Commonwealth legislation

Statement of Principles concerning diabetes mellitus No. 9 of 2008

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This Act has been repealed and is no longer in force. It is retained for historical reference.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 technical update to veterans’ medical rules narrows and clarifies how Coxsackie B virus is treated in diabetes compensation claims: it applies only to type 1 diabetes and requires specific laboratory proof (positive serology or PCR for viral RNA). It also removes obsolete virus definitions. The change affects veterans and decision-makers by tightening scientific standards for linking diabetes to service and preventing misapplication of the Coxsackie B factor to type 2 cases.

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Statement of Principles concerning diabetes mellitus No. 9 of 2008

Amendment Statement of Principles

concerning

DIABETES MELLITUS

No. 9 of 2008

for the purposes of the

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

This Instrument may be cited as Statement of Principles concerning diabetes mellitus No. 9 of 2008.
The Repatriation Medical Authority amends, under subsection 196B(8) of the Veterans’ Entitlements Act 1986, Statement of Principles concerning diabetes mellitus Instrument No. 11 of 2004 by:

(A) replacing factors (a) and (v) in clause 5 with the following:

"(a) for type 1 diabetes only, being infected with a Coxsackie B virus before the clinical onset of diabetes mellitus; or"; and

"(v) for type 1 diabetes only, being infected with a Coxsackie B virus before the clinical worsening of diabetes mellitus; or";

(B) deleting the definitions of "rubella virus" and "Coxsackie B virus" in clause 8; and

(C) inserting the following definition of "being infected with a Coxsackie B virus" after the definition of "acromegaly" in clause 8:

'"being infected with a Coxsackie B virus" means

(i) having positive serology for a Coxsackie B virus; or

(ii) being positive on polymerase chain reaction testing for Coxsackie B virus ribonucleic acid (RNA);'.

The amendment made by this instrument applies to all matters to which Instrument No.11 of 2004, section 120A of the Veterans’ Entitlements Act 1986 and section 338 of the Military Rehabilitation and Compensation Act 2004 apply.
The amendment made by this instrument takes effect from 9 January 2008.

Dated this twentieth day of December 2007

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 Statement of Principles concerning diabetes mellitus No. 9 of 2008