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No. 101 of 2011 Determinations/Veterans' Entitlements as amended, taking into account amendments up to Veterans' Entitlements (Statements of Principles—Category 1B Stressor) Amendment Determination 2018 (No. 87 of 2018)
Administered by: Veterans' Affairs
Registered 24 Sep 2018
Start Date 24 Sep 2018

Commonwealth Coat of Arms

Statement of Principles concerning multiple sclerosis No. 101 of 2011

made under subsection 196B(3) of the

Veterans' Entitlements Act 1986

Compilation No. 1               

Compilation date:                              24 September 2018

Includes amendments up to:           Veterans' Entitlements (Statements of Principles—Category 1B Stressor) Amendment Determination 2018 (No. 87 of 2018) (F2018L01188)

The day of commencement of this Amendment Determination is 24 September 2018.

About this compilation

 

This compilation

This is a compilation of the Statement of Principles concerning multiple sclerosis No. 101 of 2011 that shows the text of the law as amended and in force on 24 September 2018.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

  

  

  


RMA-Red

 

Statement of Principles

concerning

 

MULTIPLE SCLEROSIS

No. 101 of 2011

 

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 multiple sclerosis No. 101 of 2011.

 

Determination

2.         The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):

(a)        revokes Instrument No. 45 of 2002 concerning multiple sclerosis; and

(b)        determines in its place this Statement of Principles.

 

Kind of injury, disease or death

3.         (a)        This Statement of Principles is about multiple sclerosis and death from multiple sclerosis.

(b)              For the purposes of this Statement of Principles, "multiple sclerosis" means a relapsing-remitting or progressive neurological disorder characterised by foci of demyelinisation, perivascular inflammation and scarring involving the white matter of the central nervous system. Clinical manifestations include visual loss, extra-ocular movement disorders, paraesthesiae, loss of sensation, weakness, dysarthria, spasticity, ataxia and bladder dysfunction.

(c)              Multiple sclerosis attracts ICD-10-AM code G35.

(d)              In the application of this Statement of Principles, the definition of "multiple sclerosis" is that given at paragraph 3(b) above.

 

Basis for determining the factors

4.         On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that multiple sclerosis and death from multiple sclerosis 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).

 

Factors that must be related to service

5.         Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.

 

Factors

6.         The factor that must exist before it can be said that, on the balance of probabilities, multiple sclerosis or death from multiple sclerosis is connected with the circumstances of a person’s relevant service is:

 

(a)                having acute infectious mononucleosis before the clinical onset of multiple sclerosis; or

 

(b)               smoking at least ten pack-years of cigarettes, or the equivalent thereof in other tobacco products, before the clinical onset of multiple sclerosis, and where smoking has ceased, the clinical onset of multiple sclerosis has occurred within five years of cessation; or

 

(c)                having vitamin D deficiency for at least one year before the clinical onset of multiple sclerosis, where this vitamin D deficiency occurred more than ten years before the clinical onset of multiple sclerosis; or

 

(d)               having onset of a viral or bacterial infection within the five weeks before or the two weeks after the clinical worsening of multiple sclerosis; or

 

(e)                smoking at least ten pack-years of cigarettes, or the equivalent thereof in other tobacco products, before the clinical worsening of multiple sclerosis, and where smoking has ceased, the clinical worsening of multiple sclerosis has occurred within five years of cessation; or

 

(f)                undergoing a course of treatment with a drug or a drug from a class of drugs from the specified list within the six months before the clinical worsening of multiple sclerosis; or

 

(g)               experiencing a category 1A stressor within the three months before the clinical worsening of multiple sclerosis; or

 

(h)               experiencing a category 1B stressor within the three months before the clinical worsening of multiple sclerosis; or

 

(i)                 experiencing the death of a significant other within the three months before the clinical worsening of multiple sclerosis; or

 

(j)                 experiencing a category 2 stressor within the three months before the clinical worsening of multiple sclerosis; or

 

(k)               having a medical illness or injury, other than multiple sclerosis, which is life-threatening or which results in serious physical or cognitive disability, within the three months before the clinical worsening of multiple sclerosis; or

 

(l)                 inability to obtain appropriate clinical management for multiple sclerosis.

 

Factors that apply only to material contribution or aggravation

7.         Paragraphs 6(d) to 6(l) apply only to material contribution to, or aggravation of, multiple sclerosis where the person’s multiple sclerosis was suffered or contracted before or during (but not arising out of) the person’s relevant service.

 

Inclusion of Statements of Principles

8.                  In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.


 

Other definitions

9.                  For the purposes of this Statement of Principles:

 

"a category 1A stressor" means one or more of the following severe traumatic events:

(a)              experiencing a life-threatening event;

(b)              being subject to a serious physical attack or assault including rape and sexual molestation; or

(c)              being threatened with a weapon, being held captive, being kidnapped, or being tortured;

 

"a category 1B stressor" means one of the following severe traumatic events:

(a)        killing or maiming a person;

(b)        being an eyewitness to a person being killed or critically injured;

(c)        being an eyewitness to atrocities inflicted on another person;

(d)        participating in the clearance of a corpse or a critically injured casualty; or

(e)        viewing a corpse or a critically injured casualty as an eyewitness;

 

"a category 2 stressor" means one or more of the following negative life events, the effects of which are chronic in nature and cause the person to feel on-going distress, concern or worry:

(a)              being socially isolated and unable to maintain friendships or family relationships, due to physical location, language barriers, disability, or medical or psychiatric illness;

(b)              experiencing a problem with a long-term relationship including: the break-up of a close personal relationship, the need for marital or relationship counselling, marital separation, or divorce;

(c)              having concerns in the work or school environment including: on-going disharmony with fellow work or school colleagues, perceived lack of social support within the work or school environment, perceived lack of control over tasks performed and stressful work loads, or experiencing bullying in the workplace or school environment;

(d)              experiencing serious legal issues including: being detained or held in custody, on-going involvement with the police concerning violations of the law, or court appearances associated with personal legal problems;

(e)              having severe financial hardship including: loss of employment, long periods of unemployment, foreclosure on a property, or bankruptcy;

(f)               having a family member or significant other experience a major deterioration in their health; or

(g)              being a full-time caregiver to a family member or significant other with a severe physical, mental or developmental disability;

 

"a corpse" means the human remains or body parts of one or more persons who have met a violent or horrific death; 

Note:     Examples of a violent or horrific death may include death due to suicide, gunshot, improvised explosive devices, natural and technological disasters, terrorist attacks or motor vehicle accidents.  Seeing a closed body bag or viewing a body in an open-casket coffin are excluded from this definition.

 

"a drug or a drug from a class of drugs from the specified list" means:

(a)                carbamazepine;

(b)               interferon;

(c)                statin; or

(d)               tumour necrosis factor alpha antagonists;

 

"an eyewitness" means a person who experiences an incident first hand and can give direct evidence of it.  This excludes persons exposed only to public broadcasting or mass media coverage of the incident;

 

"a significant other" means a person who has a close family bond or a close personal relationship and is important or influential in one’s life;

 

"death from multiple sclerosis" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s multiple sclerosis;

 

"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), Seventh Edition, effective date of 1 July 2010, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 978 1 74210 154 5;

 

"pack-years of cigarettes, or the equivalent thereof in other tobacco products" means a calculation of consumption where one pack-year of cigarettes equals twenty tailor-made cigarettes per day for a period of one calendar year, or 7300 cigarettes. One tailor-made cigarette approximates one gram of tobacco or one gram of cigar or pipe tobacco by weight. One pack-year of tailor-made cigarettes equates to 7300 cigarettes, or 7.3 kilograms of smoking tobacco by weight. Tobacco products means either cigarettes, pipe tobacco or cigars smoked, alone or in any combination;

 

"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;

 

"vitamin D deficiency" means a serum 25-hydroxyvitamin D level of less than 50 nanomoles per litre.

 

Application

10.       This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.

 

Date of effect

11.       This Instrument takes effect from 31 August 2011.

 

 

 

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Statement of Principles concerning multiple sclerosis No. 101 of 2011

 

25 August 2011

 

F2011L01738

31 August 2011

 

 

Veterans' Entitlements (Statements of Principles—Category 1B Stressor) Amendment Determination 2018 (No. 87 of 2018)

 

28 August 2018

 

F2018L01188

 

24 September 2018

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Clause 9 '"a category 1B stressor"……………'

rs. No. 87 of 2018

Clause 9 '"an eyewitness"……………'

rs. No. 87 of 2018

Clause 9 '"a corpse"….'

ad. No. 87 of 2018