Amendment Statement of Principles

concerning

CHRONIC OBSTRUCTIVE PULMONARY DISEASE

No. 128 of 2015

for the purposes of the

Veterans' Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

1. This Instrument may be cited as Amendment Statement of Principles concerning chronic obstructive pulmonary disease No. 128 of 2015.
2. The Repatriation Medical Authority amends, under subsection 196B(8) of the Veterans' Entitlements Act 1986, Statement of Principles concerning chronic obstructive pulmonary disease Instrument No. 37 of 2014, by:

(A)        Inserting a new factor "(ga)" following factor "(g)" in clause 6 as follows:

"(ga) inhaling dust at a concentration of greater than five milligrams per cubic metre:

(i)       for a cumulative period of at least 10 000 hours, before the clinical onset of chronic obstructive pulmonary disease; and

(ii)     where that exposure has ceased, the clinical onset of chronic obstructive pulmonary disease has occurred within 20 years of cessation; or";

(B)         Inserting a new factor "(pa)" following factor "(p)" in clause 6 as follows:

"(pa) inhaling dust at a concentration of greater than five milligrams per cubic metre:

(i)       for a cumulative period of at least 10 000 hours, before the clinical worsening of chronic obstructive pulmonary disease; and

(ii)     where that exposure has ceased, the clinical worsening of chronic obstructive pulmonary disease has occurred within 20 years of cessation; or";

(C)         Inserting new factor "(ra)" following factor "(r)" in clause 6 as follows:

"(ra) having at least two episodes of acute viral or bacterial lower respiratory tract infection requiring medical treatment within the one year before the clinical worsening of chronic obstructive pulmonary disease; or";

(D)        Replacing the definition of "a respiratory tract irritant from the specified list" in clause 9 as follows:

'"a respiratory tract irritant from the specified list" means:

(a)          ammonia;

(b)          chlorine;

(c)          dust;

(d)          Lewisite;

(e)          oxides of nitrogen;

(f)           oxides of sulphur;

(g)          phosgene;

(h)          phthalic anhydride;

(i)            smoke from fires;

(j)            sulphur mustard (mustard gas); or

(k)          another respirable agent which causes comparable tissue damage;';

and

(E)         Inserting a definition of "dust" in clause 9 as follows:

'"dust" means airborne particulate matter consisting of poorly soluble solid particles of organic or inorganic matter, of diameter between 0.5 μm and 75 μm, which settle slowly under the influence of gravity, and which are formed by natural forces or mechanical processes such as crushing, grinding, milling, drilling, demolition, shovelling or sweeping of mineral or biological matter such as coal, grain, metal, rock or wood;'.

3.                  The amendments made by this instrument apply to all matters to which Instrument No. 37 of 2014, section 120A of the Veterans' Entitlements Act 1986 and section 338 of the Military Rehabilitation and Compensation Act 2004 apply.

4.                  The amendments made by this instrument take effect from 16 November 2015.

Dated this   sixteenth   day of   October   2015

The Common Seal of the  )

Repatriation Medical Authority )

was affixed at the direction of: )

PROFESSOR NICHOLAS SAUNDERS AO

CHAIRPERSON