Statement of Principles concerning malignant neoplasm of the endometrium No. 99 of 2007

Administered by Department of Veterans' Affairs

Legislation au F2007L03575 Not in force Legislative Instrument

Legislation content

 

 

 

Statement of Principles

 

concerning

 

MALIGNANT NEOPLASM OF THE ENDOMETRIUM

Instrument No. 99 of 2007 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 4 August 2011 taking into account Amendment of Statement of Principles concerning MALIGNANT NEOPLASM OF THE ENDOMETRIUM (Instrument No. 91 of 2011)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane


Statement of Principles

concerning

 

MALIGNANT NEOPLASM OF THE ENDOMETRIUM

No. 99 of 2007

 

for the purposes of the

 

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

 

Title

  1. This Instrument may be cited as Statement of Principles concerning malignant neoplasm of the endometrium No. 99 of 2007.

 

Determination

2.                  The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):

(a) revokes Instrument No. 129 of 1995, as amended by Instrument No. 183 of 1996 and Instrument No. 45 of 2003, concerning malignant neoplasm of the endometrium; and

(b) determines in their place this Statement of Principles.

 

Kind of injury, disease or death

3. (a) This Statement of Principles is about malignant neoplasm of the endometrium and death from malignant neoplasm of the endometrium.

(b)              For the purposes of this Statement of Principles, "malignant neoplasm of the endometrium" means a primary malignant neoplasm arising from the cells of the mucous membrane that lines the uterine cavity, including carcinoma in situ. This definition excludes malignant neoplasm of the cervix, soft tissue sarcoma of the uterus, non-Hodgkin’s lymphoma and Hodgkin’s lymphoma.

 

(c)               Malignant neoplasm of the endometrium attracts ICD-10-AM code C54.1.

(d)              In the application of this Statement of Principles, the definition of "malignant neoplasm of the endometrium" is that given at paragraph 3(b) above.

 

Basis for determining the factors

4. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that malignant neoplasm of the endometrium and death from malignant neoplasm of the endometrium can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA).

 

Factors that must be related to service

5. Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.

 

Factors

6. The factor that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting malignant neoplasm of the endometrium or death from malignant neoplasm of the endometrium with the circumstances of a person’s relevant service is:

 

(a)               for endometrioid adenocarcinoma in post-menopausal females only:

(i)                being nulliparous at the time of the clinical onset of malignant neoplasm of the endometrium; or

 

(ii)              having oestrogen-only hormone replacement therapy for at least three months before the clinical onset of malignant neoplasm of the endometrium, and where the use of oestrogen-only hormone replacement therapy has ceased, the clinical onset of malignant neoplasm of the endometrium has occurred within thirty years of cessation; or

(iii)           having cyclical combined hormone replacement therapy for a continuous period of at least two years before the clinical onset of malignant neoplasm of the endometrium, and where the use of cyclical combined hormone replacement therapy has ceased, the clinical onset of malignant neoplasm of the endometrium has occurred within ten years of cessation; or

 

(b)              for endometrioid adenocarcinoma only, having polycystic ovary syndrome at the time of the clinical onset of malignant neoplasm of the endometrium; or

 

(c)               for malignant neoplasm of the endometrium in post-menopausal females only, undergoing treatment with tamoxifen for a period of at least three months before the clinical onset of malignant neoplasm of the endometrium, and where treatment has ceased, the clinical onset of malignant neoplasm of the endometrium has occurred within ten years of that period; or

 

(d)              using the sequential oral contraceptive pill Oracon within the twenty years before the clinical onset of malignant neoplasm of the endometrium; or

 

(e)               for non-endometrioid adenocarcinoma only, having received a course of therapeutic radiation to the pelvic organs at least five years before the clinical onset of malignant neoplasm of the endometrium; or

 

(f)                being obese for a period of at least five years within the 20 years before the clinical onset of malignant neoplasm of the endometrium; or

 

(g)              an inability to undertake regular physical activity greater than three METs for at least ten years within the 20 years before the clinical onset of malignant neoplasm of the endometrium; or

 

(h)              inability to obtain appropriate clinical management for malignant neoplasm of the endometrium.

 

Factors that apply only to material contribution or aggravation

7. Paragraph 6(h) applies only to material contribution to, or aggravation of, malignant neoplasm of the endometrium where the person’s malignant neoplasm of the endometrium was suffered or contracted before or during (but not arising out of) the person’s relevant service.

 


Inclusion of Statements of Principles

8. 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 as in force from time to time.

 

Other definitions

9.                  For the purposes of this Statement of Principles:

 

"a course of therapeutic radiation" means one or more fractions (treatment portions) of ionising radiation administered with the aim of achieving palliation or cure with gamma rays, x-rays, alpha particles or beta particles;

 

"being obese" means an increase in body weight by way of fat accumulation which results in a Body Mass Index (BMI) of thirty 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;

 

"cyclical combined hormone replacement therapy" means the administration of oestrogen combined with the cyclical administration of progesterone for less than ten days during each treatment cycle, to combat surgically induced or naturally occurring menopause;

 

"death from malignant neoplasm of the endometrium" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s malignant neoplasm of the endometrium;

 

"endometrioid adenocarcinoma" means a malignant neoplasm of the endometrium that develops from endometrial hyperplasia in the setting of excess oestrogen exposure, and in which endometrial-type glands of varying differentiation are recognisable on microscopy;

 

"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), Fifth Edition, effective date of 1 July 2006, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 772 3;

 

"MET" means 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;

 

"nulliparous" means having never given birth to a viable infant;

 

"oestrogen-only hormone replacement therapy" means the continuous, cyclical or intermittent administration of unopposed oestrogen, to combat surgically induced or naturally occurring menopause;

 

"polycystic ovary syndrome" means a clinical symptom complex, also known as Stein-Leventhal syndrome, associated with polycystic ovaries and characterised by oligomenorrhea or amenorrhea, anovulation and hirsutism;

 

"relevant service" means:

(a) operational service under the VEA;

(b) peacekeeping service under the VEA;

(c)               hazardous service under the VEA;

(d)              warlike service under the MRCA; or

(e)               non-warlike service under the MRCA;

 

"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;

 

"the sequential oral contraceptive pill Oracon" means a contraceptive pill containing a potent oestrogen (0.1 g ethinyloestradiol) and a weak progestogen (25 mg dimethisterone), in which oestrogen was given alone for the first 16 days of the cycle, followed by five to seven days of  combined oestrogen plus progestogen.

 

Application

10. This Instrument applies to all matters to which section 120A of the VEA or section 338 of the MRCA applies.

 


Date of effect

11. This Instrument takes effect from 19 September 2007.


Notes to Statement of Principles concerning malignant neoplasm of the endometrium (Instrument No. 99 of 2007)

 

The Statement of Principles concerning malignant neoplasm of the endometrium (Instrument No. 99 of 2007) in force under section 196B(2) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

 

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning malignant neoplasm of the endometrium (Instrument No. 99 of 2007)

13 September 2007

 

F2007L03575

19 September 2007

 

 

Amendment of Statement of Principles concerning malignant neoplasm of the endometrium (Instrument No. 91 of 2011)

8 July 2011

 

F2011L01452

 

13 July 2011

 

 

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Clause 6(e)

rep. Instrument  No. 91 of 2011

Clause 6(f) to (h)

am. Instrument  No. 91 of 2011

Clasue 7 – '6(h)…'

am. Instrument  No. 91 of 2011

Clause 9 – ' "a course of therapeutic radiation"…'

rep. Instrument  No. 91 of 2011

 

 

 

Overview

The Statement of Principles concerning malignant neoplasm of the endometrium No. 99 of 2007 was enacted to address the problem of linking malignant neoplasm of the endometrium and death from such neoplasm to relevant service rendered by veterans, members of peacekeeping forces, or members of the forces under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislative instrument was made under section 196B(2) of the VEA by the Repatriation Medical Authority, aiming to provide a framework for establishing a connection between the specified conditions and the service rendered by the eligible individuals. The policy objective is to ensure that veterans and relevant personnel who suffer from malignant neoplasm of the endometrium or die from such a condition can be appropriately compensated if it can be demonstrated that their service has contributed to their condition. This legislation provides the necessary criteria and factors to be considered in determining such a connection.

Scope and Application

The Statement of Principles concerning malignant neoplasm of the endometrium No. 99 of 2007 applies to veterans, members of Peacekeeping Forces, and members of the Australian Defence Force as defined under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It pertains specifically to cases of malignant neoplasm of the endometrium, which is defined as a primary malignant neoplasm arising from the cells of the mucous membrane that lines the uterine cavity, including carcinoma in situ. The Act excludes malignant neoplasm of the cervix, soft tissue sarcoma of the uterus, non-Hodgkin’s lymphoma, and Hodgkin’s lymphoma. The geographical jurisdiction of this Act is nationwide in Australia, encompassing all states and territories. This Statement of Principles is effective from 19 September 2007 and has been amended by Instrument No. 91 of 2011, which took effect on 13 July 2011. The Act can be further extended or modified through subordinate instruments, ensuring that it remains aligned with evolving medical-scientific evidence.

Key Provisions

The Statement of Principles concerning Malignant Neoplasm of the Endometrium (Instrument No. 99 of 2007) outlines the circumstances under which malignant neoplasm of the endometrium and death from this condition can be considered related to the service of veterans, members of Peacekeeping Forces, or members of the Australian Defence Force (sections 3 and 4). This Statement of Principles revokes previous instruments concerning malignant neoplasm of the endometrium and establishes new criteria for determining such conditions in relation to service (section 2). The primary focus is on malignant neoplasm of the endometrium, which is defined as a primary malignant neoplasm arising from the cells of the mucous membrane lining the uterine cavity, excluding other related conditions (section 3(b)). The Instrument requires that at least one of the specified factors, such as nulliparity, hormone therapy usage, or therapeutic radiation, must be related to the person's relevant service to establish a connection (section 5 and 6). For example, a post-menopausal female with endometrioid adenocarcinoma must have been nulliparous at the time of clinical onset or have used oestrogen-only hormone replacement therapy for at least three months before the onset and the neoplasm occurring within thirty years of cessation (section 6(a)(i) and (ii)). The Act imposes obligations on veterans, members of Peacekeeping Forces, and members of the Australian Defence Force to provide evidence that the specified factors apply to their service and that these factors are related to their military service (section 5). Claimants must demonstrate that they meet at least one of the outlined factors and that these factors are connected to their relevant service. This involves providing medical evidence and service records that support the connection between the malignant neoplasm of the endometrium and their service. For example, a claimant must provide documentation showing they were nulliparous or used hormone replacement therapy as required by section 6, and this must be tied to their service history. Violations of the provisions outlined in this Statement of Principles do not directly result in criminal or civil penalties as it is primarily a guideline for determining entitlement to benefits rather than a regulatory framework with enforcement mechanisms. However, any misrepresentation of facts or fraudulent claims in relation to these entitlements can lead to serious consequences under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. These can include civil penalties, recovery of payments, and in severe cases, criminal prosecution for fraud. The maximum penalties for fraud under these Acts can include substantial fines and imprisonment, reflecting the seriousness of misrepresenting facts to obtain benefits.

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