Commonwealth legislation

Statement of Principles concerning labral tear No. 95 of 2010

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This Act has been repealed and is no longer in force. It is retained for historical reference.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

3/10 complexity

This instrument defines when a labral tear (shoulder or hip cartilage injury) is treated as service-related for veterans’ compensation. It covers most types of military service under the VEA and MRCA, treats deaths from terminal events caused by the tear as death from the tear, and allows related secondary conditions to be assessed under their own applicable Statements of Principles. It ensures compensation for the injury, fatal complications, and linked diseases.

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Current sections

Direct links to the current provisions in Statement of Principles concerning labral tear No. 95 of 2010.

Inclusion of Statements of Principles

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

For the purposes of this Statement of Principles:

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

"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

"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.

Date of effect

This Instrument takes effect from 10 November 2010.

Dated this twenty-seventh day of October 2010

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.

Inclusion of Statements of Principles Inclusion of Statements of Principles