Statement of Principles concerning adenocarcinoma of the kidney No. 88 of 2001

Overview

The Repatriation Medical Authority, under the authority of subsection 196B(3) of the Veterans’ Entitlements Act 1986, revoked Instrument No.108 of 1996 and determined a new Statement of Principles concerning adenocarcinoma of the kidney (ICD-10-AM code: C64) and death from adenocarcinoma of the kidney. The objective of this legislative instrument is to address the issue of linking adenocarcinoma of the kidney and related deaths to relevant service rendered by veterans or members of the Forces, based on sound medical-scientific evidence. The new Statement of Principles specifies factors that must be related to the service, such as smoking history, exposure to respirable asbestos fibres, obesity, renal cystic disease secondary to end stage renal disease, and inability to obtain appropriate clinical management for the disease. This legislative instrument is intended to provide clarity and guidance for determining the connection between these medical conditions and relevant service, facilitating the assessment of veterans’ entitlements.

Scope and Application

The Veterans' Entitlements Act 1986, as amended by Instrument No. 88 of 2001, establishes specific criteria for determining the eligibility of veterans or members of the Defence Forces for compensation related to adenocarcinoma of the kidney. This Act applies to individuals who have rendered relevant service, defined as either eligible war service or defence service, but excludes hazardous service. The Act specifies that for a claim to be substantiated, the individual must satisfy at least one of the outlined factors, such as having smoked for at least 20 pack years prior to the clinical onset of the disease, or having been exposed to respirable asbestos fibres for a cumulative period of at least 2000 hours. This Statement of Principles serves to determine the connection between the individual's service and the onset of adenocarcinoma of the kidney or related death, providing a clear framework for the assessment of such claims. The Act’s provisions are enforced by the Repatriation Medical Authority, which has the authority to revoke previous statements of principles and issue new ones based on the available medical-scientific evidence. The instrument is applicable to all matters governed by section 120B of the Act.

Key Provisions

This legislative instrument, Instrument No. 88 of 2001, under the Veterans' Entitlements Act 1986, primarily serves to revoke a previous instrument, Instrument No. 108 of 1996, and establish a new Statement of Principles concerning adenocarcinoma of the kidney, including death from this condition. The new Statement of Principles (sections 1 and 2) clarifies that adenocarcinoma of the kidney, also known as renal cell carcinoma or hypernephroma, is a malignant neoplasm arising from the renal tubular epithelium, as defined by the ICD-10-AM code C64. The Authority has determined that it is more probable than not that this condition can be related to relevant service rendered by veterans or members of the Forces. The instrument outlines the specific factors that must be related to relevant service (sections 4 and 5). To establish a connection between the condition and relevant service, at least one of the factors must apply. These factors include smoking at least 20 pack years of cigarettes before the clinical onset of adenocarcinoma of the kidney, with specific conditions regarding the timing of smoking cessation, inhaling respirable asbestos fibres for a cumulative period of at least 2000 hours under certain conditions, being obese for at least five years within the 10 years before the onset of the condition, suffering from renal cystic disease secondary to end stage renal disease before the onset, or an inability to obtain appropriate clinical management for adenocarcinoma of the kidney. Additionally, certain factors apply only in cases where the condition is a material contribution to, or aggravation of, adenocarcinoma of the kidney (section 6). The instrument also specifies that if a relevant factor includes an injury or disease for which there is an existing Statement of Principles, those factors apply in accordance with the terms of that Statement (section 7). It provides definitions for key terms used in the Statement of Principles (section 8), including "being obese," "death from adenocarcinoma of the kidney," "ICD-10-AM code," "pack years of cigarettes," "relevant service," "renal cystic disease secondary to end stage renal disease," "respirable asbestos fibres," and "terminal event." The instrument concludes by stating that it applies to all matters to which section 120B of the Act applies (section 9). Under the Veterans' Entitlements Act 1986, the Repatriation Medical Authority has specific obligations in determining and revoking Statements of Principles. The Authority must base its determinations on sound medical-scientific evidence and clearly outline the factors that must exist for a condition to be related to relevant service. The obligations include providing detailed definitions and ensuring that any relevant factors from other Statements of Principles are incorporated appropriately. The Authority must also ensure that the new Statement of Principles accurately reflects the current understanding of the condition in question. In terms of consequences for non-compliance or breaches, the instrument itself does not detail specific offences, penalties, or consequences. However, under the Veterans' Entitlements Act 1986, failure to comply with the provisions of the Act or the regulations made under it could potentially lead to civil or criminal penalties, depending on the nature and severity of the breach. These could include fines or other sanctions as prescribed by the Act. The exact penalties would depend on the specific breach and the provisions of the overarching Act.