REPATRIATION MEDICAL AUTHORITY

INSTRUMENT NO. 96 of 2007

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

EXPLANATORY NOTES FOR TABLING

1. The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA) revokes Instrument No. 24 of 2000 determined under subsection 196B(3) of the VEA concerning malignant neoplasm of the bladder and death from malignant neoplasm of the bladder.

2.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that malignant neoplasm of the bladder and death from malignant neoplasm of the bladder can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(3) of the VEA a Statement of Principles, Instrument No. 96 of 2007 concerning malignant neoplasm of the bladder.  This Instrument will in effect replace the revoked Statements of Principles.

3.             The provisions of the Military Rehabilitation and Compensation Act 2004 (the MRCA) relating to claims for compensation commenced on 1 July 2004.  Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.

4.             The Statement of Principles sets out the factors that must exist, and which of those factors must be related to the following kinds of service rendered by a person:

 eligible war service (other than operational service) under the VEA;

 defence service (other than hazardous service) under the VEA;

 peacetime service under the MRCA,

before it can be said that, on the balance of probabilities, malignant neoplasm of the bladder or death from malignant neoplasm of the bladder is connected with the circumstances of that service.

5.             This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 21 December 2005 concerning malignant neoplasm of the bladder in accordance with section 196G of the Act.  The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.

6.             The contents of the new Instrument are in similar terms as the revoked Instruments.  Comparing the new and the revoked Instruments, the differences include:

• adopting the latest revised Instrument format, which commenced in 2005;
• deleting the ICD code from the Instrument header;
• revising the definition of 'malignant neoplasm of the bladder' in clause 3;
• revising factor 6(a) concerning 'Schistosoma haematobium';
• revising factor 6(d) concerning aromatic amines';
• revising factor 6(e) concerning 'systemic cyclophosphamide or ifosfamide';
• new factor 6(f) concerning 'phenacetin';
• new factor 6(g) concerning 'Aristolochia fangchi';
• revising factor 6(i) concerning 'polycyclic aromatic hydrocarbons';
• new factor 6(j) concerning 'fumes';
• new factor 6(k) concerning 'arsenic';
• new factor 6(l) concerning 'indwelling bladder catheter';
• new factor 6(m) concerning 'renal transplant';
• new factor 6(n) concerning 'dialysis';
• revising definitions of 'cumulative equivalent dose'; 'ICD-10-AM code'; 'polycyclic aromatic hydrocarbons' and 'relevant service' in clause 9;
• new definitions of 'an aromatic amine'; 'being exposed to arsenic as specified'; 'being exposed to fumes containing high concentrations of polycyclic aromatic hydrocarbons' and ' one of the aromatic amines from the specified list' in clause 9;
• deleting definitions of 'being exposed to one of the chemicals from the specified list'; 'being exposed to polycyclic aromatic hydrocarbons (PAH)' and 'benzene soluble matter (BSM)'; and
• specifying a date of effect for the Instrument in clause 11.

7.             Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

8.             Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to malignant neoplasm of the bladder in the Government Notices Gazette of 21 December 2005, and circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants.  The Authority invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field.  One submission was received for consideration by the Authority during the investigation.

9.             The determining of this new instrument finalises the investigation in relation to malignant neoplasm of the bladder as advertised in the Government Notices Gazette of 21 December 2005.

10.         A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.