Federal Register of Legislation
Statement of Principles concerning PRESBYOPIA (Balance of Probabilities) (No. 23 of 2017) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.
Dated 24 February 2017
The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:
Professor Nicholas Saunders AO Chairperson
Contents 1 Name 2 Commencement 3 Authority 4 Revocation 5 Application 6 Definitions 7 Kind of injury, disease or death to which this Statement of Principles relates 8 Basis for determining the factors 9 Factor that must exist 10 Relationship to service Schedule 1 - Dictionary 1 Definitions
1 Name This is the Statement of Principles concerning presbyopia (Balance of Probabilities) (No. 23 of 2017). 2 Commencement This instrument commences on 27 March 2017. 3 Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 4 Revocation The Statement of Principles concerning presbyopia No. 118 of 2007 made under subsection 196B(3) of the VEA is revoked. 5 Application This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies. 6 Definitions The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument. 7 Kind of injury, disease or death to which this Statement of Principles relates (1) This Statement of Principles is about presbyopia and death from presbyopia. Meaning of presbyopia (2) For the purposes of this Statement of Principles, presbyopia means physiologically blurred near vision due to a reduction in the power of accommodation of the lens of the eye. (3) While presbyopia attracts ICD‑10‑AM code H52.4, in applying this Statement of Principles the meaning of presbyopia is that given in subsection (2). (4) For subsection (3), a reference to an ICD‑10‑AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD‑10‑AM), Ninth Edition, effective date of 1 July 2015, copyrighted by the Independent Hospital Pricing Authority, ISBN 978‑1‑76007‑020‑5. Death from presbyopia (5) For the purposes of this Statement of Principles, presbyopia, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's presbyopia. Note: terminal event is defined in the Schedule 1 – Dictionary. 8 Basis for determining the factors On the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that presbyopia and death from presbyopia can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA. Note: relevant service is defined in the Schedule 1 – Dictionary. 9 Factor that must exist The factor that must exist before it can be said that, on the balance of probabilities, presbyopia or death from presbyopia is connected with the circumstances of a person's relevant service is inability to obtain appropriate clinical management for presbyopia. 10 Relationship to service The existence in a person of the factor referred to in section 9, applies only to material contribution to, or aggravation of, presbyopia where the person's presbyopia was suffered or contracted before or during (but did not arise out of) the person's relevant service.
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