Statement of Principles concerning malignant neoplasm of the thyroid gland No. 10 of 2006 (Cth)

Case

Statement of Principles

concerning

MALIGNANT NEOPLASM OF THE THYROID GLAND

Instrument No. 10 of 2006 as amended

made under section 196B(3) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 28 July 2011 taking into account Amendment of Statement of Principles concerning MALIGNANT NEOPLASM OF THE THYROID GLAND (Instrument No. 68 of 2011)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

Statement of Principles

concerning

MALIGNANT NEOPLASM OF THE THYROID GLAND

No. 10 of 2006

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 malignant neoplasm of the thyroid gland No. 10 of 2006.

Determination

  1. The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):

(a)       revokes Instrument No. 34 of 1998; and

(b)       determines in their place this Statement of Principles.

Kind of injury, disease or death

  1. (a)       This Statement of Principles is about malignant neoplasm of the thyroid gland and death from malignant neoplasm of the thyroid gland.

(b)For the purposes of this Statement of Principles, "malignant neoplasm of the thyroid gland" means a primary malignancy arising from the cells of the thyroid gland. This definition includes papillary, follicular, medullary, and anaplastic thyroid carcinomas but excludes soft tissue sarcoma, carcinoid tumour, non-Hodgkin’s lymphoma and Hodgkin’s lymphoma.

(c)Malignant neoplasm of the thyroid gland attracts ICD-10-AM code C73.

(d)In the application of this Statement of Principles, the definition of "malignant neoplasm of the thyroid gland" is that given at paragraph 3(b) above.

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 malignant neoplasm of the thyroid gland and death from malignant neoplasm of the thyroid gland 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

  1. 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

  1. The factor that must exist before it can be said that, on the balance of probabilities, malignant neoplasm of the thyroid gland or death from malignant neoplasm of the thyroid gland is connected with the circumstances of a person’s relevant service is:

(a)for papillary, follicular and anaplastic thyroid carcinomas only,

(i)having received a cumulative equivalent dose of at least 0.5 sievert of ionising radiation to the thyroid gland at least ten years before the clinical onset of malignant neoplasm of the thyroid gland; or

(ii)having received a cumulative equivalent dose of at least 0.1 sievert of ionising radiation to the thyroid gland at least five years before the clinical onset of malignant neoplasm of the thyroid gland and when aged less than twenty years; or

(iii)having a thyroid adenoma at least one year before the clinical onset of malignant neoplasm of the thyroid gland; or

(iv)having a goitre, or enlargement of the thyroid gland due to thyroiditis or Graves’ disease at least one year before the clinical onset of malignant neoplasm of the thyroid gland; or

(b)inability to obtain appropriate clinical management for malignant neoplasm of the thyroid gland.

Factors that apply only to material contribution or aggravation

  1. Paragraph 6(b) applies only to material contribution to, or aggravation of, malignant neoplasm of the thyroid gland where the person’s malignant neoplasm of the thyroid gland was suffered or contracted before or during (but not arising out of) the person’s relevant service.

Inclusion of Statements of Principles

  1. 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

  1. For the purposes of this Statement of Principles:

"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

"death from malignant neoplasm of the thyroid gland" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s malignant neoplasm of the thyroid gland;

"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), Fourth Edition, effective date of 1 July 2004, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 594 1;

"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;

"thyroid adenoma" means a benign epithelial tumour of the thyroid in which the cells form recognisable glandular structures or in which cells are clearly derived from glandular epithelium.

Application

  1. This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.

Date of effect

  1. This Instrument takes effect from 8 March 2006.

Notes to Statement of Principles concerning malignant neoplasm of the thyroid gland (Instrument No. 10 of 2006)

The Statement of Principles concerning malignant neoplasm of the thyroid gland (Instrument No. 10 of 2006) in force under section 196B(3) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning malignant neoplasm of the thyroid gland (Instrument No. 10 of 2006)

27 February 2006

F2006L00626

8 March 2006

Amendment of Statement of Principles concerning malignant neoplasm of the thyroid gland (Instrument No. 68 of 2011)

18 May 2011

F2011L00800

25 May 2011

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Clause 6(a)(i), (a)(ii) rs. Instrument  No. 68 of 2011
Clause 6(a)(iii), (a)(iv), (a)(v), (a)(vi) rep. Instrument  No. 68 of 2011
Clause 6(a)(vii), (a)(viii) am. Instrument  No. 68 of 2011
Clause 9 – ' "cumulative equivalent dose"…' rs. Instrument No. 68 of 2011
Clause 9 – ' "a course of therapeutic radiation"…' rep. Instrument No. 68 of 2011
Clause 9 – ' "atomic radiation"…' rep. Instrument No. 68 of 2011
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