Document ID: chunk:federal_register_of_legislation:F2017C00869:schedule:1:p1
Version: federal_register_of_legislation:F2017C00869
Segment Type: schedule
Provision Reference: sch 1 (pt 1/4)
Character Range: 2937–6180

Schedule 1 - Dictionary

       1 Definitions

      1               Name

      This is the Statement of Principles concerning acquired cataract (Balance of Probabilities) (No. 88 of 2016).

      2               Commencement

       This instrument commences on 28 November 2016.

      3               Authority

      This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.

      4               Revocation

      The Statement of Principles concerning acquired cataract No. 40 of 2008, as amended, made under subsections 196B(3) and (8) 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 acquired cataract and death from acquired cataract.

      Meaning of acquired cataract

         (2)          For the purposes of this Statement of Principles, acquired cataract means an opacification of the lens or lens capsule of the eye which causes visual impairment and which is not due to congenital or infantile cataract or lens malformation.

         (3)          While acquired cataract attracts ICD‑10‑AM code H25, H26.1-H26.9, H28.1 or H28.2, in applying this Statement of Principles the meaning of acquired cataract 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 acquired cataract

         (5)          For the purposes of this Statement of Principles, acquired cataract, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's acquired cataract.

            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 acquired cataract and death from acquired cataract 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               Factors that must exist

      At least one of the following factors must exist before it can be said that, on the balance of probabilities, acquired cataract or death from acquired cataract is connected with the circumstances of a person's relevant service:

         (1)          having sunlight exposure to the eye for at least 4 500