Statement of Principles concerning tension-type headache No. 76 of 1999

Administered by Department of Veterans' Affairs

Legislation au F2008B00701 Not in force Legislative Instrument

Legislation content

Instrument No.76 of 1999

 

Revocation

of

Statement of Principles

concerning

 

TENSION HEADACHE

 

and

 

Determination

of

Statement of Principles

concerning

TENSION-TYPE HEADACHE

ICD-10-AM code: G44.2

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.259 of 1995; 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 tension-type headache and death from tension-type headache.

 

(b)               For the purposes of this Statement of Principles, “tension-type headache”, also known as muscle contraction headache or stress headache, means a condition in which there is headache occurring on an average of at least five days per month over a period of at least six months, where the headache is pressing or tightening, is unaccompanied by nausea and is not aggravated by physical activity, attracting ICD-10-AM code G44.2. This definition excludes migraine and headache attributable to intracranial structural anomalies or systemic disease.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that tension-type headache and death from tension-type headache 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 factor set out in clause 5 must be related to any relevant service rendered by the person.

 

Factors

5. The factor that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting tension-type headache or death from tension-type headache with the circumstances of a person’s relevant service is:

 

(a) inability to obtain appropriate clinical management for tension-type headache.

 

Factors that apply only to material contribution or aggravation

6. Paragraph 5(a) applies only to material contribution to, or aggravation of, tension-type headache where the person’s tension-type headache 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.

 

Inclusion of Statements of Principles

7. In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles.

 

Other definitions

8. For the purposes of this Statement of Principles:

 

death from tension-type headache” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s tension-type headache;

 

“ICD-10-AM code” means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), effective date of 1 July 1998, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86451 340 3;

 

“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) hazardous service;

 

“terminal event” means the proximate or ultimate cause of death and includes:

 

a) pneumonia;

b) respiratory failure;

c) cardiac arrest;

d) circulatory failure; or

e) cessation of brain function.

 

Application

9. This Instrument applies to all matters to which section 120A of the Act applies.

 

Dated this Twenty-eighth day of October 1999

 

 

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 Australian Parliament, aims to provide entitlements and benefits to veterans and their families, ensuring they receive the support they need following their service. In 1999, the Repatriation Medical Authority issued Instrument No.76, revoking the previous Statement of Principles concerning tension headache and introducing a new Statement of Principles concerning tension-type headache. This legislative instrument addresses the gap in recognising tension-type headache as a condition potentially related to relevant military service, thereby providing a basis for compensation and support for affected veterans. The policy objective is to ensure that veterans who suffer from tension-type headache, which meets specific diagnostic criteria, can access the necessary benefits and medical support.

Scope and Application

This legislative instrument, numbered 76 of 1999, pertains to the Veterans' Entitlements Act 1986 and concerns the revocation and replacement of a previous Statement of Principles regarding tension headache. The Act applies to veterans, members of Peacekeeping Forces, and members of the Australian Defence Force who have suffered from tension-type headaches, including those who have died from conditions contributed to by such headaches. This legislation is focused on the medical-scientific evidence that links tension-type headaches to relevant service and outlines the conditions under which these headaches can be considered related to service. The instrument revokes an earlier Statement of Principles and establishes new criteria for determining when a reasonable hypothesis can be raised connecting tension-type headache with a person's service. Notably, the new criteria include the inability to obtain appropriate clinical management for the condition. The instrument also specifies that these provisions apply to all matters covered under section 120A of the Act and may be extended or modified through subordinate instruments. The exclusion of migraines and headaches attributable to intracranial structural anomalies or systemic disease is clearly stated within the definition of tension-type headache.

Key Provisions

This legislative instrument, under subsection 196B(2) of the Veterans’ Entitlements Act 1986, revokes Instrument No. 259 of 1995 and determines a new Statement of Principles concerning tension-type headache and death from tension-type headache (section 1). The definition of tension-type headache, as provided, includes headaches occurring on average at least five days per month over a period of at least six months, where the headache is pressing or tightening, unaccompanied by nausea, and not aggravated by physical activity, attracting ICD-10-AM code G44.2 (section 2). The Repatriation Medical Authority has concluded that there is sound medical-scientific evidence supporting a relationship between tension-type headache, death from tension-type headache, and relevant service rendered by veterans, Peacekeeping Forces members, or Forces members (section 3). The obligations imposed by this Act require that any factor relating to tension-type headache or death from tension-type headache must be connected to the relevant service rendered by the individual (section 4). The minimum factor required is the inability to obtain appropriate clinical management for tension-type headache (section 5). This factor applies to material contribution to, or aggravation of, tension-type headache only if the headache was suffered or contracted before or during the relevant service, excluding instances arising out of that service (section 6). If a relevant factor includes an injury or disease for which there is an existing Statement of Principles, the factors from that Statement also apply (section 7). Definitions provided within the instrument include "death from tension-type headache," "ICD-10-AM code," "relevant service," and "terminal event," which assist in understanding the scope and application of the legislation (section 8). Breach of the obligations or factors outlined in this legislation does not explicitly state specific offences, penalties, or consequences in the text provided. However, under the general purview of the Veterans’ Entitlements Act 1986, non-compliance with the requirements could potentially lead to legal repercussions or administrative penalties. The absence of specific penalties within this instrument suggests that any enforcement actions would rely on broader legislative frameworks and judicial interpretations applicable to the Act as a whole.

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