Statement of Principles concerning malignant neoplasm of the urethra No. 2 of 2008 (Cth)
Statement of Principles
concerning
MALIGNANT NEOPLASM OF THE URETHRA
No. 2 of 2008
for the purposes of the
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
Title
This Instrument may be cited as Statement of Principles concerning malignant neoplasm of the urethra No. 2 of 2008.
Determination
The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a) revokes Instrument No. 234 of 1995 concerning malignant neoplasm of the urethra; and
(b) determines in its place this Statement of Principles.
Kind of injury, disease or death
(a) This Statement of Principles is about malignant neoplasm of the urethra and death from malignant neoplasm of the urethra.
(b)For the purposes of this Statement of Principles, "malignant neoplasm of the urethra" means a primary malignant neoplasm arising from the cells lining the urethra. This definition excludes soft tissue sarcoma, carcinoid tumour, non-Hodgkin's lymphoma and Hodgkin's lymphoma.
(c)Malignant neoplasm of the urethra attracts ICD-10-AM code C68.0.
(d)In the application of this Statement of Principles, the definition of "malignant neoplasm of the urethra" is that given at paragraph 3(b) above.
Basis for determining the factors
After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that it is more probable than not on the sound medical-scientific evidence available, that the only factor that can be related to the cause of or material contribution to or aggravation of malignant neoplasm of the urethra or death from malignant neoplasm of the urethra and which 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) is that set out in clause 5.
Factors that must be related to service
The factor that must exist before it can be said that, on the balance of probabilities, in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating malignant neoplasm of the urethra or death from malignant neoplasm of the urethra is inability to obtain appropriate clinical management for malignant neoplasm of the urethra.
Other definitions
For the purposes of this Statement of Principles:
"death from malignant neoplasm of the urethra" 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 urethra;
"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), Fifth Edition, effective date of 1 July 2006, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 772 3;
"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.
Application
7.This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.
Date of effect
This Instrument takes effect from 9 January 2008.
Dated this twentieth day of December 2007
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRPERSON
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