Statement of Principles concerning malignant neoplasm of the urethra No. 1 of 2008

Administered by Department of Veterans' Affairs

Legislation au F2008L00018 Not in force Legislative Instrument

Legislation content

 

 

Statement of Principles

 

concerning

 

MALIGNANT NEOPLASM OF THE URETHRA

Instrument No. 1 of 2008 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 4 August 2011 taking into account Amendment of Statement of Principles concerning MALIGNANT NEOPLASM OF THE URETHRA (Instrument No. 92 of 2011)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane


 

Statement of Principles

concerning

 

MALIGNANT NEOPLASM OF THE URETHRA

No. 1 of 2008

 

for the purposes of the

 

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

 

Title

  1. This Instrument may be cited as Statement of Principles concerning malignant neoplasm of the urethra No. 1 of 2008.

 

Determination

2.                  The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):

(a) revokes Instrument No. 233 of 1995 concerning malignant neoplasm of the urethra; and

(b) determines in its place this Statement of Principles.

 

Kind of injury, disease or death

3. (a) This Statement of Principles is about malignant neoplasm of the urethra and death from malignant neoplasm of the urethra.

(b)              For the purposes of this Statement of Principles, "malignant neoplasm of the urethra" means a primary malignant neoplasm arising from the cells lining the urethra. This definition excludes soft tissue sarcoma, carcinoid tumour, non-Hodgkin's lymphoma and Hodgkin's lymphoma.

(c)               Malignant neoplasm of the urethra attracts ICD-10-AM code C68.0.

(d)              In the application of this Statement of Principles, the definition of "malignant neoplasm of the urethra" is that given at paragraph 3(b) above.

 

Basis for determining the factors

4. After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that the only factor that may be related to the cause of or material contribution to or aggravation of malignant neoplasm of the urethra or death from malignant neoplasm of the urethra and which can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA) is that set out in clause 5.

 

Factors that must be related to service

5. The factor that must as a minimum exist in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating malignant neoplasm of the urethra or death from malignant neoplasm of the urethra is inability to obtain appropriate clinical management for malignant neoplasm of the urethra.

 

Other definitions

6. For the purposes of this Statement of Principles:

 

"death from malignant neoplasm of the urethra" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s malignant neoplasm of the urethra;

 

"ICD-10-AM code" means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), Fifth Edition, effective date of 1 July 2006, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 772 3;

 

"relevant service" means:

(a) operational service under the VEA;

(b) peacekeeping service under the VEA;

(c)          hazardous service under the VEA;

(d)          warlike service under the MRCA; or

(e)          non-warlike service under the MRCA;

 

"terminal event" means the proximate or ultimate cause of death and includes:

(a) pneumonia;

(b) respiratory failure;

(c) cardiac arrest;

(d) circulatory failure; or

(e)          cessation of brain function.

 

Application

7. This Instrument applies to all matters to which section 120A of the VEA or section 338 of the MRCA applies.

 

Date of effect

8. This Instrument takes effect from 9 January 2008.


Notes to Statement of Principles concerning malignant neoplasm of the urethra (Instrument No. 1 of 2008)

 

The Statement of Principles concerning malignant neoplasm of the urethra (Instrument No. 1 of 2008) in force under section 196B(2) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

 

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning malignant neoplasm of the urethra (Instrument No. 1 of 2008)

4 January 2008

 

F2008L00018

9 January 2008

 

 

Amendment of Statement of Principles concerning malignant neoplasm of the urethra (Instrument No. 92 of 2011)

8 July 2011

 

F2011L01453

 

13 July 2011

 

 

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Clause 4

rs. Instrument No. 92 of 2011

Clause 5

rs. Instrument No. 92 of 2011

Clause 6

rep. Instrument  No. 92 of 2011

Clause 7

rep. Instrument  No. 92 of 2011

Clause 8

rep. Instrument  No. 92 of 2011

Clause 9 – renumbered to Clause 6

am. Instrument  No. 92 of 2011

Renumbered Clause 6 – ' "a course of therapeutic radiation"…'

rep. Instrument  No. 92 of 2011

Clause 10 – renumbered to Clause 7

am. Instrument  No. 92 of 2011

Clause 11 – renumbered to Clause 8

am. Instrument  No. 92 of 2011

 

 

 

Overview

The Statement of Principles concerning Malignant Neoplasm of the Urethra No. 1 of 2008 was enacted in 2008 and serves to provide guidance under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 regarding the recognition of malignant neoplasm of the urethra as a service-related condition for veterans, members of Peacekeeping Forces, and members of the Australian Defence Force. This legislative instrument was developed by the Repatriation Medical Authority to address the need for clear criteria to determine whether malignant neoplasm of the urethra and subsequent death from such a condition can be attributed to relevant service. The policy objective is to ensure that affected individuals receive appropriate recognition and compensation for service-related health conditions. The instrument revokes the previous Instrument No. 233 of 1995 and establishes new principles to assess malignant neoplasm of the urethra, specifying that the only factor related to service that may cause or materially contribute to the condition is the inability to obtain appropriate clinical management. This legislative instrument applies to all matters under the specified acts and took effect from 9 January 2008. It was subsequently amended in 2011 to refine the criteria and definitions further.

Scope and Application

The Statement of Principles concerning malignant neoplasm of the urethra No. 1 of 2008 applies to veterans, members of Peacekeeping Forces, and members of the Australian Defence Force, as defined under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. Specifically, it pertains to malignant neoplasm of the urethra and death resulting from such a condition, with the condition being a primary malignant neoplasm arising from the cells lining the urethra, excluding certain specified types of cancer such as soft tissue sarcoma, carcinoid tumour, non-Hodgkin's lymphoma, and Hodgkin's lymphoma. The instrument, effective from 9 January 2008, applies to all matters governed by section 120A of the Veterans’ Entitlements Act and section 338 of the Military Rehabilitation and Compensation Act. The legislation was subject to amendment in 2011, with Instrument No. 92 of 2011 amending specific clauses to refine the application and definitions within the original instrument. The Statement of Principles is instrumental in determining the eligibility of veterans and members of the Australian Defence Force for certain benefits related to malignant neoplasm of the urethra.

Key Provisions

The main operative sections of this legislative instrument are the Statement of Principles concerning malignant neoplasm of the urethra (Instrument No. 1 of 2008). This instrument, made under section 196B(2) of the Veterans' Entitlements Act 1986, revokes the previous Statement of Principles concerning malignant neoplasm of the urethra (Instrument No. 233 of 1995) and establishes new principles regarding the disease and its connection to service. Section 3 details the definition of malignant neoplasm of the urethra, excluding certain types of cancers. Section 5 outlines the factor that must exist in relation to a person's service to be connected to the disease or death from it, which is the inability to obtain appropriate clinical management for the condition. This Act imposes several obligations and requirements on the parties it governs. Firstly, it mandates that malignant neoplasm of the urethra must be considered in the context of service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the Veterans' Entitlements Act 1986, or members under the Military Rehabilitation and Compensation Act 2004. Specifically, the inability to obtain appropriate clinical management for the disease during service is recognised as a contributing factor. Additionally, the Act sets forth the application of these principles to all relevant matters under sections 120A of the VEA and 338 of the MRCA, ensuring that the provisions are consistently applied across related cases. Breaches of the provisions set forth in this Act may have significant legal consequences. Although specific offences and penalties are not detailed within the text, the Act operates within the framework of the broader Veterans' Entitlements Act 1986 and Military Rehabilitation and Compensation Act 2004, which include provisions for penalties and enforcement measures. The penalties for non-compliance with these Acts can vary widely but may include fines, imprisonment, or other civil or criminal sanctions depending on the nature and severity of the breach. The precise penalties would be determined based on the specific circumstances of the case and the relevant sections of the overarching Acts.

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