Statement of Principles concerning chronic pancreatitis No. 105 of 2011

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Statement of Principles
concerning
 
CHRONIC PANCREATITIS
No. 105 of 2011
 
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 chronic pancreatitis No. 105 of 2011.
 
Determination
2.         The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a)        revokes Instrument No. 58 of 2001 concerning chronic pancreatitis; and
(b)        determines in its place this Statement of Principles.
 
Kind of injury, disease or death
3.         (a)        This Statement of Principles is about chronic pancreatitis and death from chronic pancreatitis.
(b)              For the purposes of this Statement of Principles, "chronic pancreatitis" means a progressive inflammatory disease of the pancreas resulting in irreversible morphological change with fibrosis of the organ. Loss of exocrine and endocrine function results from fibrosis and parenchymal damage.
(c)              Chronic pancreatitis attracts ICD-10-AM code K86.0 or K86.1.
(d)              In the application of this Statement of Principles, the definition of "chronic pancreatitis" is that given at paragraph 3(b) above.
 
Basis for determining the factors
4.         On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that chronic pancreatitis and death from chronic pancreatitis 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).
 
Factors that must be related to service
5.         Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.
 
Factors
6.         The factor that must exist before it can be said that, on the balance of probabilities, chronic pancreatitis or death from chronic pancreatitis is connected with the circumstances of a person’s relevant service is:
 
 
(a)                consuming at least 90 kilograms of alcohol:
(i)         within any five year period before the clinical onset of chronic pancreatitis; and
(ii)        where alcohol consumption has ceased, the clinical onset occurred within five years of cessation; or
 
(b)               having complete or partial obstruction of the ductal system draining the secretions of the exocrine pancreas at the time of the clinical onset of chronic pancreatitis; or
 
(c)                having received a cumulative equivalent dose of at least 20 sieverts of ionising radiation to the pancreas, at least two years before the clinical onset of chronic pancreatitis; or
 
(d)               undergoing a course of therapeutic radiation, where the pancreas was in the field of radiation, at least two years before the clinical onset of chronic pancreatitis; or
 
(e)                having hyperparathyroidism at the time of the clinical onset of chronic pancreatitis; or
 
(f)                having an episode of acute pancreatitis before the clinical onset of chronic pancreatitis; or
 
(g)               smoking at least 25 pack-years of cigarettes or the equivalent thereof in other tobacco products, before the clinical onset of chronic pancreatitis, and where smoking has ceased, the clinical onset has occurred within ten years of cessation; or
 
(h)               having cholelithiasis at the time of the clinical onset of chronic pancreatitis; or
 
(i)                 having hypertriglyceridaemia resulting in triglyceride levels above 1000 milligrams per decilitre (or 11.3 millimoles per litre) at the time of the clinical onset of chronic pancreatitis; or
 
(j)                 inability to obtain appropriate clinical management for chronic pancreatitis.
 
Factors that apply only to material contribution or aggravation
7.         Paragraph 6(j) applies only to material contribution to, or aggravation of, chronic pancreatitis where the person’s chronic pancreatitis was suffered or contracted before or during (but not arising out of) the person’s relevant service.
 
Inclusion of Statements of Principles
8.                  In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.
 
Other definitions
9.                  For the purposes of this Statement of Principles:
 
"a course of therapeutic radiation" means one or more fractions (treatment portions) of ionising radiation administered with the aim of achieving palliation or cure with gamma rays, x-rays, alpha particles or beta particles;
 
"cumulative equivalent dose" means the total dose of ionising radiation received by the particular organ or tissue. The formula used to calculate the cumulative equivalent dose allows doses from multiple types of ionising radiation to be combined, by accounting for their differing biological effect. The unit of equivalent dose is the sievert. For the purposes of this Statement of Principles, the calculation of cumulative equivalent dose excludes doses received from normal background radiation, but includes therapeutic radiation, diagnostic radiation, cosmic radiation at high altitude, radiation from occupation-related sources and radiation from nuclear explosions or accidents;
 
"death from chronic pancreatitis" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s chronic pancreatitis;
 
"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), Seventh Edition, effective date of 1 July 2010, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 978 1 74210 154 5;
 
"pack-years of cigarettes, or the equivalent thereof in other tobacco products" means a calculation of consumption where one pack-year of cigarettes equals twenty tailor-made cigarettes per day for a period of one calendar year, or 7300 cigarettes. One tailor-made cigarette approximates one gram of tobacco or one gram of cigar or pipe tobacco by weight. One pack-year of tailor-made cigarettes equates to 7300 cigarettes, or 7.3 kilograms of smoking tobacco by weight. Tobacco products means either cigarettes, pipe tobacco or cigars smoked, alone or in any combination;
 
"relevant service" means:
(a)        eligible war service (other than operational service) under the VEA; or
(b)       defence service (other than hazardous 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
10.       This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.
 
Date of effect
11.       This Instrument takes effect from 31 August 2011.
 
Dated this   nineteenth   day of   August   2011
 
 
The Common Seal of the                    )
Repatriation Medical Authority          )
was affixed to this instrument                        )
in the presence of:                               )
 
KEN DONALD
CHAIRPERSON

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