Statement of Principles concerning hereditary spherocytosis No. 67 of 2015

Link to law: https://www.comlaw.gov.au/Details/F2015L00649

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
 
Statement of Principles
concerning
 
HEREDITARY SPHEROCYTOSIS
No. 67 of 2015
 
for the purposes of the
 
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
Title
1.         This Instrument may be cited as Statement of Principles concerning hereditary spherocytosis No. 67 of 2015.
Determination
2.         The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a)        revokes Instrument No. 13 of 2007 concerning hereditary spherocytosis; and
(b)        determines in its place this Statement of Principles.
Kind of injury, disease or death
3.         (a)        This Statement of Principles is about hereditary spherocytosis and death from hereditary spherocytosis.
(b)               For the purposes of this Statement of Principles, "hereditary spherocytosis" means a genetic disorder of red blood cells, characterised by the production of spherical red blood cells which are susceptible to haemolysis in the spleen.
(c)                Hereditary spherocytosis attracts ICD-10-AM code D58.0.
(d)               In the application of this Statement of Principles, the definition of "hereditary spherocytosis" is that given at paragraph 3(b) above.
Basis for determining the factors
4.         The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that hereditary spherocytosis and death from hereditary spherocytosis can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA).
Factors that must be related to service
5.         Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.
Factors
6.         The factor that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting hereditary spherocytosis or death from hereditary spherocytosis with the circumstances of a person’s relevant service is:
(a)                having an acute viral infection within the six weeks before the clinical worsening of hereditary spherocytosis; or
(b)               being pregnant within the six weeks before the clinical worsening of hereditary spherocytosis; or
(c)                inability to obtain appropriate clinical management for hereditary spherocytosis.
Factors that apply only to material contribution or aggravation
7.         Paragraphs 6(a) to 6(c) apply only to material contribution to, or aggravation of, hereditary spherocytosis where the person’s hereditary spherocytosis was suffered or contracted before or during (but not arising out of) the person’s relevant service.
Inclusion of Statements of Principles
8.         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 as in force from time to time.
Other definitions
9.         For the purposes of this Statement of Principles:
"death from hereditary spherocytosis" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s hereditary spherocytosis;
"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), Eighth Edition, effective date of 1 July 2013, copyrighted by the Independent Hospital Pricing Authority, and having ISBN 978-1-74128-213-9;
"relevant service" means:
(a)                operational service under the VEA;
(b)               peacekeeping service under the VEA;
(c)                hazardous service under the VEA;
(d)               British nuclear test defence service under the VEA;
(e)                warlike service under the MRCA; or
(f)                non-warlike service under the MRCA;
"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
10.       This Instrument applies to all matters to which section 120A of the VEA or section 338 of the MRCA applies.
Date of effect
11.       This Instrument takes effect from 1 June 2015.
Dated this   first   day of   May   2015
The Common Seal of the                    )
Repatriation Medical Authority          )
was affixed at the direction of:          )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON