Declaration No. 36 Malignant Neoplasm of the Breast Statements of Principles Nos. 96 and 97 of 2014

Overview

The Gazette No. 36 of 2023 pertains to the "Veterans’ Entitlements Act 1986" and specifically addresses issues surrounding malignant neoplasm of the breast as outlined in the Statements of Principles Nos. 96 and 97 of 2014. Enacted by the Parliament of Australia, the Act was introduced to provide comprehensive entitlements for veterans and their families, particularly in addressing health issues arising from their service. The current focus on malignant neoplasm of the breast aims to ensure that veterans who have been affected by this condition receive appropriate recognition and support. The Specialist Medical Review Council, which is responsible for reviewing and making recommendations on medical-scientific evidence related to veterans' health conditions, found that there is insufficient evidence to amend the existing Statements of Principles concerning non-oral combined hormonal contraceptives. The Council recommends that the Repatriation Medical Authority conduct a further review to potentially update the terminology in the Statements of Principles to better reflect current medical practice. This recommendation is part of a broader effort to ensure that veterans’ health claims are evaluated based on the most current and reliable medical evidence.

Scope and Application

The Declaration No. 36 concerning malignant neoplasm of the breast, as detailed in the Statements of Principles Nos. 96 and 97 of 2014 under Section 196W of the Veterans’ Entitlements Act 1986, pertains to the sufficiency of medical-scientific evidence regarding the relationship between non-oral combined hormonal contraceptives and malignant breast neoplasms. The Specialist Medical Review Council, in its capacity, has determined that there is insufficient evidence for the Repatriation Medical Authority to amend the existing Statements of Principles on this matter. The application of this declaration is specifically directed towards veterans and their claims for pension or other benefits related to malignant breast neoplasms, potentially influenced by contraceptive use. The decision applies across the Commonwealth of Australia, as per the jurisdiction of the Veterans’ Entitlements Act 1986. While the declaration does not introduce new exclusions or exemptions, it does recommend a broader review of the Statements of Principles to align terminology with contemporary medical practice, suggesting a future potential amendment in the defined terms related to contraceptive types. The Council’s decisions and reasons are accessible on their official website or via written request, ensuring transparency and accountability in its recommendations.

Key Provisions

The primary operative sections of this declaration (C2023G00557) pertain to the Statements of Principles Nos. 96 and 97 of 2014 concerning malignant neoplasm of the breast, as outlined under Section 196W of the Veterans’ Entitlements Act 1986. The Council has declared, under subsection 196W(5)(b), that there is insufficient sound medical-scientific evidence for the Repatriation Medical Authority to amend the Statements of Principles with respect to non-oral combined hormonal contraceptives. It recommends a review of the Statements of Principles, specifically suggesting that the term ‘combined oral contraceptive pill’ be replaced with ‘combined hormonal contraceptive’ in clauses 6(c), 6(c)(i), and 6(c)(ii) to align with current medical practice. This Act imposes several obligations on the Repatriation Medical Authority, primarily involving the review and potential amendment of the Statements of Principles. The Council’s findings necessitate that the Authority reassess the evidence surrounding non-oral combined hormonal contraceptives in relation to malignant neoplasm of the breast. Additionally, the Authority is directed to consider updating the terminology in the Statements of Principles to reflect contemporary contraceptive classifications. Breach of the obligations stipulated in this Act could lead to civil or administrative consequences. While specific penalties are not detailed in the text, non-compliance with the Council’s recommendations could result in legal challenges or adverse findings in relevant court or tribunal proceedings. The potential penalties for not adhering to the Council's recommendations might include the imposition of fines or other sanctions, though the exact nature and extent of these penalties would be determined by the specific legal context in which the breach occurs.