Statement of Principles concerning tension-type headache No. 77 of 1999

Administered by Department of Veterans' Affairs

Legislation au F2008B00702 Not in force Legislative Instrument

Legislation content

Instrument No.77 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(3) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.260 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. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that tension-type headache and death from tension-type headache 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, the factor set out in clause 5 must be related to any relevant service rendered by the person.

 

Factors

5. The factor that must exist before it can be said that, on the balance of probabilities, tension-type headache or death from tension-type headache is connected 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) or 70(5)(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) eligible war service (other than operational service); or

(b)              defence service (other than 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 120B 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 Parliament of Australia, addresses the need to provide entitlements and benefits to veterans and their families. This legislative instrument, numbered 77 of 1999, was issued by the Repatriation Medical Authority under the authority conferred by the Act. It specifically revokes the previous Statement of Principles concerning tension headache and establishes a new Statement of Principles concerning tension-type headache, providing clarity on the medical criteria for such conditions in the context of veterans' health. The policy objective is to ensure that veterans suffering from tension-type headache receive appropriate recognition and support, facilitating their access to necessary medical and financial benefits. The new Statement of Principles focuses on defining tension-type headache, setting out the necessary factors that must be related to the veteran's service, and clarifying the circumstances under which death from tension-type headache can be connected to service.

Scope and Application

The Revocation of Statement of Principles concerning Tension Headache and Determination of Statement of Principles concerning Tension-Type Headache under Instrument No.77 of 1999 applies to veterans and members of the Australian Defence Force who suffer from tension-type headache, also known as muscle contraction or stress headache, and who require medical-scientific evidence to support a claim related to their service. This legislative instrument is an amendment to the Veterans' Entitlements Act 1986 and is applicable to all matters covered by section 120B of the Act, which relates to the provision of benefits to veterans and their dependants. The instrument revokes a previous statement of principles from 1995 and establishes new criteria for determining when tension-type headache and death from tension-type headache can be connected to relevant service, specifically when there is an inability to obtain appropriate clinical management for the condition. The application of this legislation is limited to cases where the tension-type headache was either suffered or contracted before or during service, but not arising out of the service, and it excludes headaches attributable to migraine, intracranial structural anomalies, or systemic disease. The instrument also specifies that if there is a pre-existing statement of principles for a related injury or disease, the factors in that statement apply in accordance with its terms.

Key Provisions

The main operative sections of this legislation, Instrument No.77 of 1999, involve the revocation of the previous Instrument No.260 of 1995 and the introduction of a new Statement of Principles concerning tension-type headache and death from tension-type headache. This new Statement of Principles, as outlined in section 2, pertains specifically to headaches that occur at least five days per month over a period of at least six months, which are pressing or tightening, unaccompanied by nausea, and not aggravated by physical activity. This condition is distinct from migraines and headaches attributable to other medical conditions. The Repatriation Medical Authority, under section 3, has determined that it is more probable than not that tension-type headache and death from tension-type headache can be related to relevant service rendered by veterans or members of the Forces. Under this Act, the Repatriation Medical Authority imposes specific obligations on the parties it governs. For instance, the new Statement of Principles requires that any factor related to a veteran's or member's service must be connected to their tension-type headache. Specifically, the inability to obtain appropriate clinical management for tension-type headache is identified as a critical factor that must be related to the person's service (section 5(a)). Furthermore, if the headache existed before or during the service but was not a result of the service, it can only be considered in cases of material contribution or aggravation (section 6). The Act also mandates that if the headache or death from it is connected to the service, any relevant factors that include an injury or disease with an existing Statement of Principles must be applied in accordance with that statement (section 7). The legislation sets out clear consequences for breaches, although specific offences and penalties are not detailed in the provided text. However, it can be inferred that non-compliance with the Act's provisions could lead to legal repercussions, potentially including fines or other penalties as stipulated under the Veterans’ Entitlements Act 1986. While the exact penalties are not enumerated here, they would likely align with the general regulatory framework governing veterans' entitlements and the administration of related medical authorities. The overarching aim of the Act is to ensure that veterans and members of the Forces receive appropriate recognition and support for service-related tension-type headaches and related fatalities.

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