Statement of Principles concerning malignant neoplasm of the prostate No. 54 of 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L00523

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Statement of Principles
concerning
 
MALIGNANT NEOPLASM OF THE PROSTATE
No. 54 of 2014
 
for the purposes of the
 
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
Title
1.         This Instrument may be cited as Statement of Principles concerning malignant neoplasm of the prostate No. 54 of 2014.
Determination
2.         The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a)        revokes Instrument No. 29 of 2005, as amended by Instrument No. 78 of 2012, concerning malignant neoplasm of the prostate; and
(b)       determines in their place this Statement of Principles.
Kind of injury, disease or death
3.         (a)        This Statement of Principles is about malignant neoplasm of the prostate and death from malignant neoplasm of the prostate.
(b)        For the purposes of this Statement of Principles, "malignant neoplasm of the prostate" means a primary malignant neoplasm arising from the cells of the prostate gland.  This definition excludes prostatic intraepithelial neoplasia, soft tissue sarcoma, carcinoid tumour, non-Hodgkin’s lymphoma and Hodgkin’s lymphoma.
(c)        Malignant neoplasm of the prostate attracts ICD-10-AM code C61.
(d)       In the application of this Statement of Principles, the definition of "malignant neoplasm of the prostate" is that given at paragraph 3(b) above.
Basis for determining the factors
4.         After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that it is more probable than not on the sound medical-scientific evidence available, that the only factor that can be related to the cause of or material contribution to or aggravation of malignant neoplasm of the prostate or death from malignant neoplasm of the prostate and which can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA) is that set out in clause 5.
Factors that must be related to service
5.         The factor that must exist before it can be said that, on the balance of probabilities, in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating malignant neoplasm of the prostate or death from malignant neoplasm of the prostate is inability to obtain appropriate clinical management for malignant neoplasm of the prostate.
Other definitions
6.         For the purposes of this Statement of Principles:
"death from malignant neoplasm of the prostate" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s malignant neoplasm of the prostate;
"ICD-10-AM code" means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Australian Modification (ICD-10-AM), Eighth Edition, effective date of 1 July 2013, copyrighted by the Independent Hospital Pricing Authority, and having ISBN 978-1-74128-213-9;
"relevant service" means:
(a)                eligible war service (other than operational service) under the VEA;
(b)               defence service (other than hazardous service and British nuclear test defence service) under the VEA; or
(c)                peacetime service under the MRCA;
"terminal event" means the proximate or ultimate cause of death and includes:
(a)                pneumonia;
(b)               respiratory failure;
(c)                cardiac arrest;
(d)               circulatory failure; or
(e)                cessation of brain function.
Application
7.         This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.
Date of effect
8.         This Instrument takes effect from 14 May 2014.
Dated this  eighth   day of   May   2014
The Common Seal of the                    )
Repatriation Medical Authority          )
was affixed at the direction of:          )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON