Amendment Statement of Principles
concerning
ISCHAEMIC HEART DISEASE
No. 96 of 2010
for the purposes of the
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
1. This Instrument may be cited as Statement of Principles concerning ischaemic heart disease No. 96 of 2010.
2. The Repatriation Medical Authority amends, under subsection 196B(8) of the Veterans’ Entitlements Act 1986, Statement of Principles concerning ischaemic heart disease Instrument No. 89 of 2007, as amended by Instrument No. 43 of 2009, by:
(A) Inserting a new factor "(va)" immediately following factor "(v)" in clause 6 as follows:
"(va) inhaling, ingesting or having cutaneous contact with the phenoxy acid herbicides 2,4-dichlorophenoxyacetic acid (2,4-D) or 2,4,5-trichlorophenoxyacetic acid (2,4,5-T), for a cumulative period of at least 1000 hours within a consecutive period of ten years, before the clinical onset of ischaemic heart disease, where the first exposure occurred at least five years before the clinical onset of ischaemic heart disease, and where that exposure has ceased, the clinical onset of ischaemic heart disease occurred within 25 years after cessation; or";
(B) Inserting a new factor "(vb)" immediately following new factor "(va)" in clause 6 as follows:
"(vb) inhaling, ingesting or having cutaneous contact with a chemical agent contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD), for a cumulative period of at least 1000 hours within a consecutive period of ten years, before the clinical onset of ischaemic heart disease, where the first exposure occurred at least five years before the clinical onset of ischaemic heart disease, and where that exposure has ceased, the clinical onset of ischaemic heart disease occurred within 25 years after cessation; or";
(C) Inserting a new factor "(vc)" immediately following new factor "(vb)" in clause 6 as follows:
"(vc) For acute myocardial infarction only, having an episode of acute cholinergic poisoning from exposure to an organophosphorus ester within the 21 days before the clinical onset of ischaemic heart disease; or";
(D) Inserting a new factor "(rra)" immediately following factor "(rr)" in clause 6 as follows:
"(rra) inhaling, ingesting or having cutaneous contact with the phenoxy acid herbicides 2,4-dichlorophenoxyacetic acid (2,4-D) or 2,4,5-trichlorophenoxyacetic acid (2,4,5-T), for a cumulative period of at least 1000 hours within a consecutive period of ten years, before the clinical worsening of ischaemic heart disease, and where that exposure has ceased, the clinical worsening of ischaemic heart disease occurred within 25 years after cessation; or";
(E) Inserting a new factor "(rrb)" immediately following new factor "(rra)" in clause 6 as follows:
"(rrb) inhaling, ingesting or having cutaneous contact with a chemical agent contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD), for a cumulative period of at least 1000 hours within a consecutive period of ten years before the clinical worsening of ischaemic heart disease, and where that exposure has ceased, the clinical worsening of ischaemic heart disease occurred within 25 years after cessation; or";
(F) Inserting a new factor "(rrc)" immediately following new factor "(rrb)" in clause 6 as follows:
"(rrc) For acute myocardial infarction only, having an episode of acute cholinergic poisoning from exposure to an organophosphorus ester within the 21 days before the clinical worsening of ischaemic heart disease; or";
and
(G) Inserting new definitions for "acute cholinergic poisoning", "an organophosphorus ester" and "inhaling, ingesting or having cutaneous contact with a chemical agent contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD)" in clause 9 as follows:
'"acute cholinergic poisoning" means symptoms and signs due to the inhibition of acetylcholinesterase enzyme activity which occur within the 24 hours following exposure. These symptoms and signs are: acute paralysis, overwhelming bronchial secretions, bradycardia, gastrointestinal distress, miosis, lacrimation or diarrhoea;'
'"an organophosphorus ester" means an agent used to inhibit acetylcholinesterase, and includes the organophosphate pesticides chlorpyrifos, dichlorvos, EPN (ethyl p-nitrophenyl theonobenzenephosphonate), leptophos, methamidophos, mipafox (diisopropyl phosphorofluoridate), omethoate, parathion, TOCP (tri-ortho-cresyl phosphate), trichlorfon and trichlornat;'
'"inhaling, ingesting or having cutaneous contact with a chemical agent contaminated by 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD)" means:
(a) decanting or spraying;
(b) cleaning or maintaining equipment used to apply;
(c) being sprayed with;
(d) handling or sawing timber treated with;
(e) being in an environment shrouded in dust from timber treated with; or
(f) using cutting oils contaminated with one of the following chemicals:
(i) 2,4,5-trichlorophenoxyacetic acid;
(ii) 2,4,5-trichlorophenoxypropionic acid;
(iii) 2,4,5-trichlorophenol;
(iv) 2-(2,4,5-trichlorophenoxy)-ethyl 2,2-dichloropropionate;
(v) o,o-dimethyl-o-(2,4,5-trichlorophenyl)-phosphorothioate;
(vi) pentachlorophenol;
(vii) 2,3,4,6-tetrachlorophenol;
(viii) 2,4,6-trichlorophenol;
(ix) 1,3,4-trichloro-2-(4-nitrophenoxy)benzene;
(x) 2,4-dichloro-1-(4-nitrophenoxy)benzene; or
(xi) 2,4-dichloro-1-(3-methoxy-4-nitrophenoxy)-benzene;'.
3. The amendment made by this instrument applies to all matters to which Instrument No. 89 of 2007, as amended by Instrument No. 43 of 2009, section 120A of the Veterans’ Entitlements Act 1986 and section 338 of the Military Rehabilitation and Compensation Act 2004 apply.
4. The amendment made by this instrument takes effect from 10 November 2010.
Dated this twenty-seventh day of October 2010
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of )
KEN DONALD
CHAIRPERSON