Advanced Search

Statement of Principles concerning albinism No. 46 of 2007

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
 
 
Statement of Principles
concerning
 
ALBINISM
No. 46 of 2007
 
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 albinism No. 46 of 2007.
 
Determination
2.                  The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a)       revokes Instrument No. 50 of 1995 concerning albinism; and
(b)       determines in its place this Statement of Principles.
 
Kind of injury, disease or death
3.         (a)        This Statement of Principles is about albinism and death from albinism.
(b)              For the purposes of this Statement of Principles, "albinism" means one of a heterogeneous group of genetic conditions having in common an error of melanin metabolism resulting in misrouting of optic nerve fibres during embryogenesis, underdevelopment of the neuroretinas, and varying degrees of hypopigmentation of eyes, skin, and hair.  This definition includes oculocutaneous albinism and ocular albinism.
 
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 albinism or death from albinism 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 albinism or death from albinism is inability to obtain appropriate clinical management for albinism.
 
Other definitions
6.         For the purposes of this Statement of Principles:
 
"death from albinism" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s albinism;
 
"relevant service" means:
(a)       eligible war service (other than operational service) under the VEA; or
(b)              defence service (other than hazardous 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 9 May 2007.
 
Dated this       twenty-fourth day of             April         2007
 
 
The Common Seal of the                  )
Repatriation Medical Authority       )
was affixed to this instrumen           )
in the presence of:                            )
 
KEN DONALD
CHAIRPERSON