Instrument No.180 of 1995
Statement of Principles
concerning
URETERIC CALCULUS
ICD CODE: 592.1
Veterans' Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound medical-scientific evidence that indicates that ureteric calculus and death from ureteric calculus can be related to operational service rendered by veterans, peacekeeping service rendered by members of Peacekeeping forces and hazardous service rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(2) of the Veterans' Entitlements Act 1986 (the Act), that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting ureteric calculus or death from ureteric calculus with the circumstances of that service, are:
(a) suffering from nephrolithiasis immediately before the clinical onset of signs or symptoms of ureteric calculus; or
(b) inability to obtain appropriate clinical management for the ureteric calculus.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) and 1(b) must be related to any service rendered by a person.
3. The factor set out in paragraph 1(b) applies only where:
(a) the person's ureteric calculus developed before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the ureteric calculus and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e), 70(5)(d), or 70(5A)(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
“nephrolithiasis” (also known as renal calculi) means a condition marked by the presence of kidney stones that consist of calcium salts (predominantly oxalate or phosphate), uric acid, cystine or struvite (the triple salt of magnesium, ammonium and phosphate); attracting ICD code 274.11 or 592.0;
“ureteric calculus” means the presence of stones, generally smaller than 0.5 cm in diameter, that arise from the kidney and pass into the ureter impacting at sites of ureteral narrowing, attracting ICD code 592.1.
Dated this Twenty-fifth day of May 1995
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 benefits and services to Australian veterans, their families, and dependants. The Act aims to address the various health and welfare needs that arise from military service, peacekeeping, or hazardous duties. In this context, the Repatriation Medical Authority has established a Statement of Principles concerning Ureteric Calculus (IC592.1) under subsection 196B(2) of the Act. This legislation aims to provide clarity on the medical-scientific evidence linking ureteric calculus and death from ureteric calculus with service circumstances, particularly when related to operational, peacekeeping, or hazardous service. The policy objective is to ensure that veterans who have developed ureteric calculus or suffered death from the condition as a result of their service can access the necessary benefits and support.
The Statement of Principles outlines specific factors that must exist to raise a reasonable hypothesis connecting ureteric calculus or death from the condition with the relevant service, including the presence of nephrolithiasis before the onset of symptoms or an inability to obtain appropriate clinical management. These factors are intended to assist in establishing a link between the condition and the service rendered, thereby facilitating the provision of appropriate entitlements and support to affected veterans.
Scope and Application
The Statement of Principles concerning Ureteric Calculus under the Veterans' Entitlements Act 1986 applies to veterans, members of peacekeeping forces, and members of the Australian Defence Force who have rendered operational, peacekeeping, or hazardous service. It seeks to establish a connection between the onset or worsening of ureteric calculus and the specific service circumstances of the affected individuals. Ureteric calculus, which is the presence of stones in the ureter, is identified by the International Classification of Diseases code 592.1. To establish a connection, the Statement of Principles stipulates that either the presence of nephrolithiasis immediately before the clinical onset of signs or symptoms of ureteric calculus, or an inability to obtain appropriate clinical management for the ureteric calculus must be related to the service rendered by the veteran or service member. The instrument is nationally applicable, extending across all states and territories of Australia, and is administered by the Repatriation Medical Authority. There are no exclusions or exemptions specified within the text, and the scope of the application may be further extended or restricted by subordinate instruments as necessary.
Key Provisions
The Statement of Principles concerning Ureteric Calculus (Instrument No.180 of 1995) outlines the conditions under which a veteran, member of peacekeeping forces, or member of the Forces can claim a connection between their ureteric calculus or death from ureteric calculus and their service. The key provisions of the statement are found in sections 1 to 4. Under section 1, the Repatriation Medical Authority has determined that a reasonable hypothesis can be raised connecting ureteric calculus or death from ureteric calculus with service if the individual either suffered from nephrolithiasis immediately before the onset of ureteric calculus symptoms or was unable to obtain appropriate clinical management for the ureteric calculus. This hypothesis requires that at least one of these factors be related to the individual's service, as outlined in section 2.
The obligations imposed on the parties governed by this Act include providing evidence that either of the factors set out in section 1 is related to their service. For the factor related to the inability to obtain appropriate clinical management, the individual must also demonstrate that the ureteric calculus developed before a period or part of a period of service to which the factor is related, and that the relationship between the ureteric calculus and the particular service is one set out in the specified sections of the Act, as detailed in section 3. The definitions in section 4 clarify terms such as "ICD code", "nephrolithiasis", and "ureteric calculus" to ensure that all parties understand the medical conditions being referred to in the Statement of Principles.
There are no offences, penalties, or civil/criminal consequences specified within the Statement of Principles itself. Instead, the consequences of failing to meet the conditions outlined in the Statement would relate to the individual's entitlement to benefits under the Veterans' Entitlements Act 1986. If an individual is unable to provide the necessary evidence to meet the conditions outlined in the Statement of Principles, they may not be eligible for benefits related to their ureteric calculus or death from ureteric calculus. However, it is important to note that the Veterans' Entitlements Act 1986 may have separate provisions outlining offences, penalties, and consequences for providing false or misleading information in relation to entitlement claims.