Statement of Principles concerning polycythaemia vera No. 79 of 1999 (Cth)

Case

Statement of Principles

concerning

POLYCYTHAEMIA VERA

Instrument No. 79 of 1999 as amended

made under section 196B(3) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 5 October 2005
taking into account Amendment of Statement of Principles concerning POLYCYTHAEMIA VERA (Instrument No. 12 of 2001).

Prepared by the Repatriation Medical Authority Secretariat, Brisbane


Revocation and Determination

of

Statement of Principles

concerning

POLYCYTHAEMIA VERA

ICD-10-AM CODE: D45

Veterans’ Entitlements Act 1986

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

(a)       revokes Instrument No.68 of 1995; and

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

Kind of injury, disease or death

  1. (a)        This Statement of Principles is about polycythaemia vera and death from polycythaemia vera.

(b)For the purposes of this Statement of Principles, “polycythaemia vera”, also known as polycythaemia rubra vera, means a chronic myeloproliferative disorder, characterised by abnormal proliferation of haematopoietic bone marrow elements, resulting in an absolute increase in red cell mass, an excess of platelets and white blood cells, and splenomegaly, attracting ICD-10-AM code D45. This definition excludes relative polycythaemia and polycythaemia resulting from hypoxaemia.

Basis for determining the factors

  1. 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 polycythaemia vera or death from polycythaemia vera and which can be related to relevant service is that set out in clause 4.

Factors that must be related to service

  1. 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 polycythaemia vera or death from polycythaemia vera is inability to obtain appropriate clinical management for polycythaemia vera.

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.

Other definitions

  1. For the purposes of this Statement of Principles:

death from polycythaemia vera” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s polycythaemia vera;

“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), effective date of 1 July 1998, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86451 340 3;

“relevant service” means:

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

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

“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

  1. This Instrument applies to all matters to which section 120B of the Act applies.


Notes to Statement of Principles concerning polycythaemia vera (Instrument No. 79 of 1999)

The Statement of Principles concerning polycythaemia vera (Instrument No. 79 of 1999) 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 notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning polycythaemia vera (Instrument No. 79 of 1999)

10 November 1999

(see Gazette 1999, No. GN 45 )

10 November 1999
Amendment of Statement of Principles concerning polycythaemia vera (Instrument No. 12 of 2001)

10 January 2001

(see Gazette 2001, No. GN 1 )

10 January 2001

Table of Amendments

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

Provision affected

How affected

Clause 3 – ‘Basis for determining the factors’.. rs. Instrument  No.12 of 2001
Clause 4 – ‘Factors that must be related to service’............................... rs. Instrument  No.12 of 2001
Clause 5 – ‘Factors’............ rep. Instrument  No.12 of 2001
Clause 6 – ‘Factors that apply only to material contribution or aggravation’...................... rep. Instrument  No.12 of 2001
Clause 5 – ‘Inclusion of Statements of Principles’............................................. am. Instrument  No.12 of 2001
Clause 6 – ‘Other definitions’......................... am. Instrument  No.12 of 2001
Clause 7 – ‘Application’..... am. Instrument  No.12 of 2001
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