REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 46 of 2005
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. 56 of 1997 of 4 July 1997 and Instrument No. 21 of 2002 of 9 January 2002, each of which were determined under subsection 196B(3) of the VEA concerning malignant neoplasm of the pancreas.
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 pancreas and death from malignant neoplasm of the pancreas can be related to particular kinds of service. The Authority has therefore determined, pursuant to subsection 196B(3) of the VEA, Statement of Principles concerning malignant neoplasm of the pancreas No. 46 of 2005. This Instrument will replace the revoked Statement of Principles.
3. Pursuant to the provisions of the VEA and the Military Rehabilitation and Compensation Act 2004 (‘the MRCA’), claims for pension under the VEA or compensation under the MRCA are determined by the Repatriation Commission or 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 pancreas or death from malignant neoplasm of the pancreas is connected with the circumstances of that service.
5. This new instrument results from the investigation concerning malignant neoplasm of the pancreas, notified by the Authority in the Government Notices Gazettes of 20 August 2003 and 14 July 2004, 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 title and format of this new Instrument have been varied, including a new titling clause 1, headnote to clause 2 and the renumbering of subsequent clauses. These changes have been introduced in order to assist users in locating the appropriate Instrument when searching the Federal Register of Legislative Instruments.
7. The contents of the new Instrument are in similar terms as the revoked Instruments. Comparing the new and the revoked Instruments, the significant differences include:
- changing the definition of ‘malignant neoplasm of the pancreas’ in clause 3;
- a new factor 6(b) relating to smokeless tobacco;
- rewording factor 6(d) relating to chronic pancreatitis, requiring chronic pancreatitis at least five years before clinical onset;
- deleting the factor relating to spraying or decanting DDT;
- a new factor 6(e) relating to being obese;
- deleting the definitions in clause 9 of ‘chronic pancreatitis’, ‘ICD code’, ‘malignant neoplasm of the exocrine pancreas’ and ‘pack year’;
- revising the definition of ‘relevant service’ in clause 9;
- including new definitions in clause 9 of ‘being obese’, ‘death from malignant neoplasm of the pancreas’, ‘ICD-10-AM code’, ‘pack years of cigarettes, or the equivalent thereof in other tobacco products’, ‘smokeless tobacco’ and ‘terminal event’; and
- specifying a date of effect for the Instrument in clause 11.
8. 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.
9. Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to malignant neoplasm of the pancreas in the Government Notices Gazette of 20 August 2003, 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.
10. Following the commencement of the MRCA, the Authority published a “Further Notice of Investigations” in the Government Notices Gazette of 14 July 2004, extending the closing date for submissions in relation to the above mentioned investigation until 10 September 2004. The Authority again invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA (who include persons eligible to make a claim under the MRCA), as well as the Military Rehabilitation and Compensation Commission and any person having expertise in the field.
11. Two submissions were received and considered by the Authority during the investigation.
12. On 12 September 2005, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed instrument, the medical-scientific evidence considered by the Authority and drawing attention to the non-inclusion of a factor relating to spraying or decanting DDT in the proposed new instrument. The Authority provided an opportunity to the organisations to make representations in relation to the proposed instrument prior to its determination. No representations were received.
13. The determining of this new instrument finalises the investigation in relation to malignant neoplasm of the pancreas which was advertised in the Government Notices Gazettes of 20 August 2003 and 14 July 2004.
14. A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.