Statement of Principles concerning malignant neoplasm of the testis and paratesticular tissues No. 16 of 2004

Overview

The Instrument No. 16 of 2004 under the Veterans’ Entitlements Act 1986 is a legislative instrument that revokes the previous Statement of Principles concerning malignant neoplasm of the testis and paratesticular tissues and replaces it with a new Statement of Principles. The Repatriation Medical Authority, established under the Veterans’ Entitlements Act 1986, was tasked with this revision to address the evolving understanding of the medical conditions related to service and to ensure that veterans receive appropriate recognition and support. The policy objective behind this revision is to provide clarity and precision in the medical-scientific evidence related to the specific conditions affecting veterans, ensuring that their claims are assessed based on the most current and accurate information available. The new Statement of Principles specifically defines malignant neoplasm of the testis and paratesticular tissues and its associated ICD-10-AM codes, clarifying the conditions that attract these codes and those that are excluded. It establishes that the only factor related to the cause or material contribution to the malignant neoplasm or death from such conditions, which can be linked to relevant service, is the inability to obtain appropriate clinical management. This legislative instrument applies to all matters to which section 120B of the Veterans’ Entitlements Act 1986 applies, ensuring that the updated principles are uniformly applied across relevant cases.

Scope and Application

The Legislative Instrument No. 16 of 2004 under the Veterans’ Entitlements Act 1986, specifically pertains to the revocation and determination of the Statement of Principles concerning malignant neoplasm of the testis and paratesticular tissues. This legislative instrument applies to veterans who have served in eligible war service or defence service and have subsequently developed malignant neoplasm of the testis and paratesticular tissues, or who have died from such a condition. The scope of the Act includes the revocation of the previous Instrument No. 4 of 1997 and the establishment of a new Statement of Principles to define the conditions under which malignant neoplasm of the testis and paratesticular tissues, as well as death from such conditions, are related to relevant service. This legislation sets out specific criteria and definitions, such as the exclusion of soft tissue sarcoma, non-Hodgkin’s lymphoma, and Hodgkin’s disease from the definition of the neoplasm. The application of the Instrument extends to all matters governed by section 120B of the Veterans’ Entitlements Act 1986.

Key Provisions

This legislative instrument (F2005B02469) primarily revokes a previous Statement of Principles concerning malignant neoplasm of the testis and paratesticular tissues, and establishes a new Statement of Principles under section 196B(3) of the Veterans’ Entitlements Act 1986 (section 2). The new Statement of Principles addresses malignant neoplasm of the testis and paratesticular tissues and death from such neoplasms (section 2(a)). It specifies that the term "malignant neoplasm of the testis and paratesticular tissues" refers to a primary malignant neoplasm arising from specific cells of the testis or related tissues, but excludes certain types of cancers such as soft tissue sarcoma, non-Hodgkin's lymphoma, and Hodgkin's disease (sections 2(b) and (d)). This definition is used for the purposes of this Statement of Principles and is assigned the ICD-10-AM codes C62, C63.0, or C63.1 (section 2(c)). The Repatriation Medical Authority has determined, after reviewing available medical-scientific evidence, that the only factor related to the cause or material contribution to malignant neoplasm of the testis and paratesticular tissues or death from such neoplasms, which can be linked to relevant service, is the inability to obtain appropriate clinical management (section 3). For the purposes of this Statement of Principles, "relevant service" is defined as eligible war service (excluding operational service) or defence service (excluding hazardous service) (section 5(a) and (b)). Additionally, "death from malignant neoplasm of the testis and paratesticular tissues" includes death from a terminal event or condition that was contributed to by the neoplasm (section 5(a)). The parties or entities governed by this legislation must adhere to the specified definitions and factors outlined in the Statement of Principles. Specifically, the inability to obtain appropriate clinical management for malignant neoplasm of the testis and paratesticular tissues must be related to the relevant service for any claims concerning malignant neoplasm or death from such neoplasms to be considered (section 4). Failure to meet these criteria or provide accurate information can lead to complications in the processing of claims under the Veterans’ Entitlements Act 1986. There are no explicit offences, penalties, or civil/criminal consequences outlined in this legislative instrument for breaches of the Statement of Principles. However, any non-compliance with the provisions of the Veterans’ Entitlements Act 1986, including the new Statement of Principles, may result in the denial of claims or other administrative penalties as prescribed by the Act. The specific consequences for non-compliance would depend on the broader legal context and any relevant case law or regulations.