Statement of Principles concerning malignant neoplasm of the renal pelvis and ureter No. 155 of 1996

Overview

The Veterans’ Entitlements Act 1986 was enacted to provide for the payment of pensions, allowances, and other benefits to veterans, members of Peacekeeping Forces, and members of the Forces and their dependants. The Act was introduced to address the need for a comprehensive legislative framework that recognises and compensates individuals who have suffered injuries, diseases, or death as a result of their service. This Statement of Principles concerning malignant neoplasm of the renal pelvis and ureter, determined by the Repatriation Medical Authority under subsection 196B(2) of the Act, is a specific legislative instrument that identifies the medical conditions related to service and establishes the criteria for veterans to claim benefits related to these conditions. The policy objective of this Statement of Principles is to provide a clear and accessible framework for veterans to seek recognition and compensation for service-related malignant neoplasm of the renal pelvis and ureter and death from malignant neoplasm of the renal pelvis and ureter. This determination outlines the medical-scientific evidence that links malignant neoplasm of the renal pelvis and ureter and death from malignant neoplasm of the renal pelvis and ureter to relevant service, and specifies the factors that must be related to service for a reasonable hypothesis to be raised. These factors include smoking history, phenacetin consumption, thorotrast injections, and inability to obtain appropriate clinical management. The Statement of Principles also clarifies that certain conditions, such as soft tissue sarcoma, non-Hodgkin's lymphoma, and Hodgkin's disease, are excluded from coverage by this instrument. By establishing these criteria, the legislation aims to ensure that eligible veterans receive the benefits and support they need to manage their conditions and maintain their quality of life.

Scope and Application

The Statement of Principles concerning Malignant Neoplasm of the Renal Pelvis and Ureteri, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, applies to veterans, members of Peacekeeping Forces, and members of the Forces who have developed malignant neoplasm of the renal pelvis and ureter or have died from this condition. This condition specifically refers to a primary malignancy in the upper urinary outflow tract, which includes the renal calyces, renal pelves, and the ureters, but excludes the ureteric openings into the bladder, and is assigned the ICD codes 189.1 or 189.2. Notably, the definition excludes soft tissue sarcoma, non-Hodgkin's lymphoma, and Hodgkin's disease. The Act's application is contingent on establishing a reasonable hypothesis that the malignant neoplasm or death from such a neoplasm is related to the person's relevant service, which may include operational service, peacekeeping service, or hazardous service. The Statement of Principles also outlines specific factors that must be related to service, such as smoking at least five pack-years or the equivalent in other tobacco products at least ten years prior to the clinical onset, or a total consumption of 50 grams of phenacetin in phenacetin-containing preparations at least ten years prior to the clinical onset.

Key Provisions

The Statement of Principles (F2008B00548) determines that malignant neoplasm of the renal pelvis and ureter, as well as death from this condition, can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces (s. 2). Specifically, it covers primary malignancies of the renal pelvis and ureter, attracting ICD codes 189.1 and 189.2, while excluding certain diseases such as soft tissue sarcoma, non-Hodgkin's lymphoma and Hodgkin's disease (s. 2(b)). To establish a connection between the condition and service, one of the factors in clause 5 must be related to the person’s relevant service (s. 4). The factors that must exist to raise a reasonable hypothesis include, for carcinoma of the renal pelvis and ureter, smoking at least five pack-years or consuming 50 grams of phenacetin at least ten years before the onset of the condition, having had an intravascular or intracavital injection of thorotrast, or an inability to obtain appropriate clinical management for the condition (s. 5). For aggravation or material contribution to the condition, the factor in clause 5(c) applies where the condition was suffered or contracted before or during service but not arising out of it (s. 6). Definitions provided include 'carcinoma of the renal pelvis and ureter', 'ICD code', 'pack-year', 'phenacetin', 'relevant service', and 'thorotrast' (s. 7). The Statement imposes obligations on parties to ensure that the factors relating to malignant neoplasm of the renal pelvis and ureter and death from this condition are related to the relevant service rendered by the veterans, members of Peacekeeping Forces, or members of the Forces (s. 4). This involves providing evidence that one of the factors in clause 5 must exist and be related to the service. The Repatriation Medical Authority must also determine whether the condition can be related to service based on sound medical-scientific evidence (s. 3). For aggravation or material contribution to the condition, the relevant factor in clause 5(c) must be considered where the condition was suffered or contracted before or during service but not arising out of it (s. 6). The Statement of Principles does not explicitly detail specific offences, penalties, or civil/criminal consequences for breach within its text. However, breaches of the Veterans’ Entitlements Act 1986 or related legislation could potentially lead to penalties under those Acts, such as fines or imprisonment, depending on the nature and severity of the breach. The exact penalties would be determined by the relevant provisions of the primary legislation, not this Statement of Principles.