosa (paragraph 5). Paragraph 5(b) applies only to material contribution to, or aggravation of, polyarteritis nodosa where the person’s polyarteritis nodosa was suffered or contracted before or during (but not arising out of) the person’s relevant service (paragraph 6). There are no specific offences, penalties, or civil/criminal consequences mentioned in this Statement of Principles. However, if a person believes that they have been wrongly denied a benefit or compensation under the Veterans’ Entitlements Act 1986, they may have the right to seek review of the decision by the Administrative Appeals Tribunal. The Tribunal has the power to affirm, vary, or set aside the decision and may substitute a different decision in its place. If a party is unhappy with the decision of the Tribunal, they may seek further review by the Federal Court of Australia or the High Court of Australia. The maximum penalties for offences under the Veterans’ Entitlements Act 1986 vary depending on the offence and may include fines and/or imprisonment. However, these penalties are not relevant to the Statement of Principles concerning Polyarteritis Nodosa.

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