Federal Register of Legislation
Statement of Principles concerning ACCOMMODATION DISORDER (Reasonable Hypothesis) (No. 38 of 2017) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986.
Dated 30 June 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 Factors that must exist 10 Relationship to service 11 Factors referring to an injury or disease covered by another Statement of Principles Schedule 1 - Dictionary 1 Definitions
1 Name This is the Statement of Principles concerning accommodation disorder (Reasonable Hypothesis) (No. 38 of 2017). 2 Commencement This instrument commences on 31 July 2017. 3 Authority This instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986. 4 Revocation The Statement of Principles concerning accommodation disorder No. 5 of 2009 made under subsection 196B(2) of the VEA is revoked. 5 Application This instrument applies to a claim to which section 120A of the VEA or section 338 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 accommodation disorder and death from accommodation disorder. Meaning of accommodation disorder (2) For the purposes of this Statement of Principles, accommodation disorder means: (a) the inability to adjust the lens of the eye to various distances or an inability to sustain such an adjustment; and (b) excludes processes primarily affecting the lens (presbyopia and cataract) or shape of the eyeball (myopia, hypermetropia, astigmatism), accommodative excess, and reversible paralysis of ciliary muscle function by means of pharmacological agents, except where such agents cannot be ceased or substituted. (3) While accommodation disorder attracts ICD‑10‑AM code H52.5, in applying this Statement of Principles the meaning of accommodation disorder 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 accommodation disorder (5) For the purposes of this Statement of Principles, accommodation disorder, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's accommodation disorder. Note: terminal event is defined in the Schedule 1 – Dictionary. 8 Basis for determining the factors The Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that accommodation disorder and death from accommodation disorder can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the MRCA. Note: relevant service is defined in the Schedule 1 – Dictionary. 9 Factors that must exist At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting accommodation disorder or death from accommodation disorder with the circumstances of a person's relevant service: (1) having an injury or disorder affecting the function of the oculomotor nerve or ciliary muscle of the affected eye, at the time of the clinical onset of accommodation disorder; Note: an injury or disorder affecting the function of the oculomotor nerve or ciliary muscle is defined in the Schedule 1 - Dictionary. (2) having concussion at the time of the clinical onset of accommodation disorder; (3) having moderate to severe traumatic brain injury at the time of the clinical onset of accommodation disorder; (4) being treated with atropine or an atropine-like drug, where the drug cannot be ceased or substituted, at the time of the clinical onset of accommodation disorder; Note: atropine-like drug is defined in the Schedule 1 - Dictionary. (5) being treated with a drug, or a drug from a class of drugs, from the specified list of drugs, where the drug cannot be ceased or substituted, at the time of the clinical onset of accommodation disorder; Note: specified list of drugs is defined in the Schedule 1 - Dictionary. (6) having an injury or disorder affecting the function of the oculomotor nerve or ciliary muscle of the affected eye, at the time of the clinical worsening of accommodation disorder; Note: an injury or disorder affecting the function of the oculomotor nerve or ciliary muscle is defined in the Schedule 1 - Dictionary. (7) having concussion at the time of the clinical worsening of accommodation disorder; (8) having moderate to severe traumatic brain injury at the time of the clinical worsening of accommodation disorder; (9) being treated with atropine or an atropine-like drug, where the drug cannot be ceased or substituted, at the time of the clinical worsening of accommodation disorder; Note: atropine-like drug is defined in the Schedule 1 - Dictionary. (10) being treated with a drug, or a drug from a class of drugs, from the specified list of drugs, where the drug cannot be ceased or substituted, at the time of the clinical worsening of accommodation disorder; Note: specified list of drugs is defined in the Schedule 1 - Dictionary. (11) inability to obtain appropriate clinical management for accommodation disorder. 10 Relationship to service (1) The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person. (2) The factors set out in subsections 9(6) to 9(11) apply only to material contribution to, or aggravation of, accommodation disorder where the person's accommodation disorder was suffered or contracted before or during (but did not arise out of) the person's relevant service. 11 Factors referring to an injury or disease covered by another Statement of Principles In this Statement of Principles: (1) if a factor referred to in section 9 applies in relation to a person; and (2) that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(2) of the VEA; then the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.
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