Statement of Principles concerning Kaposi's sarcoma No. 160 of 1996 (Cth)

Instrument No.160 of 1996

Determination

of

Statement of Principles

concerning

KAPOSI'S SARCOMA

ICD CODE: 176

Veterans’ Entitlements Act 1986

1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act).

Kind of injury, disease or death

1. (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 of vascular origin consisting of multiple vascular nodules appearing in multiple tissues and organs including skin, mucous membranes, and viscera, attracting ICD code 176.

Basis for determining the factors

1. 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.

Factors that must be related to service

1. Subject to clause 6, the factors set out in at least one of the paragraphs in clause 5 must be related to any relevant service rendered by the person.

Factors

1. The factors 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 are:

(a)        being infected with HIV before the clinical onset of Kaposi’s sarcoma; or

(b)       having received systemic immunosuppressive drug therapy within the ten years immediately before the clinical onset of Kaposi’s sarcoma; or

(c)       inability to obtain appropriate clinical management for Kaposi's sarcoma.

Factors that apply only to material contribution or aggravation

1. Paragraph 5(c) 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; paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act refers.

Other definitions

1. For the purposes of this Statement of Principles:

“systemic immunosuppressive drug therapy” means the therapeutic administration of a drug such as cyclophosphamide, or azathioprine continuously for a period of at least three months, for organ transplantation; or for the treatment of a chronic immunological disorder;

“being infected with HIV” means serological evidence of infection with Human Immunodeficiency Virus, attracting ICD code 042 or 079.53;

“ICD code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1996, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 24447 2;

“relevant service” means:

(a)       eligible war service (other than operational service); or

(b)       defence service (other than hazardous service).

Dated this       Ninth            day of              December               1996

The Common Seal of the    )

Repatriation Medical Authority                   )

was affixed to this instrument   )

in the presence of   )

KEN DONALD

CHAIRMAN