Statement of Principles concerning spina bifida No. 61 of 2007

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Statement of Principles
concerning
 
SPINA BIFIDA
No. 61 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 spina bifida No. 61 of 2007.
 
Determination
2.                  The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
 
(a)       revokes Instrument No. 59 of 1995 concerning spina bifida; and
 
(b)       determines in its place this Statement of Principles.
 
Kind of injury, disease or death
3.                  (a)       This Statement of Principles is about spina bifida and death from spina bifida.
(b)              For the purposes of this Statement of Principles, "spina bifida" means a congenital malformation characterised by incomplete closure of the bony encasement of the spinal cord, through which the cord and meninges may protrude.
(c)              Spina bifida attracts ICD-10-AM code Q05 or Q76.0.
(d)              In the application of this Statement of Principles, the definition of "spina bifida" 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 there is sound medical-scientific evidence that indicates that the only factor that may be related to the cause of or material contribution to or aggravation of spina bifida or death from spina bifida and which 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) is that set out in clause 5.
 
Factors that must be related to service
5.                  The factor that must as a minimum exist in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating spina bifida or death from spina bifida is inability to obtain appropriate clinical management for spina bifida.
 
Other definitions
6.                  For the purposes of this Statement of Principles:
 
"death from spina bifida" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s spina bifida;
 
"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), Fifth Edition, effective date of 1 July 2006, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 772 3;
 
"relevant service" means:
(a)       operational service under the VEA; or
(b)       peacekeeping service under the VEA; or
(c)              hazardous service under the VEA; or
(d)              warlike service under the MRCA; or
(e)              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
7.                  This Instrument applies to all matters to which section 120A of the VEA or section 338 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 instrument          )
in the presence of:                            )
 
KEN DONALD
CHAIRPERSON

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