Statement of Principles concerning myeloma No. 56 of 2003

Overview

The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a range of benefits and services to veterans, members of the Australian Defence Force (ADF), and their families. In 2003, the Repatriation Medical Authority issued a legislative instrument to address the specific issue of myeloma and death from myeloma in veterans. This instrument, titled the "Revocation and Determination of Statement of Principles concerning Myeloma Veterans’ Entitlements Act 1986", revokes the previous Statement of Principles (Instrument No.73 of 1999) and determines a new Statement of Principles to more accurately reflect the medical-scientific evidence regarding myeloma and its relation to military service. The policy objective of this instrument is to ensure that veterans who have been diagnosed with myeloma or who have died from the disease can be more easily recognised as having a service-related condition, thereby facilitating their access to appropriate benefits and services. The new Statement of Principles outlines the specific factors that must be considered in determining the service-relatedness of myeloma, including infection with Human Immunodeficiency Virus (HIV) at the time of clinical onset of myeloma or an inability to obtain appropriate clinical management for the disease.

Scope and Application

This legislative instrument, issued under the Veterans' Entitlements Act 1986, pertains to veterans and members of the Australian Defence Forces who have been diagnosed with myeloma or who have died from myeloma. The instrument revokes a previous statement of principles concerning myeloma and replaces it with a new one, specifically addressing the relationship between myeloma and relevant military service. The new statement of principles outlines that myeloma, defined as a malignant disease of plasma cells, is more likely than not related to the service rendered by veterans, provided that at least one of the specified factors is connected to their service. The factors include being infected with Human Immunodeficiency Virus (HIV) at the onset of myeloma or an inability to obtain appropriate clinical management for the disease. This instrument applies to all matters governed by section 120B of the Veterans' Entitlements Act 1986, affecting those who served in eligible war service or defence service. The instrument also clarifies that the definition of "myeloma" excludes monoclonal gammopathy of undetermined significance, and it specifies that the ICD-10-AM code for myeloma is C90. It further stipulates that certain factors apply only in cases of material contribution to or aggravation of myeloma if the condition was suffered or contracted before or during service. Additionally, the instrument incorporates other definitions relevant to the application of the Statement of Principles, such as "being infected with Human Immunodeficiency Virus (HIV)" and "terminal event," ensuring that the terms used are clearly understood within the context of the Act. This legislative instrument thus provides a comprehensive framework for determining the eligibility of veterans for entitlements related to myeloma under the Act.

Key Provisions

The primary operative sections of this legislative instrument are detailed in section 1, which revokes Instrument No.73 of 1999, and section 2, which establishes a new Statement of Principles concerning myeloma and death from myeloma for the purposes of the Veterans’ Entitlements Act 1986. Section 2(a) specifically defines myeloma as a malignant disease of plasma cells, including plasma cell leukaemia, multiple myeloma and solitary plasmacytoma of bone or extramedullary plasmacytoma, but explicitly excludes monoclonal gammopathy of undetermined significance. Section 3 outlines the basis for determining the factors that link myeloma and death from myeloma to relevant service, stating that the Repatriation Medical Authority is of the view that it is more probable than not that these conditions can be related to service rendered by veterans or members of the Forces. Section 5 then specifies the factors that must exist before it can be said that myeloma or death from myeloma is connected with the circumstances of a person’s relevant service, which include being infected with HIV at the time of the clinical onset of myeloma, or the inability to obtain appropriate clinical management for myeloma. The legislative instrument imposes obligations on the Repatriation Medical Authority to determine the Statement of Principles regarding myeloma and death from myeloma, ensuring that these conditions are linked to relevant service as defined in the Act. The instrument also requires that at least one of the specified factors must be related to any relevant service rendered by the person for the myeloma or death from myeloma to be connected with their service. Additionally, it mandates that where a relevant factor includes an injury or disease for which there is an existing Statement of Principles, the factors in that Statement must apply in accordance with its terms. There are no explicit offences, penalties, or civil/criminal consequences detailed within the instrument itself for breaches of the provisions. However, the instrument operates within the broader framework of the Veterans’ Entitlements Act 1986, which would provide the context for any enforcement actions or legal consequences for non-compliance with the determined Statement of Principles. The Act might include provisions for penalties or other legal consequences in cases of non-compliance, but these are not specified within the instrument. The Repatriation Medical Authority is tasked with ensuring that the provisions of the instrument are followed, and any breach of the legislative requirements could potentially lead to legal action under the broader legislative framework.