Amendment of Statement of Principles concerning malignant neoplasm of the lung No. 42 of 2011 (Cth)

Amendment Statement of Principles

concerning

MALIGNANT NEOPLASM OF THE LUNG

No. 42 of 2011

for the purposes of the

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

1. This Instrument may be cited as Statement of Principles concerning malignant neoplasm of the lung No. 42 of 2011.

1. The Repatriation Medical Authority amends, under subsection 196B(8) of the Veterans’ Entitlements Act 1986, Statement of Principles concerning malignant neoplasm of the lung Instrument No. 18 of 2006, as amended by Instrument No. 88 of 2007, by:

(A)Replacing existing factors "(k)" and "(l)" in clause 6 with the following:

"(k)        having received a cumulative equivalent dose of at least 0.5 sievert of ionising radiation to the lung at least ten years before the clinical onset of malignant neoplasm of the lung; or"; and

"(l)         being exposed to at least 100 Working Level Months (WLM) of radon in an enclosed space, before the clinical onset of malignant neoplasm of the lung, where the first exposure to radon occurred at least ten years before the clinical onset of malignant neoplasm of the lung; or";

(B)Deleting existing factor "(m)" from clause 6;

(C)Re-numbering existing factors "(n)" to "(q)" in clause 6 as "(m)" to "(p)" respectively;

(D)Replacing "6(q)" in clause 7 with "6(p)";

(E)Replacing the existing definition of "cumulative equivalent dose" in clause 9 with the following:

'"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;'; and

(F)Deleting the definitions of "a course of therapeutic radiation" and "atomic radiation" from clause 9.

1. The amendment made by this instrument applies to all matters to which Instrument No. 18 of 2006, as amended by Instrument No. 88 of 2007, section 120B of the Veterans’ Entitlements Act 1986 and section 339 of the Military Rehabilitation and Compensation Act 2004 apply.

1. The amendment made by this instrument takes effect from 25 May 2011.

Dated this   ninth   day of   May   2011

The Common Seal of the                    )

Repatriation Medical Authority          )

was affixed to this instrument   )

in the presence of:   )

KEN DONALD

CHAIRPERSON