Instrument No.110 of 1995
Statement of Principles
concerning
SICKLE-CELL DISEASE
ICD CODE: 282.6
Veterans’ Entitlements Act 1986
subsection 196B(3)
1. Being of the view that, on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that sickle-cell disease and death from sickle-cell disease can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986, that the factor that must exist before it can be said that, on the balance of probabilities, sickle-cell disease or death from sickle-cell disease is connected with the circumstances of that service, is:
(a) the inability to obtain appropriate clinical management for the sickle-cell disease.
2. Subject to clause 3 (below) the factor set out in paragraph 1(a) must be related to any service rendered by a person.
3. The factor set out in paragraph 1(a) applies only where:
(a) the person’s sickle-cell disease was contracted prior to a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the sickle-cell disease and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act.
4. For the purposes of this Statement of Principles:
“ICD code” means a number assigned to a particular kind of injury or disease in the tenth edition of the International Classification of Diseases 9th Revision, effective date of 1 October 1993, copyrighted by the US Commission on Professional and Hospital Activities, and having the Library of Congress number 77-94472;
“sickle-cell disease” means an hereditary haematological condition, attracting ICD code 282.6, whereby, on deoxygenation, red blood cells containing the haemoglobin Hb S change from bi-concave disk shaped cells to crescent or "sickle" shaped cells.
Dated this Eighth day of March 1995
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 Sickle-Cell Disease No.110 of 1995, issued under the Veterans’ Entitlements Act 1986, was enacted to address the issue of establishing a connection between sickle-cell disease and the service of veterans and defence force members. This legislative instrument was developed by the Repatriation Medical Authority, recognising that there is a significant likelihood that sickle-cell disease, including death from the condition, can be related to eligible war service or defence service rendered by veterans and members of the Forces. The primary objective of this statement is to outline the criteria that must be met to establish a probable connection between the disease and the service in question, specifically focusing on the inability to obtain appropriate clinical management for sickle-cell disease. This instrument aims to ensure that affected individuals can receive the necessary support and entitlements by clarifying the relationship between their medical condition and their service history.
Scope and Application
This legislative instrument, numbered 110 of 1995, pertains to the Statement of Principles concerning sickle-cell disease, particularly its relationship with eligible war service and defence service as defined by the Veterans’ Entitlements Act 1986. The determination made by the Repatriation Medical Authority establishes that sickle-cell disease and death from sickle-cell disease can be related to certain non-operational war service and non-hazardous defence service, provided there is a connection through the inability to obtain appropriate clinical management for the disease. This applies to individuals whose sickle-cell disease was contracted before the relevant service period and where the relationship between the disease and the service falls under specific provisions of the Act. The instrument outlines the criteria that must be met to establish this connection, which is integral for veterans and members of the Forces seeking to claim entitlements related to their service. The jurisdictional scope of this legislative instrument is governed by the Commonwealth, as it pertains to the Veterans’ Entitlements Act 1986.
Key Provisions
The primary operative sections of this legislative instrument establish the Statement of Principles concerning sickle-cell disease (paragraph 1), outlining the conditions under which the disease or death from it can be related to eligible war service or defence service. Specifically, subsection 196B(3) of the Veterans’ Entitlements Act 1986 stipulates that the factor requiring proof is the inability to obtain appropriate clinical management for the sickle-cell disease. This factor must be linked to any service rendered by a person (paragraph 2). However, it only applies where the disease was contracted prior to the service, and the relationship between the disease and the service falls under specific provisions of the Act (paragraph 3).
The obligations and requirements imposed by this Act on the parties it governs include the necessity for veterans or members of the Forces to demonstrate that their sickle-cell disease was contracted before their service, and that the inability to obtain appropriate clinical management for the disease is linked to their service. This linkage must be shown in accordance with the specific relationship criteria outlined in the Act (paragraphs 1, 2, and 3). The Repatriation Medical Authority must also consider the sound medical-scientific evidence available to them when making determinations about the relationship between the disease and the service rendered.
The legislative instrument does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, any failure to comply with the obligations or requirements could potentially lead to disputes or claims that are not successful, thus denying the veteran or member of the Forces any entitlements or benefits that might have been available under the Act. It is essential for those affected to adhere to the criteria set out in the Statement of Principles to ensure their claims are valid and can be substantiated with the necessary evidence.