Statement of Principles concerning aplastic anaemia No. 1 of 2001

Administered by Department of Veterans' Affairs

Legislation au F2005B01689 Not in force Legislative Instrument

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Instrument No.1 of 2001

 

Determination

of

Statement of Principles

concerning

APLASTIC ANAEMIA

ICD-10-AM codeS: D61.1 – D61.9

 

Veterans’ Entitlements Act 1986

 

 

1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act).

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about aplastic anaemia and death from aplastic anaemia.

 

(b) For the purposes of this Statement of Principles, “aplastic anaemia” is a disorder of haematopoiesis characterised by pancytopaenia in the peripheral blood and a hypoplastic bone marrow with no signs of granulomatous disease or malignancy in the bone marrow, attracting an ICD-10-AM code in the range D61.1 to D61.9, but excluding agranulocytosis and congenital aplastic anaemia.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that aplastic anaemia and death from aplastic anaemia can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces.

 

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 any relevant service rendered by the person.

 

Factors

5. The factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting aplastic anaemia or death from aplastic anaemia with the circumstances of a person’s relevant service are:

 

(a)               undergoing treatment with a drug from the specified list where that treatment has occurred within the 180 days immediately before the clinical onset of aplastic anaemia; or

 

(b)              taking a drug which has been reported in a peer reviewed medical or scientific publication to have caused aplastic anaemia as an idiosyncratic reaction, within the 180 days immediately before the clinical onset of aplastic anaemia; or

 

(c)               suffering from fulminant hepatitis within the 180 days immediately before the clinical onset of aplastic anaemia; or

 

(d)              receiving a course of therapeutic radiation for ankylosing spondylitis within the 180 days immediately before the clinical onset of aplastic anaemia; or

 

(e)               undergoing liver transplantation for viral hepatitis within the 180 days immediately before the clinical onset of aplastic anaemia; or

 

(f)                being exposed to at least 10 ppm of benzene (32 mg/m3) as an 8-hour time-weighted average (TWA) on more days than not for at least 60 days within the 180 days immediately before the clinical onset of aplastic anaemia; or

 

(g)             handling or inhaling organochlorine or organophosphate pesticides within the 180 days immediately before the clinical onset of aplastic anaemia; or

 

(h)              inability to obtain appropriate clinical management for aplastic anaemia.

 

Factors that apply only to material contribution or aggravation

6. Paragraph 5(h) applies only to material contribution to, or aggravation of, aplastic anaemia where the person’s aplastic anaemia was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act refers.

 

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:

 

“a drug from the specified list” means one of the following:

 

(a)               Acetazolamide;

(b)               Busulfan;

(c)               Carbamazepine;

(d)               Chloramphenicol;

(e)               Cyclophosphamide;

(f)                Daunorubicin;

(g)               Doxorubicin;

(h)               Fluorouracil;

(i)                 Gold Salts;

(j)                 Hydantoins;

(k)               Melphalan;

(l)                 Mercaptopurine;

(m)            Methotrexate;

(n)               Mitoxantrone;

(o)               Nitrogen Mustard;

(p)               Oxyphenbutazone;

(q)               Penicillamine;

(r)                Phenylbutazone; or

(s)                Quinacrine (Atebrine);

 

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

 

“fulminant hepatitis” means massive necrosis of the liver of viral origin characterised by jaundice and hepatic encephalopathy;

 

“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), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 3;

 

“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c)               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;

 

“8-hour time-weighted average (TWA)” means the averaging of different exposure levels to benzene during an average exposure period equivalent to eight hours.

 

Dated this  Third day of  January 2001

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of:    )

KEN DONALD

CHAIRMAN

Overview

The Statement of Principles concerning Aplastic Anaemia was determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986 to address the problem of linking aplastic anaemia and related deaths to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces. This legislative instrument aims to establish the necessary medical and service-related factors that must exist for a reasonable hypothesis to be raised connecting aplastic anaemia or death from aplastic anaemia with a person’s relevant service. The policy objective is to ensure that veterans and other eligible persons can receive appropriate recognition and support for health conditions potentially linked to their service. This determination was made to provide clarity and guidance on the eligibility criteria for compensation and other entitlements under the Act. The Statement of Principles outlines specific factors that must be related to the service, such as exposure to certain drugs, therapeutic radiation, or chemical substances, as well as suffering from particular medical conditions within a specified timeframe before the onset of aplastic anaemia. These factors are crucial in establishing a connection between the service and the health condition, thereby facilitating the assessment and approval of related claims. The instrument also incorporates definitions and references to other relevant Acts and medical classifications to ensure a comprehensive and consistent approach to the determination of entitlements.

Scope and Application

This legislative instrument, being a determination of a Statement of Principles concerning aplastic anaemia, is made under the Veterans’ Entitlements Act 1986. It applies to veterans, members of Peacekeeping Forces, and members of the Australian Defence Force who have contracted aplastic anaemia or died from aplastic anaemia. The Statement of Principles delineates the specific circumstances under which aplastic anaemia may be considered related to relevant military service, focusing on factors such as exposure to certain drugs, therapeutic radiation, and hazardous substances within a specified timeframe before the onset of the condition. The instrument sets out criteria that must be met to establish a connection between the condition and the person's military service. It also includes definitions for terms such as "fulminant hepatitis" and "relevant service," and references ICD-10-AM codes to ensure accurate classification of the condition. The instrument does not specify any exclusions or exemptions and is applicable across Australia, following the jurisdiction of the Commonwealth under the Veterans’ Entitlements Act 1986.

Key Provisions

The main operative sections of this Statement of Principles (SoP) concern the recognition of aplastic anaemia and death from aplastic anaemia as potentially related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Armed Forces (section 1). Specifically, this SoP defines aplastic anaemia as a disorder of haematopoiesis, excluding agranulocytosis and congenital aplastic anaemia, and outlines the basis for determining its connection to service (sections 2 and 3). It also specifies the factors that must be related to the service and those that must exist for a reasonable hypothesis to be raised connecting aplastic anaemia or death from aplastic anaemia with the service (sections 4, 5 and 6). The SoP further includes provisions for the application of other relevant Statements of Principles, provides definitions for key terms, and specifies the types of relevant service covered (sections 7 and 8). The obligations imposed by this SoP on the parties it governs primarily revolve around the medical-scientific evidence linking aplastic anaemia and death from aplastic anaemia to relevant service (section 3). It requires that at least one of the specified factors must be related to the service (section 4). The Repatriation Medical Authority must consider the specified factors in determining the relationship between the disease and the service (section 5). Additionally, it mandates that if a relevant factor includes an injury or disease for which there is an existing Statement of Principles, the factors in that SoP must apply (section 7). The SoP does not explicitly list offences, penalties, or civil/criminal consequences for breach. However, it is implied that any breach of the conditions or requirements outlined in the SoP could potentially lead to disputes or legal challenges regarding the recognition and compensation for aplastic anaemia and related deaths. The absence of specific penalties in the text suggests that any legal consequences would be determined by the broader legislative framework under which the SoP operates, such as the Veterans’ Entitlements Act 1986, which may include provisions for review, appeal, and enforcement mechanisms.

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