Statement of Principles concerning myelodysplastic disorder No. 15 of 2000

Overview

The Determination of Statement of Principles concerning Myelodysplastic Disorder was enacted in 2000 under the Veterans’ Entitlements Act 1986. This legislative instrument addresses the problem of linking myelodysplastic disorders, a group of acquired blood disorders, with service rendered by veterans, members of Peacekeeping Forces, or members of the Defence Force. The determination was made by the Repatriation Medical Authority, which identified sound medical-scientific evidence that suggests these disorders can be related to the relevant service of these individuals. The policy objective is to establish a clear connection between certain medical conditions and the service circumstances, facilitating appropriate entitlements and support for affected persons. This legislative instrument provides a framework for recognising myelodysplastic disorders as service-related conditions, thus enabling affected veterans and members of the Defence Force to access relevant benefits and services. It defines key terms such as "chemotherapeutic agent from the specified list," "being exposed to benzene," "death from myelodysplastic disorder," and "relevant service," ensuring clarity and consistency in the application of the principles. By establishing these connections, the Act aims to provide necessary support and recognition to those who have suffered from these disorders as a result of their service.

Scope and Application

This Statement of Principles, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, pertains to myelodysplastic disorders and deaths resulting from such disorders, specifically defining the disorder as a group of acquired haematopoietic disorders with distinct characteristics. The scope of this legislation is directed towards veterans, members of Peacekeeping Forces, and members of the Armed Forces who may have contracted these disorders due to their service. The jurisdiction of this Act is national, applying across Australia, and it includes a comprehensive definition of relevant service, which encompasses operational, peacekeeping, and hazardous service. The Act stipulates that for a connection between the disorder and service to be recognised, at least one factor must be related to the service, such as systemic administration of specified chemotherapeutic agents or exposure to benzene, among others. This Statement of Principles also clarifies that if a relevant factor includes an injury or disease covered by another Statement of Principles, the latter's factors apply as well. This determination serves to ensure that eligible veterans and their families can access the appropriate benefits and support available under the Act.

Key Provisions

This Statement of Principles, determined under section 196B(2) of the Veterans’ Entitlements Act 1986, pertains specifically to myelodysplastic disorder and death from this disorder (s. 1). Myelodysplastic disorder, as defined for the purposes of this Statement, refers to a group of acquired disorders of haematopoiesis with certain characteristics and ICD-10-AM code D46 (s. 2). The Repatriation Medical Authority has found that there is sufficient medical-scientific evidence to link myelodysplastic disorder and death from this disorder to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces (s. 3). To establish a connection between myelodysplastic disorder or death from this disorder and relevant service, at least one of the specified factors must be related to that service (s. 4). The factors that must exist to raise a reasonable hypothesis of a connection include systemic administration of a chemotherapeutic agent from a specified list at least one year before the clinical onset of a myelodysplastic disorder, exposure to benzene on more days than not over a period or periods totalling two years before the clinical onset of the disorder, or an inability to obtain appropriate clinical management for the disorder (s. 5). It is important to note that factor 5(c) applies only to material contribution to, or aggravation of, a myelodysplastic disorder where the disorder was suffered or contracted before or during (but not arising out of) the person’s relevant service (s. 6). The obligations imposed by this Statement of Principles primarily revolve around the establishment of a causal link between myelodysplastic disorder or death from this disorder and relevant service. The specified factors must be related to the service to support the hypothesis of a connection (s. 4). If any relevant factor includes an injury or disease for which there is a Statement of Principles, the factors in that Statement apply according to its terms (s. 7). Furthermore, the definitions provided within the Statement, such as those for chemotherapeutic agents, exposure to benzene, death from myelodysplastic disorder, and relevant service, are integral to understanding and applying the provisions (s. 8). The determination of this Statement of Principles does not specify any offences, penalties, or civil or criminal consequences for breach. However, under the broader Veterans’ Entitlements Act 1986, breaches of the Act may result in penalties as prescribed by law. The specific penalties for breaches are not detailed within this Statement of Principles but can be found within the overarching legislative framework of the Act. The focus of this Statement is to clarify the medical-scientific basis and the conditions under which myelodysplastic disorder and death from this disorder can be related to relevant service for the purposes of entitlement and compensation.