Statement of Principles
No. 38 of 2015
for the purposes of the
Veterans’ Entitlements Act 1986
Military Rehabilitation and Compensation Act 2004
1. This Instrument may be cited as Statement of Principles concerning Huntington's chorea No. 38 of 2015.
2. The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a) revokes Instrument No. 6 of 2007 concerning Huntington's chorea; and
(b) determines in its place this Statement of Principles.
Kind of injury, disease or death
3. (a) This Statement of Principles is about Huntington's chorea and death from Huntington's chorea.
(b) For the purposes of this Statement of Principles, "Huntington's chorea" means a genetic disorder of the brain, heritable as an autosomal dominant trait, which is characterised by progressive degeneration of nerve cells in the basal ganglia and cortex, leading to motor, emotional and cognitive dysfunction.
(c) Huntington's chorea attracts ICD-10-AM code G10.
(d) In the application of this Statement of Principles, the definition of "Huntington's chorea" 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 Huntington's chorea or death from Huntington's chorea 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 Huntington's chorea or death from Huntington's chorea is inability to obtain appropriate clinical management for Huntington's chorea.
6. For the purposes of this Statement of Principles:
"death from Huntington's chorea" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s Huntington's chorea;
"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:
(b) respiratory failure;
(c) cardiac arrest;
(d) circulatory failure; or
(e) cessation of brain function.
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