Statement of Principles
No. 10 of 2011
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 Kaposi's sarcoma No. 10 of 2011.
2. The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans' Entitlements Act 1986 (the VEA):
(a) revokes Instrument No. 160 of 1996 concerning Kaposi's sarcoma; and
(b) determines in its place this Statement of Principles.
Kind of injury, disease or death
3. (a) This Statement of Principles is about Kaposi's sarcoma and death from Kaposi's sarcoma.
(b) For the purposes of this Statement of Principles, "Kaposi's sarcoma" means a multicentric neoplasm with phenotypic markers for lymphatic endothelium, as well as vascular smooth muscle cells. Kaposi's sarcoma presents with plaques or papules which may be red, purple, brown or black and occurs on the skin, mucous membranes and viscera.
(c) Kaposi's sarcoma attracts ICD-10-AM code C46.
(d) In the application of this Statement of Principles, the definition of "Kaposi's sarcoma" 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 Kaposi's sarcoma and death from Kaposi's sarcoma 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.
6. The factor that must exist before it can be said that, on the balance of probabilities, Kaposi's sarcoma or death from Kaposi's sarcoma is connected with the circumstances of a person's relevant service is:
(a) being infected with human herpesvirus type 8 before the clinical onset of Kaposi's sarcoma; or
(b) being infected with human immunodeficiency virus before the clinical onset of Kaposi's sarcoma; or
(c) receiving systemic immunosuppressive drug therapy after undergoing solid organ or bone marrow transplantation, at the time of the clinical onset of Kaposi's sarcoma; or
(d) undergoing treatment with azathioprine, cyclophosphamide, methotrexate or mycophenolate for a continuous period of at least three months, within the six months before the clinical onset of Kaposi's sarcoma; or
(e) inability to obtain appropriate clinical management for Kaposi's sarcoma.
Factors that apply only to material contribution or aggravation
7. Paragraph 6(e) applies only to material contribution to, or aggravation of, Kaposi's sarcoma where the person's Kaposi's sarcoma 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.
9. For the purposes of this Statement of Principles:
"death from Kaposi's sarcoma" in relation to a person includes death from a terminal event or condition that was contributed to by the person's Kaposi's sarcoma;
"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;
"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:
(b) respiratory failure;
(c) cardiac arrest;
(d) circulatory failure; or
(e) cessation of brain function.
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 5 January 2011.
Dated this fourteenth day of December 2010
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )