Statement of Principles
FAMILIAL ADENOMATOUS POLYPOSIS
No. 39 of 2013
for the purposes of the
Veterans’ Entitlements Act 1986
Military Rehabilitation and Compensation Act 2004
1. This Instrument may be cited as Statement of Principles concerning familial adenomatous polyposis No. 39 of 2013.
2. The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a) revokes Instrument No. 60 of 2002 concerning familial adenomatous polyposis; and
(b) determines in its place this Statement of Principles.
Kind of injury, disease or death
3. (a) This Statement of Principles is about familial adenomatous polyposis and death from familial adenomatous polyposis.
(b) For the purposes of this Statement of Principles, "familial adenomatous polyposis" means an inherited autosomal dominant syndrome caused by germ-line mutation of the adenomatous polyposis coli gene, characterised by the formation of more than 100 colorectal adenomas.
Basis for determining the factors
4. After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that the only factor that may be related to the cause of or material contribution to or aggravation of familial adenomatous polyposis or death from familial adenomatous polyposis and which 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 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 as a minimum exist in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating familial adenomatous polyposis or death from familial adenomatous polyposis is inability to obtain appropriate clinical management for familial adenomatous polyposis.
6. For the purposes of this Statement of Principles:
"death from familial adenomatous polyposis" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s familial adenomatous polyposis;
"relevant service" means:
(a) operational service under the VEA;
(b) peacekeeping service under the VEA;
(c) hazardous service under the VEA;
(d) British nuclear test defence service under the VEA;
(e) warlike service under the MRCA; or
(f) non-warlike service under the MRCA;
"terminal event" means the proximate or ultimate cause of death and includes:
(b) respiratory failure;
(c) cardiac arrest;
(d) circulatory failure; or
(e) cessation of brain function.
7. This Instrument applies to all matters to which section 120A of the VEA or section 338 of the MRCA applies.
Date of effect
8. This Instrument takes effect from 3 July 2013.
Dated this twenty-first day of June 2013
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
PROFESSOR NICHOLAS SAUNDERS AO