Commonwealth legislation

Amendment of Statement of Principles concerning asthma No. 37 of 2004

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

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This instrument updates the Repatriation Medical Authority’s medical definition of "asthma" used to assess compensation claims by Australian veterans and defence personnel, clarifying that asthma involves airway hyper‑reactivity causing recurrent breathlessness and wheeze and may not always be fully reversible with bronchodilators.

It also expressly covers reactive airways dysfunction syndrome and chronic airway obstruction from asthma, which will change how the Department of Veterans' Affairs evaluates related claims.

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Amendment of Statement of Principles concerning asthma No. 37 of 2004

Instrument No. 37 of 2004

Amendment of Statement of Principles

concerning

ASTHMA

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

The Repatriation Medical Authority amends, under subsection 196B(3) of the Veterans’ Entitlements Act 1986, Instrument No. 86 of 2001, by:
in paragraph 2, deleting sub-paragraph (b) and inserting in its place the following:

“(b) For the purposes of this Statement of Principles, “asthma” means a condition marked by increased responsiveness of the bronchi to various stimuli manifested by recurrent attacks of paroxysmal dyspnoea, with wheezing due to spasmodic contraction of the bronchi which characteristically responds rapidly to bronchodilators. The airflow obstruction may not be completely reversible. This definition includes chronic airway obstruction due to asthma, and reactive airways dysfunction syndrome.”

The amendment made by this instrument applies to all matters to which Instrument No. 86 of 2001, section 120B of the Veterans’ Entitlements Act 1986 and section 339 of the Military Rehabilitation and Compensation Act 2004 apply.

Dated this seventh day of October 2004

The Common Seal of the )

Repatriation Medical Authority )

was affixed to this instrument )

in the presence of )

KEN DONALD

CHAIRMAN

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Amendment of Statement of Principles concerning asthma No. 37 of 2004