Federal Register of Legislation - Australian Government

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No. 36 of 2011 Determinations/Veterans' Entitlements as made
Amendment of Statement of Principles concerning osteoarthritis.
Administered by: Veterans' Affairs
Registered 13 May 2011
Tabling HistoryDate
Tabled HR23-May-2011
Tabled Senate15-Jun-2011
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

 

Amendment Statement of Principles

concerning

 

OSTEOARTHRITIS

No. 36 of 2011

 

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 osteoarthritis No. 36 of 2011.

 

2.                     The Repatriation Medical Authority amends, under subsection 196B(8) of the Veterans’ Entitlements Act 1986, Statement of Principles concerning osteoarthritis Instrument No. 14 of 2010 by:

 

(A)        Replacing the wording of clause 3(b) with the following:

"For the purposes of this Statement of Principles, "osteoarthritis" means a degenerative joint disorder with:

(i)        clinical manifestations of pain, impaired function and stiffness; and

(ii)       radiological, other imaging or arthroscopic evidence of loss of articular cartilage or osteophytes.

Other commonly associated features are sclerosis of the underlying bone, inflammation of the synovium and, for osteoarthritis in the knee, degenerative tears of the menisci. This definition excludes acute traumatic chondral defect and osteochondritis dissecans.";

 


(B)         Replacing factor "(j)" in clause 6 with the following:

"(j)       for osteoarthritis of a joint of the upper limb only, performing any combination of repetitive activities or forceful activities for an average of at least 30 hours per week, for a continuous period of at least 20 years before the clinical onset of osteoarthritis in that joint; or"; and

 

(C)         Replacing factor "(dd)" in clause 6 with the following:

"(dd)   for osteoarthritis of a joint of the upper limb only, performing any combination of repetitive activities or forceful activities for an average of at least 30 hours per week, for a continuous period of at least 20 years before the clinical worsening of osteoarthritis in that joint; or".

 

3.                     The amendment made by this instrument applies to all matters to which Instrument No. 14 of 2010, section 120B of the Veterans’ Entitlements Act 1986 and section 339 of the Military Rehabilitation and Compensation Act 2004 apply.

 

4.                     The amendment made by this instrument takes effect from 25 May 2011.

 

 

Dated this   ninth   day of   May   2011

 

 

The Common Seal of the                    )

Repatriation Medical Authority          )

was affixed to this instrument                        )

in the presence of:                               )

 

KEN DONALD

CHAIRPERSON