Commonwealth legislation

Amendment of Statement of Principles concerning polycythaemia vera No. 12 of 2001

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

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Commonwealth

Collection

legislative instrument

Plain English Summary

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This changes how veterans with polycythaemia vera can link the disease to service for compensation: previous service-related risk factors are removed and replaced by a single test — whether the veteran was unable to obtain appropriate clinical management for the condition while serving.

It affects veterans and their dependants claiming under the Veterans' Entitlements Act and materially narrows eligibility unless lack of access to proper treatment during service can be shown.

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Direct links to the current provisions in Amendment of Statement of Principles concerning polycythaemia vera No. 12 of 2001.

Amendment of Statement of Principles concerning polycythaemia vera No. 12 of 2001

Instrument No.12 of 2001

Amendment of Statement of Principles

concerning

POLYCYTHAEMIA VERA

ICD-10-AM CODE: D45

Veterans’ Entitlements Act 1986

The Repatriation Medical Authority amends, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 and subsection 33(3) of the Acts Interpretation Act 1901, Instrument No.79 of 1999 by:
deleting clause 3 and inserting in its place the following clause:

“3. After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that it is more probable than not on the sound medical-scientific evidence available, that the only factor that can be related to the cause of or material contribution to or aggravation of polycythaemia vera or death from polycythaemia vera and which can be related to relevant service is that set out in clause 4.”

B. deleting clause 4 and inserting in its place the following clause:

“4. The factor that must exist before it can be said that, on the balance of probabilities, in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating polycythaemia vera or death from polycythaemia vera is inability to obtain appropriate clinical management for polycythaemia vera.”

C deleting the headnotes to and clauses 5 and 6.

D. renumbering clauses 7, 8 and 9 as clauses 5, 6 and 7.

The amendments made by this instrument apply to all matters to which Instrument No.79 of 1999 and section 120B of the Act apply.

Dated this Third day of January 2001

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 polycythaemia vera No. 12 of 2001