Statement of Principles concerning malignant neoplasm of the ovary No. 44 of 1997

Overview

The Repatriation Medical Authority, under subsection 196B(3) of the Veterans’ Entitlements Act 1986, has revoked Instrument No.132 of 1995 and determined a new Statement of Principles concerning malignant neoplasm of the ovary and death from this condition. This legislative instrument addresses the medical-scientific evidence suggesting that malignant neoplasm of the ovary, and death from this condition, can be related to the service rendered by veterans or members of the Forces. The Repatriation Medical Authority has concluded, based on the available evidence, that it is more probable than not that such a relationship exists. This instrument is applicable to all matters to which section 120B of the Act applies, ensuring that veterans who have served in relevant capacities can claim for this condition under the appropriate provisions.

Scope and Application

The Legislative Instrument No.44 of 1997 under the Veterans’ Entitlements Act 1986 revokes Instrument No.132 of 1995 and establishes a new Statement of Principles concerning malignant neoplasm of the ovary and death from malignant neoplasm of the ovary, applying to veterans and members of the Australian Defence Forces. This legislation pertains specifically to the determination of malignant neoplasm of the ovary, defined as a primary malignant neoplasm arising from the cells of the ovary, including cell types of borderline malignant potential, with the relevant ICD codes 183.0 or 236.2. The legislation explicitly excludes soft tissue sarcoma, non-Hodgkin's lymphoma, and Hodgkin's disease from its purview. The Repatriation Medical Authority has determined, based on available medical-scientific evidence, that it is more probable than not that malignant neoplasm of the ovary and death from such a condition can be related to relevant service rendered by veterans or members of the Forces. For the connection to be substantiated, certain factors must be related to the relevant service, such as being nulliparous at the time of clinical onset unless nulliparity is due to oral contraceptive use, tubal ligation, or hysterectomy, or inability to obtain appropriate clinical management for the neoplasm. The legislation also provides specific definitions for key terms and applies to all matters to which section 120B of the Act applies, thereby extending its reach through the Act's provisions.

Key Provisions

The legislative instrument in question revokes Instrument No.132 of 1995 and establishes a new Statement of Principles regarding malignant neoplasm of the ovary and death from malignant neoplasm of the ovary, under subsection 196B(3) of the Veterans' Entitlements Act 1986 (the Act) (section 1). This Statement of Principles is specifically focused on malignant neoplasms arising from the ovary, including those with borderline malignant potential, which are identified by ICD codes 183.0 or 236.2, and excludes soft tissue sarcoma, non-Hodgkin's lymphoma, and Hodgkin's disease (sections 2 and 7). The Repatriation Medical Authority has determined that it is more probable than not that malignant neoplasm of the ovary and death from such a condition can be related to relevant service rendered by veterans or members of the Defence Forces, based on available medical-scientific evidence (section 3). Under this Statement of Principles, the factors that must be related to any relevant service rendered by a person include, for epithelial ovarian cancer, being nulliparous at the time of the clinical onset of the neoplasm, unless this state is due to treatment with the oral contraceptive pill or to tubal ligation or hysterectomy (section 5(a)). Additionally, the inability to obtain appropriate clinical management for the neoplasm must be related to service (section 5(b)). It is important to note that paragraph 5(b) applies only to material contribution to, or aggravation of, malignant neoplasm of the ovary when the neoplasm was suffered or contracted before or during service, but not arising out of service (section 6). The legislation imposes several obligations and requirements on the parties it governs. The Repatriation Medical Authority is tasked with determining the factors that must be related to service and establishing the Statement of Principles based on sound medical-scientific evidence (section 3). For claimants, they must provide evidence that the factors specified in the Statement of Principles are related to their relevant service, such as proof of nulliparity at the time of the clinical onset of the neoplasm or evidence of inability to obtain appropriate clinical management (section 5). Any exclusions or limitations in the definitions must also be considered, particularly regarding the types of neoplasms covered and the specific conditions under which certain factors apply (section 7). There are no explicit offences, penalties, or civil/criminal consequences mentioned within the text of this instrument for breach of the provisions. However, the failure to meet the obligations or provide necessary evidence as required by the Statement of Principles could result in the denial of entitlements or benefits under the Act. The consequences of such a denial would depend on the specific circumstances and the provisions of the Veterans' Entitlements Act 1986. The instrument itself does not specify maximum penalties but leaves the enforcement and consequences to be addressed under the broader legislative framework.