Commonwealth legislation

Amendment of Statement of Principles concerning chondromalacia patellae No. 27 of 2005

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This Act has been repealed and is no longer in force. It is retained for historical reference.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

2/10 complexity

This instrument fixes a technical error in the medical rules for deciding veterans' compensation claims for chondromalacia patellae by removing an incorrect listing of "cessation of brain function" as a type of service and instead introducing a proper "terminal event" definition (eg, cessation of brain function, cardiac arrest, respiratory failure). It clarifies how the terminal cause of death is assessed for death benefit claims under the Veterans' Entitlements Act and Military Rehabilitation and Compensation Act.

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Amendment of Statement of Principles concerning chondromalacia patellae No. 27 of 2005

Instrument No. 27 of 2005

Amendment of Statement of Principles

concerning

CHONDROMALACIA PATELLAE

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

(a) The Repatriation Medical Authority amends, under subsection 196B(3) of the Veterans’ Entitlements Act 1986, Instrument No. 34 of 2001, by:

in clause 8, in the definition of ‘relevant service’, deleting the words and symbols “(e) cessation of brain function”;

B. in clause 8, inserting after the definition of “relevant service” the following definition:

“terminal event” means the proximate or ultimate cause of death and includes:

(a) pneumonia;

(b) respiratory failure;

(d) circulatory failure; or

(e) cessation of brain function.”

The amendment made by this instrument applies to all matters to which Instrument No. 34 of 2001, section 120B of the Veterans’ Entitlements Act 1986 and section 339 of the Military Rehabilitation and Compensation Act 2004 apply.
The amendment made by this instrument takes effect from 20 July 2005.

Dated this eighth day of July 2005

The Common Seal of the )

Repatriation Medical Authority )

was affixed to this instrument )

in the presence of )

KEN DONALD

CHAIRPERSON

Source text

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

1 Amendment of Statement of Principles concerning chondromalacia patellae No. 27 of 2005