Statement of Principles concerning colorectal adenoma No. 62 of 2002

Administered by Department of Veterans' Affairs

Legislation au F2005B02121 Not in force Legislative Instrument

Legislation content

Instrument No.62 of 2002

 

Determination

of

Statement of Principles

concerning

COLORECTAL ADENOMA

ICD-10-AM codeS: D12.0 - D12.5, D12.7, D12.8

 

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 colorectal adenoma and death from colorectal adenoma.

 

(b)              For the purposes of this Statement of Principles “colorectal adenoma” means a benign neoplasm arising from the epithelial cells of the colorectum, which extends from the caecum, including the ileocaecal junction to the junction with the anal canal.  This definition of colorectal adenoma includes colorectal adenomatous polyp and serrated adenoma, but excludes benign neoplasms of the anus and anal canal, familial adenomatous polyposis, non-neoplastic polyps of the large intestine or non-epithelial neoplasms of the large intestine.  Colorectal adenoma attracts ICD-10-AM code D12.0 – D12.5, D12.7 or D12.8.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that colorectal adenoma and death from colorectal adenoma 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 colorectal adenoma or death from colorectal adenoma with the circumstances of a person’s relevant service are:

 

(a)              smoking at least 10 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of colorectal adenoma, and

(i) smoking commenced at least 10 years before the clinical onset of colorectal adenoma, and

(ii) where smoking has ceased, the clinical onset has occurred within 20 years of cessation; or

 

(b)              drinking at least 250 kilograms of alcohol within a 25 year period within the 40 years immediately before the clinical onset of colorectal adenoma; or

 

(c)              an inability to undertake more than a mildly strenuous level of physical activity for at least 10 years within the 20 years before the clinical onset of colorectal adenoma; or

 

(d)              being obese for at least 15 years within the 30 years before the clinical onset of colorectal adenoma; or

 

(e)              inability to obtain appropriate clinical management for colorectal adenoma.

 

Factors that apply only to material contribution or aggravation

6. Paragraph 5(e) applies only to material contribution to, or aggravation of, colorectal adenoma where the person’s colorectal adenoma 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:

 

“alcohol” is measured by the alcohol consumption calculations utilising the Australian Standard of 10 grams of alcohol per standard alcoholic drink;

 

“an inability to undertake more than a mildly strenuous level of physical activity” means the presence of an incapacity which prevents any physical activity greater than 3 METS, where a “MET” is a unit of measurement of the level of physical exertion.  1 MET = 3.5 ml of oxygen/kg of body weight per minute or, 1.0 kcal/kg of body weight per hour, or resting metabolic rate.  (A MET approximates to the energy required to rest quietly in bed.  A 70 kg man would use about 3 METS when walking at 4 km per hour.);

“being obese” means an increase in body weight by way of fat accumulation which results in a Body Mass Index (BMI) of 30 or greater.

The BMI = W/H2 and where:

W is the person’s weight in kilograms and

H is the person’s height in metres;

 

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

 

“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), Third Edition, effective date of 1 July 2002, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 413 9.  Where in this Statement of Principles an ICD code is referenced, such reference is not to constrain or limit the proper meaning of the definition or words preceding the alphanumeric code reference;

 

“pack years of cigarettes or the equivalent thereof in other tobacco products” means a calculation of consumption where one pack year of cigarettes equals twenty tailor made cigarettes per day for a period of one calendar year, or 7 300 cigarettes.  One tailor made cigarette approximates one gram of tobacco or one gram of cigar or pipe tobacco by weight.  One pack year of tailor made cigarettes equates to 7 300 cigarettes, or 7.3kg of smoking tobacco by weight.  Tobacco products means either cigarettes, pipe tobacco or cigars smoked, alone or in any combination;

 

“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.

 

 

Dated this Sixth day of  August   2002

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of:    )

 

KEN DONALD

CHAIRMAN

 

Overview

The Determination of Statement of Principles concerning Colorectal Adenoma, issued under the Veterans’ Entitlements Act 1986, was enacted in 2002 by the Repatriation Medical Authority to address the connection between colorectal adenoma, a benign neoplasm arising from the epithelial cells of the colorectum, and service rendered by veterans, members of Peacekeeping Forces, or members of the Forces. The legislation aims to establish a framework for determining whether colorectal adenoma or death from colorectal adenoma can be related to relevant service, thereby ensuring that affected individuals may be eligible for appropriate entitlements and benefits. The Statement of Principles delineates specific factors that must be considered in making this determination, including smoking history, alcohol consumption, physical activity levels, obesity, and the ability to obtain clinical management for the condition. This legislative instrument seeks to provide clarity and a structured approach to evaluating claims related to colorectal adenoma, ensuring that veterans and other eligible individuals receive the recognition and support they need. By setting out the necessary conditions and criteria, the legislation aims to facilitate fair and informed decisions regarding the service-relatedness of colorectal adenoma and associated deaths, thereby upholding the policy objective of providing appropriate entitlements to those who have served.

Scope and Application

This Statement of Principles, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, pertains specifically to colorectal adenoma and death from colorectal adenoma, as defined by ICD-10-AM codes D12.0 to D12.8. It applies to veterans, members of Peacekeeping Forces, or members of the Forces who have rendered relevant service, which includes operational, peacekeeping, or hazardous service. The Statement of Principles establishes that colorectal adenoma and death from colorectal adenoma can be related to relevant service, subject to certain conditions. For a reasonable hypothesis to be raised connecting these conditions with the circumstances of a person's relevant service, at least one of the specified factors must be related to that service. These factors include smoking, alcohol consumption, physical inactivity, obesity, or inability to obtain appropriate clinical management. The determination also clarifies that certain factors apply only to the material contribution or aggravation of colorectal adenoma, where the condition was present before or during relevant service but not arising out of it. The application of this Statement of Principles is comprehensive, with specific definitions provided for key terms, ensuring clarity and precision in its implementation.

Key Provisions

This Statement of Principles, determined under section 196B(2) of the Veterans’ Entitlements Act 1986, pertains specifically to colorectal adenoma and death from colorectal adenoma (Section 2). Colorectal adenoma, for the purpose of this Statement, is defined as a benign neoplasm arising from the epithelial cells of the colorectum, extending from the caecum to the anal canal, including adenomatous polyps and serrated adenomas, but excluding certain other conditions (Section 2(b)). The determination is based on medical-scientific evidence that links colorectal adenoma and its resulting death to relevant service by veterans, Peacekeeping Forces, or the Forces (Section 3). The legislation mandates that, subject to certain conditions, at least one of the factors listed must be related to the relevant service of the individual (Section 4). These factors include smoking at least 10 pack years of cigarettes or equivalent tobacco products before the onset of the condition, with specific criteria regarding the timing of smoking and cessation (Section 5(a)); consuming at least 250 kilograms of alcohol over a 25-year period within the 40 years preceding the onset (Section 5(b)); being unable to perform more than mildly strenuous physical activity for at least 10 years within the 20 years before onset (Section 5(c)); being obese for at least 15 years within the 30 years before onset (Section 5(d)); and an inability to obtain appropriate clinical management for colorectal adenoma (Section 5(e)). Failure to comply with the obligations stipulated by the Statement of Principles can lead to various consequences. While the document does not specify explicit penalties for non-compliance, breaches of the Veterans’ Entitlements Act 1986 or related legislation can result in legal action, fines, or other penalties as prescribed by the relevant laws. The inability to obtain appropriate clinical management for colorectal adenoma (Section 5(e)) may particularly impact the eligibility for entitlements, depending on the circumstances of the individual's service and the factors involved.

Legal classification tags

Area of Law
Veterans’ Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

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.