Statement of Principles concerning reiter's syndrome No. 18 of 1998

Administered by Department of Veterans' Affairs

Legislation au F2008B00684 Not in force Legislative Instrument

Legislation content

Instrument No.18 of 1998

 

Revocation and Determination

of

Statement of Principles

concerning

 

REITER’S SYNDROME

 

ICD CODE: 099.3

 

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.32 of 1994; 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 Reiter’s syndrome and death from Reiter’s syndrome.

 

(b) For the purposes of this Statement of Principles, “Reiter’s syndrome” means an episode of acute onset peripheral arthritis of more than one month duration occurring in association with urethritis and/or cervicitis, attracting ICD code 099.3.

 

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 Reiter’s syndrome and death from Reiter’s syndrome 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, Reiter’s syndrome or death from Reiter’s syndrome is connected with the circumstances of a person’s relevant service are:

 

(a) suffering from an enteric bacterial infection not more than 30 days before the clinical onset of Reiter’s syndrome; or

 

(b) suffering from a sexually acquired infection of the urethra not more than 30 days before the clinical onset of Reiter’s syndrome; or

 

(c) suffering from an enteric bacterial infection not more than 30 days before the clinical worsening of Reiter’s syndrome; or

 

(d) suffering from a sexually acquired infection of the urethra not more than 30 days before the clinical worsening of Reiter’s syndrome; or

 

(e) inability to obtain appropriate clinical management for Reiter’s syndrome.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(c) to 5(e) apply only to material contribution to, or aggravation of, Reiter’s syndrome where the person’s Reiter’s syndrome 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:

 

“enteric bacterial infection” means infection from bacteria, including Shigella, Salmonella, Yersinia, or Campylobacter, resulting in diarrhoea;

 

“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;

 

“relevant service” means:

 

(a) eligible war service (other than operational service); or

(b) defence service (other then hazardous service).

 

Application

8. This Instrument applies to all matters to which section 120B of the Act applies.

 

 

Dated this Twenty-seventh day of  March 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, enacted by the Parliament of Australia, was designed to provide comprehensive entitlements for veterans, addressing the various health and welfare needs arising from their service. One significant aspect of this legislation is its provision for the recognition and compensation of service-related injuries and diseases. The legislative instrument, F2008B00684, specifically addresses Reiter's syndrome, an acute onset peripheral arthritis occurring in association with urethritis and/or cervicitis, by revoking previous statements and establishing new principles for its recognition. The Repatriation Medical Authority, under the authority granted by the Act, determined that it is more probable than not that Reiter’s syndrome and its resultant death can be related to the service rendered by veterans. This determination aims to ensure that veterans affected by this condition receive appropriate recognition and benefits under the Act.

Scope and Application

This legislative instrument pertains to the Veterans' Entitlements Act 1986, specifically addressing Reiter's syndrome and its relation to relevant military service. It applies to all veterans or members of the forces who have served in eligible war or defence service, as defined within the Act, and who may be affected by Reiter’s syndrome. The instrument revokes the previous Instrument No. 32 of 1994 and establishes a new Statement of Principles concerning the syndrome, which includes its acute onset peripheral arthritis occurring in association with urethritis and/or cervicitis. The legislative instrument sets out conditions under which Reiter’s syndrome and death from it can be linked to relevant military service, with a focus on specific infections and the inability to obtain appropriate clinical management. This new Statement of Principles is designed to ensure that veterans affected by Reiter’s syndrome receive appropriate recognition and entitlements under the Act.

Key Provisions

The legislative instrument primarily establishes the conditions under which Reiter’s syndrome and death from Reiter’s syndrome can be related to relevant service for the purposes of the Veterans’ Entitlements Act 1986. Section 1 revokes the previous Instrument No.32 of 1994 and replaces it with a new Statement of Principles concerning Reiter’s syndrome. The new Statement of Principles, outlined in section 2, focuses on the medical condition known as Reiter’s syndrome, defined as an acute onset peripheral arthritis of more than one month duration associated with urethritis and/or cervicitis, with an ICD code of 099.3. The basis for these determinations, as explained in section 3, relies on the sound medical-scientific evidence available to the Repatriation Medical Authority. Section 4 stipulates that for Reiter’s syndrome or death from the condition to be connected with the circumstances of a person's relevant service, at least one of the specified factors must be related to that service. These factors, detailed in section 5, include suffering from an enteric bacterial infection or a sexually acquired infection of the urethra within 30 days before the clinical onset or worsening of Reiter’s syndrome, or the inability to obtain appropriate clinical management for the syndrome. Additionally, paragraphs 5(c) to 5(e) specifically apply to the material contribution to, or aggravation of, Reiter’s syndrome when the condition was suffered or contracted before or during relevant service. Section 6 provides definitions for key terms used in the Statement of Principles, such as “enteric bacterial infection,” “ICD code,” and “relevant service.” The obligations imposed by this Act on the parties it governs are primarily concerned with the verification and documentation of the conditions outlined in the Statement of Principles. Claimants must provide evidence that they suffered from Reiter’s syndrome and that at least one of the specified factors occurred within the required timeframe relative to their relevant service. The Repatriation Medical Authority must review the evidence and determine whether the criteria for a connection to service have been met. This involves a thorough assessment of the medical history and service records of the claimant to establish the required link between the syndrome and the relevant service. Breaches of the requirements or misrepresentations in the claims process can lead to legal consequences. While the instrument itself does not explicitly outline penalties for breaches, the broader framework of the Veterans’ Entitlements Act 1986 may include provisions for penalties, fines, or other civil and criminal consequences for fraudulent claims or misrepresentation. The penalties can vary depending on the severity of the breach, but they may include financial penalties, imprisonment, or both. It is essential for claimants and the Repatriation Medical Authority to adhere to the guidelines and provide accurate information to avoid potential legal repercussions.

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