Statement of Principles concerning malignant neoplasm of the nasopharynx No. 26 of 2011

Administered by Department of Veterans' Affairs

Legislation au F2011L00781 Not in force Legislative Instrument

Legislation content

REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 26 of 2011

 

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. 168 of 1996, determined under subsection 196B(3) of the VEA concerning malignant neoplasm of the nasopharynx.

 

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 nasopharynx and death from malignant neoplasm of the nasopharynx 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. 26 of 2011 concerning malignant neoplasm of the nasopharynx.  This Instrument will in effect replace the revoked Statement 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 nasopharynx or death from malignant neoplasm of the nasopharynx is connected with the circumstances of that service.

 

5.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 25 June 2008 concerning malignant neoplasm of the nasopharynx 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 this Instrument are in similar terms as the revoked Instrument.  Comparing this Instrument and the revoked Instrument, 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 nasopharynx' in clause 3;
  • revising factor 6(a) concerning 'inhaling wood dust';
  • revising factor 6(b) concerning 'being infected with Epstein-Barr virus';
  • new factor 6(c) concerning 'being infected with human immunodeficiency virus';
  • revising factor 6(d) concerning 'smoking cigarettes';
  • revising factor 6(e) concerning 'exposure to mustard gas';
  • new factor 6(f) concerning 'inhaling formaldehyde';
  • new factor 6(g) concerning 'working in an environment where inhalational exposure to formaldehyde occurs ';
  • new factor 6(h) concerning 'consumption of Chinese-style salted fish';
  • revising factor 6(i) concerning 'inability to obtain appropriate clinical management';
  • new definitions of 'Chinese-style salted fish', 'death from malignant neoplasm of the nasopharynx', 'ICD-10-AM code', 'inhaling wood dust', 'pack-years of cigarettes, or the equivalent thereof in other tobacco products' and 'terminal event' in clause 9;
  • revising definition of 'relevant service' in clause 9;
  • deleting definitions of 'being infected with the Epstein-Barr virus', 'being exposed to mustard gas', 'being heavily occupationally exposed to wood dust', 'ICD code', 'nasopharyngeal carcinoma' and 'pack-year'; 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 nasopharynx in the Government Notices Gazette of 25 June 2008, 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 Instrument finalises the investigation in relation to malignant neoplasm of the nasopharynx as advertised in the Government Notices Gazette of 25 June 2008.

 

10.         A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA.  Any such request must be made in writing to the Repatriation Medical Authority at the following address:

 

The Registrar

Repatriation Medical Authority Secretariat

GPO Box 1014

BRISBANE    QLD    4001

Overview

The Repatriation Medical Authority Instrument No. 26 of 2011, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was enacted to address the issue of malignant neoplasm of the nasopharynx and its connection to particular kinds of service, particularly eligible war service, defence service, and peacetime service. This legislation was enacted by the Repatriation Medical Authority, as it has the power to determine Statements of Principles concerning service-connected diseases and injuries. The primary objective of this instrument is to establish a set of principles that must be satisfied for malignant neoplasm of the nasopharynx or death from the condition to be considered connected to the service of an individual. This instrument serves to replace the previously revoked Statement of Principles, providing an updated and revised set of guidelines for assessing claims related to this condition.

Scope and Application

The Repatriation Medical Authority Instrument No. 26 of 2011, under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), pertains to malignant neoplasm of the nasopharynx and aims to determine the likelihood of this condition or death from it being related to certain types of military service. The Authority's determination is based on sound medical-scientific evidence, leading to the formulation of a Statement of Principles that outlines the necessary factors connecting the condition to eligible war service, defence service, or peacetime service. This instrument applies to individuals who have served in the aforementioned capacities and who are seeking compensation under the VEA or MRCA for service-related injuries, diseases, or deaths occurring on or after 1 July 2004. The instrument applies nationally, with its provisions overseen by the Military Rehabilitation and Compensation Commission. The instrument supersedes the previous Instrument No. 168 of 1996, incorporating updates such as revised definitions, new factors related to the condition, and a streamlined format. The instrument does not include any explicit exclusions but is contingent on the evidence and factors outlined within its terms.

Key Provisions

The main sections of the Repatriation Medical Authority Instrument No. 26 of 2011, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, focus on the determination of a Statement of Principles concerning malignant neoplasm of the nasopharynx. Section 2 revokes the previous Instrument No. 168 of 1996 and introduces the new Statement of Principles (subsection 196B(3) of the VEA) based on the latest medical-scientific evidence, suggesting a probable link between malignant neoplasm of the nasopharynx, death from this condition, and certain types of service. Section 3 outlines the criteria for determining claims under the Military Rehabilitation and Compensation Act 2004, particularly for injuries or diseases sustained or contracted on or after 1 July 2004, which are assessed by the Military Rehabilitation and Compensation Commission with reference to the new Statement of Principles. The obligations imposed by the Act on parties or entities include the Repatriation Medical Authority's responsibility to review and update the Statement of Principles based on the most current medical-scientific evidence. The Authority is mandated to consider all relevant submissions and evidence during investigations and to ensure that the Statement of Principles accurately reflects the current understanding of the condition in question. The Authority is also required to advertise its intention to investigate and to invite submissions from relevant organisations and individuals, although no submissions were received for this particular investigation. In terms of consequences for breach, the Act does not explicitly outline specific offences, penalties, or consequences for non-compliance with the Statement of Principles or the determination process. However, the failure to adhere to the legislative requirements for determining and updating the Statement of Principles could potentially result in legal challenges regarding the validity of compensation claims. The implications of such challenges could extend to both the Repatriation Medical Authority and claimants, potentially affecting the legitimacy and enforceability of compensation decisions. The focus remains on ensuring that the legislative process is transparent, evidence-based, and responsive to the latest medical understandings to protect the rights of veterans and service personnel.

Legal classification tags

Area of Law
Veterans' Affairs Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Licensing & Registration
Reporting & Disclosure Obligations

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.