Specialist Medical Review Council Declaration: Statements of Principles Nos. 9 and 10 of 2005 concerning chronic lymphoid leukaemia

Administered by Department of Veterans' Affairs

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Specialist Medical Review Council

 

Declaration

 

Section 196W
Veterans’ Entitlements Act 1986

 

 

Re: Statements of Principles Nos. 9 and 10 of 2005

as not amended on 14 April 2008

In Respect of Chronic Lymphoid Leukaemia

Matter Nos. 2011/1 & 2

Requests for Review Declaration No. 22

 

 

  1. In relation to the Repatriation Medical Authority (the RMA) Statement of Principles No. 9 of 2005, as not amended on 14 April 2008 in respect of chronic lymphoid leukaemia and death from chronic lymphoid leukaemia, made under subsection 196B(2) of the Veterans' Entitlements Act 1986 (the VEA), the Specialist Medical Review Council (the Council) under subsection 196W of the VEA:

DECLARES that there is sound medical-scientific evidence on which the RMA could have relied to amend the Statement of Principles to include small lymphocytic lymphoma as the same disease as chronic lymphocytic leukaemia;

and

DECLARES that there is sound medical-scientific evidence on which the RMA could have relied to amend the Statement of Principles to include factors applying to chronic lymphocytic leukaemia as set out below;

Non-Ionising Radiation;

Benzene;

Herbicides, Pesticides and Dioxin (separately or in combination);

Asbestos;

and

DECLARES that the sound medical-scientific evidence available to the RMA is insufficient to justify any amendment to the Statement of Principles to include as factors exposure to tobacco smoking or any other factor;

and

2.                  In relation to the RMA Statement of Principles No. 10 of 2005 in respect of chronic lymphoid leukaemia and death from chronic lymphoid leukaemia, made under subsection 196B(3) of the VEA the Council under section 196W of the VEA:

DECLARES that there is sound medical-scientific evidence on which the RMA could have relied to amend the Statement of Principles to include small lymphocytic lymphoma as the same disease as chronic lymphocytic leukaemia;

and

DECLARES that the sound medical-scientific evidence available to the RMA is insufficient to justify an amendment of the Statement of Principles to include as a factor applying to chronic lymphocytic leukaemia exposure to:

Non-ionising Radiation;

Chemicals - Benzene, Toluene, Xylene, Carbon Tetrachloride;

Aircraft fuel (AVGas ) and associated chemicals (MEK, sealants) and exposure due to F111 fuel tank repairs;

Herbicides, Pesticides and Dioxin;

Asbestos; and

Tobacco (by which the Council understands the Applicant to mean tobacco smoking); or

any other factor;

and

3.                  In relation to the RMA Statement of Principles No. 9 of 2005 in respect of chronic lymphoid leukaemia and death from chronic lymphoid leukaemia, made under subsection 196B(2) of the VEA:

DIRECTS the RMA to amend the Statement of Principles concerning chronic lymphoid leukaemia No. 9 of 2005 by including factors applying to chronic lymphocytic leukaemia for;

Non-Ionising Radiation,

Benzene,

Herbicides, Pesticides and Dioxin (separately or in combination),

Asbestos,

at an exposure level, duration of exposure and period of time from exposure to onset of disease to be ascertained by the RMA;

and


4.                  In relation to the RMA Statements of Principles Nos. 9 and 10 of 2005 in respect of chronic lymphoid leukaemia and death from chronic lymphoid leukaemia, made under subsection 196B(2) and (3) of the VEA the Council under section 196W of the VEA:

REMITS the matter for RECONSIDERATION by the RMA in accordance with the following DIRECTIONS and RECOMMENDATIONS:

A DIRECTION to the RMA to conduct an investigation taking account of the following recommendations:

a. to determine new Statements of Principles concerning chronic lymphocytic leukaemia and small lymphocytic lymphoma as the same (that is, a single) disease,

b. to excise small lymphocytic lymphoma from the non-Hodgkin’s lymphoma Statements of Principles in force;

AND for that purpose, include in its investigation;

i. information available to the RMA when it last determined, amended, or last amended, or decided, or last decided, not to determine, or not to amend a Statement of Principles concerning chronic lymphoid leukaemia and chronic lymphocytic leukaemia in particular,

ii. information available to the RMA when it last determined, amended, or last amended, or decided, or last decided, not to determine, or not to amend a Statement of Principles concerning non-Hodgkin’s lymphoma so far as that information relates to chronic lymphocytic leukaemia or small lymphocytic lymphoma, and

iii.  information available to the RMA when it last determined, amended, or last amended, or decided, or last decided, not to determine, or not to amend any Statements of Principles concerning haematopoietic cancers so far as that information relates to chronic lymphocytic leukaemia or small lymphocytic lymphoma, and

iv. any new information concerning chronic lymphocytic leukaemia or small lymphocytic lymphoma and particularly any new information concerning the factors as directed in paragraph 3 above as well as;

Other Aromatic Hydrocarbons; and

AV Gas and associated chemicals in relation to aircraft fuel tank de-seal / reseal activities,


to determine new Statements of Principles for chronic lymphocytic leukaemia and small lymphocytic lymphoma as the same (that is, a single) disease.

 

 

 

 

 

 

 

 

 

David John

Longstaff

Joske

 

Presiding

Andrew

Edwin

Grulich

 

Councillor

Stephen

Peter

Mulligan

 

Councillor

Constantine

Si Lun

Tam

 

Councillor

Andrew

Wirth

 

 

Councillor

Councillor

 

 

 

 

 

 

 

The Common Seal of the )
Specialist Medical Review )
Council was affixed to this )

document by authority of the)
Council in the presence of: )

 

 

John O’Connor Whyte

ADIR SMRC Secretariat

 

 

Dated this  26th    day of   November  2013

 

 

 

The Council’s Reasons for Decisions in relation to this Declaration can be obtained from its website at www.smrc.gov.au, or on request by writing to the Specialist Medical Review Council Secretariat, PO Box 895, Woden ACT 2606 or by telephoning (07) 3223 8840.

 

Overview

The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a framework for the administration of veterans' pensions, benefits, and other entitlements. The Act aims to ensure that eligible veterans and their dependants receive the necessary support and recognition for their service. In response to evolving medical understandings and the need for precise definitions of service-related conditions, the Specialist Medical Review Council (SMRC) was established to review and provide expert medical advice on matters relating to veterans' entitlements. This role is particularly pertinent in cases involving complex medical conditions, such as chronic lymphoid leukaemia. The Council, as stated in Section 196W, provides declarations and directions to the Repatriation Medical Authority (RMA) to ensure that Statements of Principles accurately reflect the current medical-scientific evidence. The objective is to ensure that the RMA's decisions are informed by the most reliable and up-to-date medical evidence, thus facilitating fair and accurate assessments of veterans' claims.

Scope and Application

The Specialist Medical Review Council Declaration under the Veterans' Entitlements Act 1986 addresses the Statements of Principles Nos. 9 and 10 of 2005 concerning chronic lymphoid leukaemia, specifically targeting the evidence and factors that may be considered in assessing the eligibility for veterans' benefits. The Act applies to the Repatriation Medical Authority (RMA) and other relevant parties involved in the administration of veterans' entitlements. The scope of the legislation is focused on the medical-scientific evidence available to the RMA, particularly regarding the classification of small lymphocytic lymphoma as the same disease as chronic lymphocytic leukaemia, and the factors that may contribute to the onset of these diseases. The geographic and jurisdictional reach of this Act is Commonwealth-wide, impacting veterans across Australia who seek benefits related to these medical conditions. The Council's decision outlines specific factors such as Non-Ionising Radiation, Benzene, Herbicides, Pesticides, Dioxin, and Asbestos, which the RMA may consider when amending the Statements of Principles, while also noting that the evidence for other factors such as tobacco smoking is insufficient. The Council's decision mandates the RMA to amend the Statements of Principles accordingly and to conduct a comprehensive investigation before making any further determinations.

Key Provisions

The Specialist Medical Review Council (SMRC) has issued a declaration under section 196W of the Veterans' Entitlements Act 1986 (VEA) regarding Statements of Principles Nos. 9 and 10 of 2005, specifically concerning chronic lymphoid leukaemia and death from chronic lymphoid leukaemia. The declaration acknowledges the presence of sound medical-scientific evidence that supports the classification of small lymphocytic lymphoma as the same disease as chronic lymphocytic leukaemia. Additionally, the declaration identifies specific factors, such as exposure to non-ionising radiation, benzene, herbicides, pesticides, dioxin, and asbestos, which the Repatriation Medical Authority (RMA) could have reasonably relied upon to amend the Statements of Principles to include these factors as applicable to chronic lymphocytic leukaemia. However, the declaration also states that there is insufficient evidence to warrant the inclusion of exposure to tobacco smoking or any other factors. The obligations imposed by this declaration primarily fall on the RMA. The SMRC directs the RMA to amend the Statements of Principles to include certain factors relating to chronic lymphocytic leukaemia, such as exposure to non-ionising radiation, benzene, herbicides, pesticides, dioxin, and asbestos. The RMA is also tasked with determining the exposure levels, duration of exposure, and the time period from exposure to the onset of the disease for these factors. Furthermore, the declaration mandates the RMA to conduct a comprehensive investigation to determine new Statements of Principles for chronic lymphoid leukaemia and small lymphocytic lymphoma as a single disease and to excise small lymphocytic lymphoma from the non-Hodgkin's lymphoma Statements of Principles. The declaration includes provisions for civil and criminal consequences for non-compliance. While the specific penalties are not detailed in the declaration itself, breaches of the directives issued by the SMRC could result in legal actions under the VEA. The RMA is expected to adhere strictly to the directions and recommendations provided, and failure to do so may lead to judicial review or other legal remedies available under the VEA. Additionally, any party that fails to comply with the SMRC's recommendations may face administrative penalties, which could include fines or other sanctions as prescribed by the VEA.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.