Statement of Principles concerning horseshoe kidney No. 32 of 2015

Link to law: https://www.comlaw.gov.au/Details/F2014L01845

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Statement of Principles
concerning
 
HORSESHOE KIDNEY
No. 32 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 horseshoe kidney No. 32 of 2015.
Determination
2.         The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a)        revokes Instrument No. 52 of 2007 concerning horseshoe kidney; and
(b)       determines in its place this Statement of Principles.
Kind of injury, disease or death
3.         (a)        This Statement of Principles is about horseshoe kidney and death from horseshoe kidney.
(b)       For the purposes of this Statement of Principles, "horseshoe kidney" means a congenital malformation of the kidneys characterised by two distinct functioning kidneys on opposite sides of the midline, connected by an isthmus of functioning renal parenchyma or fibrous tissue that crosses the midline of the body. Connection is most commonly at the lower poles of the kidneys.
(c)        Horseshoe kidney attracts ICD-10-AM code Q63.11.
(d)       In the application of this Statement of Principles, the definition of "horseshoe kidney" is that given at paragraph 3(b) above.
Basis for determining the factors
4.         After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that it is more probable than not on the sound medical-scientific evidence available, that the only factor that can be related to the cause of or material contribution to or aggravation of horseshoe kidney or death from horseshoe kidney and which can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA) is that set out in clause 5.
Factors that must be related to service
5.         The factor that must exist before it can be said that, on the balance of probabilities, in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating horseshoe kidney or death from horseshoe kidney is inability to obtain appropriate clinical management for horseshoe kidney.
Other definitions
6.         For the purposes of this Statement of Principles:
"death from horseshoe kidney" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s horseshoe kidney;
"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)        eligible war service (other than operational service) under the VEA;
(b)        defence service (other than hazardous service and British nuclear test defence service) under the VEA; or
(c)        peacetime 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
7.         This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.
Date of effect
8.         This Instrument takes effect from 27 January 2015.
Dated this   nineteenth   day of   December   2014
The Common Seal of the                    )
Repatriation Medical Authority          )
was affixed at the direction of:          )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON