Statement of Principles concerning endometriosis No. 7 of 2004

Overview

The Statement of Principles concerning Endometriosis was determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986. This legislative instrument addresses the problem of establishing a clear connection between endometriosis and service rendered by veterans, members of Peacekeeping Forces, or members of the Armed Forces. The Repatriation Medical Authority concluded that there is sufficient medical-scientific evidence to support a reasonable hypothesis that endometriosis and death from endometriosis can be related to relevant service. This determination is crucial in providing necessary entitlements and support to affected veterans and their families. The policy objective outlined in the Statement of Principles is to ensure that veterans who suffer from endometriosis or have died from the condition are recognised and compensated appropriately. By identifying specific factors that must be related to service, such as hormone replacement therapy, tamoxifen therapy, surgery or trauma, and the presence of certain chemical levels, the legislation aims to facilitate claims and provide clarity for those seeking compensation. This legislative instrument is instrumental in recognising and addressing the health impacts experienced by veterans due to their service.

Scope and Application

The Statement of Principles concerning Endometriosis under the Veterans' Entitlements Act 1986 applies to veterans, members of Peacekeeping Forces, and members of the Forces who have been diagnosed with endometriosis or who have died from conditions related to endometriosis. This legislative instrument, determined by the Repatriation Medical Authority, specifies that there is sufficient medical-scientific evidence to link endometriosis and death from endometriosis to relevant service rendered by these individuals. The determination establishes specific factors that must be related to the service to substantiate a connection, such as undergoing hormone replacement therapy or tamoxifen therapy immediately before the onset or worsening of endometriosis, having surgery or trauma involving the site of endometriosis, or having a certain level of 2,3,7,8-TCDD in the blood at the onset of the condition. Notably, the Statement of Principles also applies to material contributions to or aggravations of endometriosis, provided the condition was contracted before or during service. This determination extends its application to include injuries or diseases covered by other Statements of Principles, thereby integrating relevant factors from those instruments. The geographic and jurisdictional reach of this legislative instrument is inherently tied to the scope of the Veterans' Entitlements Act 1986, which applies Commonwealth-wide, thereby extending its application across Australia.

Key Provisions

The primary operative sections of this legislative instrument, the Statement of Principles concerning Endometriosis, determine the scope and applicability of the Act's provisions concerning endometriosis and death from endometriosis (s 2). It explicitly defines "endometriosis" as a condition where tissue containing typical endometrial glandular and stromal elements occurs ectopically, resulting in clinical symptoms or requiring treatment (s 2(b)). It further clarifies that this definition is to be used consistently throughout the application of the Statement of Principles (s 2(d)). The Repatriation Medical Authority has determined that there is sound medical-scientific evidence linking endometriosis and death from endometriosis to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces (s 3). For a reasonable hypothesis to be raised connecting endometriosis or death from endometriosis with a person's relevant service, at least one of the factors listed in section 5 must be related to that service (s 4). This Act imposes specific obligations on parties, including the requirement that at least one factor from section 5 must be related to the relevant service of a person for a connection to be made between endometriosis or death from endometriosis and that service (s 4). Additionally, the Act stipulates that paragraphs 5(e) to 5(g) apply only to material contribution to, or aggravation of, endometriosis when the condition was suffered or contracted before or during relevant service but not arising out of that service (s 6). Furthermore, if a relevant factor includes an injury or disease with an existing Statement of Principles, the factors from that other Statement of Principles apply accordingly (s 7). The legislation does not explicitly state any offences, penalties, or civil/criminal consequences for breaches. However, the implications of not adhering to the provisions could potentially impact the eligibility and benefits of veterans seeking compensation related to endometriosis. The severity and nature of the consequences would depend on the context and the specific circumstances of any non-compliance, but there is no maximum penalty stated within the text.