Instrument No.28 of 1998
Determination
of
Statement of Principles
concerning
PSORIATIC ARTHROPATHY
ICD CODE: 696.0
Veterans’ Entitlements Act 1986
1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act).
Kind of injury, disease or death
2. (a) This Statement of Principles is about psoriatic arthropathy and death from psoriatic arthropathy.
(b) For the purposes of this Statement of Principles, “psoriatic arthropathy” means a chronic inflammatory arthritis, with specific clinical and radiological signs, occurring with psoriasis, attracting ICD code 696.0.
Basis for determining the factors
3. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that psoriatic arthropathy and death from psoriatic arthropathy can be related to relevant service rendered by veterans or members of the Forces.
Factors that must be related to service
4. Subject to clause 6, at least one of the factors set out in clause 5 must be related to any relevant service rendered by the person.
Factors
5. The factors that must exist before it can be said that, on the balance of probabilities, psoriatic arthropathy or death from psoriatic arthropathy is connected with the circumstances of a person’s relevant service are:
(a) suffering from psoriasis at the time of the clinical onset of psoriatic arthropathy; or
(b) inability to obtain appropriate clinical management for psoriatic arthropathy.
Factors that apply only to material contribution or aggravation
6. Paragraph 5(b) applies only to material contribution to, or aggravation of, psoriatic arthropathy where the person’s psoriatic arthropathy was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act refers.
Other definitions
7. For the purposes of this Statement of Principles:
“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;
“psoriasis” means a chronic recurrent papulosquamous skin disorder, associated with hyperproliferation of the epidermis, attracting ICD code 696.1;
“relevant service” means:
(a) eligible war service (other than operational service); or
(b) defence service (other than hazardous service).
Dated this Fifth day of May 1998
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 was enacted to provide a framework for the recognition and compensation of veterans and members of the Australian Defence Force for injuries, diseases, and deaths that are attributable to their service. The Act addresses a critical need to support and compensate those who have served their country by establishing a system that acknowledges and provides for the consequences of their service. The Act is administered by the Australian Parliament, reflecting the nation’s commitment to honouring its veterans.
In 1998, the Repatriation Medical Authority, under subsection 196B(3) of the Veterans’ Entitlements Act 1986, determined a Statement of Principles concerning psoriatic arthropathy, a chronic inflammatory arthritis occurring with psoriasis, and its relation to relevant military service. This determination aimed to ensure that veterans suffering from psoriatic arthropathy, or who died from it, could be appropriately recognised and compensated for their condition if it could be linked to their service. The policy objective is to provide clarity and support to veterans affected by this specific condition, ensuring they receive the necessary entitlements and recognition.
Scope and Application
This Statement of Principles, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, pertains specifically to psoriatic arthropathy and death resulting from this condition among veterans. It is essential to note that for the purposes of this determination, "psoriatic arthropathy" refers to a chronic inflammatory arthritis occurring with psoriasis, identifiable by its specific clinical and radiological signs and assigned the ICD code 696.0. The Authority has concluded, based on available medical-scientific evidence, that it is more probable than not that psoriatic arthropathy and death from it can be linked to relevant service rendered by veterans. The legislation mandates that at least one of the specified factors must be related to the veteran's service, with these factors including suffering from psoriasis at the onset of psoriatic arthropathy or being unable to obtain appropriate clinical management for the condition. These provisions apply to the extent that the psoriatic arthropathy was either suffered or contracted before or during the relevant service, but not as a result of it. The terms "relevant service" and "psoriasis" are further defined within the document to ensure clarity and precision in application.
Key Provisions
The main operative sections of this legislative instrument are clause 2, which defines the scope of the Statement of Principles concerning psoriatic arthropathy and death from psoriatic arthropathy, and clause 5, which sets out the factors that must exist for psoriatic arthropathy or death from psoriatic arthropathy to be connected with a person’s relevant service (Veterans’ Entitlements Act 1986 (Cth), clause 2, 5). The instrument determines that it is more probable than not that psoriatic arthropathy and death from psoriatic arthropathy can be related to relevant service rendered by veterans or members of the Forces (Veterans’ Entitlements Act 1986 (Cth), clause 3).
The Act imposes specific obligations and requirements on the parties it governs. It requires that at least one of the factors set out in clause 5 must be related to any relevant service rendered by the person for a connection to be made between the psoriatic arthropathy or death from psoriatic arthropathy and the relevant service (Veterans’ Entitlements Act 1986 (Cth), clause 4). The factors include suffering from psoriasis at the time of the clinical onset of psoriatic arthropathy or inability to obtain appropriate clinical management for psoriatic arthropathy (Veterans’ Entitlements Act 1986 (Cth), clause 5). Additionally, paragraph 5(b) applies only to material contribution to, or aggravation of, psoriatic arthropathy where the person’s psoriatic arthropathy was suffered or contracted before or during (but not arising out of) the person’s relevant service (Veterans’ Entitlements Act 1986 (Cth), clause 6).
The legislation does not explicitly detail offences, penalties, or consequences for breach within the provided text. However, it is clear that failure to meet the requirements and obligations outlined in the Act could potentially result in disputes or challenges regarding the connection between psoriatic arthropathy, death from psoriatic arthropathy, and relevant service, which could have significant implications for veterans or members of the Forces seeking entitlements. It is important for those affected to ensure they meet the criteria set out in the Act to avoid any potential issues or disputes.