REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 100 of 2007
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA) revokes Instrument No. 130 of 1995, as amended by Instrument No. 184 of 1996 and Instrument No. 46 of 2003, determined under subsection 196B(3) of the VEA concerning malignant neoplasm of the endometrium and death from malignant neoplasm of the endometrium.
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 endometrium and death from malignant neoplasm of the endometrium 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. 100 of 2007 concerning malignant neoplasm of the endometrium. 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 endometrium or death from malignant neoplasm of the endometrium 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 2 November 2005 concerning malignant neoplasm of the endometrium in accordance with section 196G of the VEA. 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 endometrium' in clause 3;
- revising factor 6(a)(i) concerning 'being nulliparous';
- revising factors 6(a)(ii) and 6(a)(iii) concerning 'hormone replacement therapy';
- revising factor 6(b) concerning 'polycystic ovary syndrome';
- revising factor 6(c) concerning 'tamoxifen';
- new factor 6(d) concerning 'Oracon';
- revising factor 6(e) concerning 'being obese';
- new definitions of 'cyclical combined hormone replacement therapy'; 'death from malignant neoplasm of the endometrium'; 'endometrioid adenocarcinoma'; 'ICD-10-AM code'; 'oestrogen-only hormone replacement therapy'; 'polycystic ovary syndrome'; 'relevant service'; 'terminal event' and 'the sequential oral contraceptive pill Oracon' in clause 9;
- deleting definitions of 'baseline weight'; 'combined oral contraceptive pill'; 'hormonal replacement therapy'; 'ICD code' and 'Stein-Leventhal syndrome (also known as polycystic ovary disease)'; 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 endometrium in the Government Notices Gazette of 2 November 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. No submissions were 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 endometrium as advertised in the Government Notices Gazette of 2 November 2005.
10. A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.