Statement of Principles concerning neoplasm of the pituitary gland No. 42 of 2004

Administered by Department of Veterans' Affairs

Legislation au F2005B02530 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

NEOPLASM OF THE PITUITARY GLAND

Instrument No. 42 of 2004 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 1 July 2010 taking into account Amendment of Statement of Principles concerning NEOPLASM OF THE PITUITARY GLAND  (Instrument No. 46 of 2010)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane.

 

Statement of Principles

concerning

 

NEOPLASM OF THE PITUITARY GLAND

 

 

for the purposes of the

 

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

 

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

 

(a) revokes Instrument No. 37 of 1997; and

 

(b) determines in its place the following Statement of Principles.

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about neoplasm of the pituitary gland and death from neoplasm of the pituitary gland.

(b)          For the purposes of this Statement of Principles, “neoplasm of the pituitary gland” means a neoplasm, either benign or malignant, arising from the cells of the pituitary gland.  This definition excludes soft tissue sarcoma, carcinoid tumour, non-Hodgkin’s lymphoma and Hodgkin’s lymphoma.

(c)          Neoplasm of the pituitary gland attracts ICD-10-AM code C75.1, D35.2 or D44.3.

(d)          In the application of this Statement of Principles, the definition of “neoplasm of the pituitary gland ” is that given at paragraph 2(b) above.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that neoplasm of the pituitary gland and death from neoplasm of the pituitary gland 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).

 

Factors that must be related to service

4. Subject to clause 6, at least one of the factors set out in clause 5 must be related to the relevant service rendered by the person.

 

Factors

5. The factor that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting neoplasm of the pituitary gland or death from neoplasm of the pituitary gland with the circumstances of a person’s relevant service is:

 

(a)          for ACTH secreting pituitary adenomas only, undergoing bilateral adrenalectomy before the clinical worsening of neoplasm of neoplasm of the pituitary gland; or

 

(b)          inability to obtain appropriate clinical management for neoplasm of the pituitary gland.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(a) and 5(b) apply only to material contribution to, or aggravation of,  neoplasm of the pituitary gland where the person’s neoplasm of the pituitary gland was suffered or contracted before or during (but not arising out of) the person’s relevant service.

 

Inclusion of Statements of Principles

7. In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles.

 

Other definitions

8. For the purposes of this Statement of Principles:

 

“ACTH” means adrenocorticotrophic hormone (or corticotropin), a hormone secreted by the anterior pituitary gland that stimulates the secretion of corticosteroids from the adrenal cortex;

 

“bilateral adrenalectomy” means excision of both adrenal glands;

 

“death from neoplasm of the pituitary gland ” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s neoplasm of the pituitary gland;

 

“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), Fourth Edition, effective date of 1 July 2004, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 594 1;

 

“relevant service” means:

(a) operational service under the VEA; or

(b) peacekeeping service under the VEA; or

(c)          hazardous service under the VEA; or

(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

(f)           cessation of brain function;

 

 

Application

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


Notes to Statement of Principles concerning neoplasm of the pituitary gland (Instrument No. 42 of 2004)

The Statement of Principles concerning neoplasm of the pituitary gland (Instrument No. 42 of 2004) 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 notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning neoplasm of the pituitary gland (Instrument No. 42 of 2004)

17 November 2004

(see Gazette 2004, No. GN46)

17 November 2004

 

Amendment of Statement of Principles concerning neoplasm of the pituitary gland (Instrument No. 46 of 2010)

3 May 2010

10 March 2010

 

 

 

 

 

Table of Amendments

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

Provision affected

How affected

Clause 5(a) – ..........

rs. Instrument  No.46 of 2010

Clause 5(b) – ..........

rs. Instrument  No.46 of 2010

Clause 5(c) – ..........

rep. Instrument  No.46 of 2010

Clause 6 – ............

am. Instrument  No.46 of 2010

 

Overview

The Statement of Principles concerning Neoplasm of the Pituitary Gland (Instrument No. 42 of 2004) was enacted under section 196B(2) of the Veterans’ Entitlements Act 1986, aiming to address the medical-scientific evidence that indicates a relationship between neoplasm of the pituitary gland and relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces. This legislative instrument was prepared by the Repatriation Medical Authority Secretariat in Brisbane and came into effect on 17 November 2004. The policy objective is to provide a clear framework for determining the factors that must be related to service, ensuring that veterans and their families receive appropriate compensation and support for conditions related to their service. The Statement of Principles was later amended by Instrument No. 46 of 2010, which came into effect on 10 March 2010. This amendment updated the factors that must be related to service, reflecting the latest medical-scientific evidence and ensuring that the provisions remain relevant and effective in addressing the needs of affected individuals.

Scope and Application

The Statement of Principles concerning NEOPLASM OF THE PITUITARY GLAND, as amended and issued under section 196B(2) of the Veterans’ Entitlements Act 1986, applies to matters concerning veterans, members of Peacekeeping Forces, and members of the Australian Defence Force, specifically those who have served in operational, peacekeeping, hazardous, warlike, or non-warlike service, as defined within the Act. This Statement of Principles specifically addresses neoplasms of the pituitary gland, both benign and malignant, excluding certain types such as soft tissue sarcoma, carcinoid tumour, non-Hodgkin’s lymphoma, and Hodgkin’s lymphoma. It is designed to assist in determining whether there is a reasonable hypothesis that a veteran’s service contributed to the development or aggravation of a pituitary gland neoplasm or related death. The Statement outlines the factors that must be related to the person’s relevant service, such as undergoing bilateral adrenalectomy before clinical worsening for ACTH secreting pituitary adenomas, or an inability to obtain appropriate clinical management. The application of this Statement of Principles is extended to matters governed by section 120A of the Veterans’ Entitlements Act 1986 and section 338 of the Military Rehabilitation and Compensation Act 2004.

Key Provisions

This legislative instrument (F2005B02530), made under section 196B(2) of the Veterans’ Entitlements Act 1986, outlines the Statement of Principles concerning neoplasm of the pituitary gland for 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. The document, in its current form, revokes the previous Instrument No. 37 of 1997 and sets out new principles that must be applied in determining claims related to pituitary gland neoplasms. The Statement of Principles (paragraph 2) specifies that it concerns neoplasms of the pituitary gland and death from such neoplasms, providing a definition that excludes certain types of cancers like soft tissue sarcoma and lymphomas. It also correlates these conditions with specific ICD-10-AM codes and stipulates the coding for these conditions (paragraph 2). The Repatriation Medical Authority has determined that there is sufficient medical-scientific evidence to establish a connection between neoplasm of the pituitary gland, death from such neoplasms, and relevant service in the armed forces or peacekeeping operations. To substantiate a claim, it is necessary that at least one of the factors stipulated in clause 5 be related to the individual’s service (clause 4). These factors include undergoing bilateral adrenalectomy before the clinical worsening of the neoplasm for ACTH secreting pituitary adenomas or being unable to obtain appropriate clinical management for the neoplasm (clause 5). Furthermore, these factors apply to cases where the neoplasm was contracted before or during service, but not arising out of the service (clause 6). If a relevant factor includes an injury or disease with an existing Statement of Principles, those principles apply as well (clause 7). The document imposes specific obligations on claimants, requiring them to demonstrate a connection between their service and the neoplasm or death from the neoplasm by meeting the criteria outlined in clause 5. This involves proving that at least one of the specified factors was related to their service. The obligations extend to providing medical evidence and documentation to substantiate the claim. The Act does not explicitly detail the penalties for non-compliance or misrepresentation, but breaches of statutory provisions can lead to legal consequences under the Acts concerned. The maximum penalties, if applicable, would be determined by the specific provisions of the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004.

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