Statement of Principles concerning autosomal dominant polycystic kidney disease (Reasonable Hypothesis) (No. 35 of 2023) (Cth)

Statement of Principles

concerning

AUTOSOMAL DOMINANT POLYCYSTIC KIDNEY DISEASE
(Reasonable Hypothesis)

(No. 35 of 2023)

The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986.

Dated      24 April 2023.

The Common Seal of the
Repatriation Medical Authority
was affixed to this instrument
at the direction of:

Professor Terence Campbell AM

Chairperson

Contents

1Name........................................................................................................................................... 3

2Commencement........................................................................................................................ 3

3Authority..................................................................................................................................... 3

4Repeal......................................................................................................................................... 3

5Application................................................................................................................................. 3

6Definitions.................................................................................................................................. 3

7Kind of injury, disease or death to which this Statement of Principles relates............... 3

8Basis for determining the factors........................................................................................... 4

9Factors that must exist............................................................................................................. 4

10Relationship to service............................................................................................................. 4

11Factors referring to an injury or disease covered by another Statement of Principles. 5

Schedule 1 - Dictionary............................................................................................. 6

1Definitions.................................................................................................................................. 6

1. Name

This is the Statement of Principles concerning autosomal dominant polycystic kidney disease (Reasonable Hypothesis) (No. 35 of 2023).

1. Commencement

This instrument commences on 23 May 2023.

1. Authority

This instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.

1. Repeal

The Statement of Principles concerning autosomal dominant polycystic kidney disease No. 39 of 2015 (Federal Register of Legislation No. F2015L00004) made under subsection 196B(2) of the VEA is repealed.

1. Application

This instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act 2004 applies.

1. Definitions

The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.

1. Kind of injury, disease or death to which this Statement of Principles relates

(1)This Statement of Principles is about autosomal dominant polycystic kidney disease and death from autosomal dominant polycystic kidney disease.

Meaning of autosomal dominant polycystic kidney disease

(2)For the purposes of this Statement of Principles, autosomal dominant polycystic kidney disease:

(a)means an autosomal dominant genetic disorder, which involves the development of multiple bilateral renal cysts and enlarged kidneys, associated with gradual deterioration of renal function, and may involve cysts in other organs such as the liver; and

(b)excludes autosomal recessive polycystic kidney disease, medullary sponge kidney disease, medullary cystic kidney disease and acquired cystic disease of kidney.

(3)While autosomal dominant polycystic kidney disease attracts ICD‑10‑AM code Q61.2, in applying this Statement of Principles the meaning of autosomal dominant polycystic kidney disease is that given in subsection (2).

(4)For subsection (3), a reference to an ICD-10-AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4.

Death from autosomal dominant polycystic kidney disease

(5)For the purposes of this Statement of Principles, autosomal dominant polycystic kidney disease, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's autosomal dominant polycystic kidney disease.

Note: terminal event is defined in the Schedule 1 – Dictionary.

1. Basis for determining the factors

The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that autosomal dominant polycystic kidney disease and death from autosomal dominant polycystic kidney disease 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 MRCA.

Note: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.

1. Factors that must exist

At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting autosomal dominant polycystic kidney disease or death from autosomal dominant polycystic kidney disease with the circumstances of a person's relevant service:

(1)inability to obtain appropriate clinical management for autosomal dominant polycystic kidney disease.

1. Relationship to service

(1)The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.

(2)The factor set out in subsection 9(1) applies only to material contribution to, or aggravation of, autosomal dominant polycystic kidney disease where the person's autosomal dominant polycystic kidney disease was suffered or contracted before or during (but did not arise out of) the person's relevant service.

1. Factors referring to an injury or disease covered by another Statement of Principles

In this Statement of Principles:

(1)if a factor referred to in section 9 applies in relation to a person; and

(2)that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(2) of the VEA;

then the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.

Schedule 1 - Dictionary

Note: See Section 6

1. Definitions

In this instrument:

autosomal dominant polysystic kidney disease—see subsection 7(2).

MRCA means the Military Rehabilitation and Compensation Act 2004.

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.

Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.

terminal event means the proximate or ultimate cause of death and includes the following:

(a) pneumonia;

(b) respiratory failure;

(c) cardiac arrest;

(d) circulatory failure; or

(e) cessation of brain function.

VEA means the Veterans' Entitlements Act 1986.