Statement of Principles concerning neoplasm of the pituitary gland No. 43 of 2004 (Cth)

Statement of Principles

concerning

NEOPLASM OF THE PITUITARY GLAND

Instrument No. 43 of 2004 as amended

made under section 196B(3) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 14 November 2011 taking into account Amendment of Statement of Principles concerning NEOPLASM OF THE PITUITARY GLAND  (Instrument No. 122 of 2011)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

Statement of Principles

concerning

NEOPLASM OF THE PITUITARY GLAND

for the purposes of the

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

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

(a)       revokes Instrument No. 38 of 1997; and

(b)       determines in its place the following Statement of Principles.

Kind of injury, disease or death

2.         (a)       This Statement of Principles is about neoplasm of the pituitary gland and death from neoplasm of the pituitary gland.

(b)For the purposes of this Statement of Principles, “neoplasm of the pituitary gland” means a neoplasm, either benign or malignant, arising from the cells of the pituitary gland.  This definition excludes soft tissue sarcoma, carcinoid tumour, non-Hodgkin’s lymphoma and Hodgkin’s lymphoma.

(c)Neoplasm of the pituitary gland attracts ICD-10-AM code C75.1, D35.2 or D44.3.

(d)In the application of this Statement of Principles, the definition of “neoplasm of the pituitary gland ” is that given at paragraph 2(b) above.

Basis for determining the factors

3.         On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that neoplasm of the pituitary gland and death from neoplasm of the pituitary 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

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

Factors

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

(a)for ACTH secreting pituitary adenomas only, undergoing bilateral adrenalectomy before the clinical worsening of neoplasm of the pituitary gland; or

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

Factors that apply only to material contribution or aggravation

6.         Paragraphs 5(a) and 5(b) apply only to material contribution to, or aggravation of, neoplasm of the pituitary gland where the person’s neoplasm of the pituitary gland was suffered or contracted before or during (but not arising out of) the person’s relevant service.

Inclusion of Statements of Principles

7.         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.

Other definitions

8.         For the purposes of this Statement of Principles:

“ACTH” means adrenocorticotrophic hormone (or corticotropin), a hormone secreted by the anterior pituitary gland that stimulates the secretion of corticosteroids from the adrenal cortex;

“bilateral adrenalectomy” means excision of both adrenal glands;

“death from neoplasm of the pituitary gland ” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s neoplasm of the pituitary 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.

Application

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

Notes to Statement of Principles concerning neoplasm of the pituitary gland (Instrument No. 43 of 2004)

The Statement of Principles concerning neoplasm of the pituitary gland (Instrument No. 43 of 2004) 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 Or Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
Statement of Principles concerning neoplasm of the pituitary gland (Instrument No. 43 of 2004)	17 November 2004	17 November 2004
Amendment of Statement of Principles concerning neoplasm of the pituitary gland (Instrument No. 122 of 2011)	27 October 2011 F2011L02139	2 November 2011

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
Clause 5(a)	rs. Instrument No. 122 of 2011
Clause 5(b)	rs. Instrument No. 122 of 2011