Statement of Principles concerning myeloma No. 70 of 2012

Overview

The Statement of Principles concerning myeloma No. 70 of 2012, made under section 196B(3) of the Veterans’ Entitlements Act 1986, was introduced to address the relationship between myeloma, a malignant disease of plasma cells, and relevant service rendered by veterans or members of the Australian Defence Force. This legislative instrument, enacted by the Repatriation Medical Authority, aims to establish the medical and scientific basis for linking myeloma to service, thereby facilitating the assessment of veterans' entitlements and compensation claims. The policy objective is to provide clarity and ensure that veterans who have developed myeloma or died from the disease as a result of their service are appropriately recognised and supported. The instrument revokes the previous Statement of Principles concerning myeloma (Instrument No. 56 of 2003) and sets out specific factors that must be related to the relevant service to establish a connection between myeloma and service. These factors include infection with human immunodeficiency virus at the time of clinical onset of myeloma, receipt of a solid organ transplant before the onset, obesity for at least five years within the ten years before onset, exposure to 2,3,7,8 tetrachlorodibenzo-para-dioxin (TCDD), and inability to obtain appropriate clinical management for myeloma. This legislative instrument applies to all matters governed by section 120B of the Veterans’ Entitlements Act 1986 or section 339 of the Military Rehabilitation and Compensation Act 2004 and took effect from 31 October 2012.

Scope and Application

The Statement of Principles concerning myeloma No. 70 of 2012, made under section 196B(3) of the Veterans’ Entitlements Act 1986, addresses myeloma and death from myeloma for veterans or members of the Australian Defence Force, as well as members under the Military Rehabilitation and Compensation Act 2004. This legislative instrument establishes that it is more probable than not that myeloma and death from myeloma can be related to relevant service rendered by veterans or members of the forces. This determination applies to all matters governed by section 120B of the Veterans’ Entitlements Act 1986 or section 339 of the Military Rehabilitation and Compensation Act 2004. The Statement of Principles outlines specific factors that must be related to the service, such as infection with human immunodeficiency virus at the time of the clinical onset of myeloma, having received a solid organ transplant before the onset of myeloma, being obese for a continuous period of at least five years within the ten years before the onset, exposure to 2,3,7,8 tetrachlorodibenzo-para-dioxin sufficient to produce an expected initial serum TCDD level of at least 1500 parts per trillion before the onset, or inability to obtain appropriate clinical management for myeloma. Notably, the inability to obtain appropriate clinical management applies only to material contribution to, or aggravation of, myeloma where the condition was suffered or contracted before or during (but not arising out of) the person’s relevant service. The Statement of Principles came into effect on 31 October 2012, and was later amended by Instrument No. 73 of 2014, which took effect on 13 May 2014.

Key Provisions

The Statement of Principles concerning myeloma No. 70 of 2012, made under section 196B(3) of the Veterans’ Entitlements Act 1986, provides a framework for assessing claims related to myeloma in veterans and members of the Defence Force. The primary sections (clauses 3 to 11) define the scope of the legislation, clarify the medical conditions it covers, and establish the conditions under which myeloma can be considered related to service. Specifically, clause 3(b) defines "myeloma" as a malignant disease of plasma cells, including plasma cell leukaemia, multiple myeloma, and solitary plasmacytoma of bone or extramedullary plasmacytoma, excluding monoclonal gammopathy of undetermined significance. Clause 4 asserts that myeloma and death from myeloma are more likely than not related to relevant service under the Act, while clause 6 lists factors that must be related to service for a claim to be valid. The Act imposes several obligations on the parties involved. Claimants must demonstrate that at least one of the factors listed in clause 6 is related to their service, such as being infected with human immunodeficiency virus at the time of clinical onset of myeloma or being obese for at least five years within the ten years before the clinical onset of myeloma. Clause 7 specifies that inability to obtain appropriate clinical management for myeloma applies only to material contribution to or aggravation of the condition where the myeloma was suffered or contracted before or during service but not arising out of service. Clause 8 ensures that if a relevant factor includes an injury or disease with an existing Statement of Principles, the factors in that Statement apply. Failure to comply with the provisions of this Statement of Principles can lead to civil or criminal consequences. While the legislation does not explicitly detail penalties for breaches, it is important to note that the Repatriation Medical Authority, which administers the Veterans’ Entitlements Act 1986, has the power to investigate claims and take appropriate action against fraudulent claims. Penalties for such actions could include fines or other legal repercussions, depending on the severity of the breach and applicable laws. The seriousness of the consequences underscores the importance of adhering to the stipulated requirements when making claims under this legislation.