Statement of Principles concerning neoplasm of the pituitary gland No. 43 of 2004

Administered by Department of Veterans' Affairs

Legislation au F2005B02531 Not in force Legislative Instrument

Legislation content

 

 

Statement of Principles

concerning

 

NEOPLASM OF THE PITUITARY GLAND

Instrument No. 43 of 2004 as amended

made under section 196B(3) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 14 November 2011 taking into account Amendment of Statement of Principles concerning NEOPLASM OF THE PITUITARY GLAND  (Instrument No. 122 of 2011)

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(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):

 

(a) revokes Instrument No. 38 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. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that neoplasm of the pituitary gland and death from neoplasm of the pituitary gland can be related to relevant service rendered by veterans 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 exist before it can be said that, on the balance of probabilities, neoplasm of the pituitary gland or death from neoplasm of the pituitary gland is connected 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 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) eligible war service (other than operational service) under the VEA; or

(b)              defence service (other than hazardous service) under the VEA; or

(c)               peacetime 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

9. This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.


Notes to Statement of Principles concerning neoplasm of the pituitary gland (Instrument No. 43 of 2004)

 

The Statement of Principles concerning neoplasm of the pituitary gland  (Instrument No. 43 of 2004) in force under section 196B(3) 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

Or

Date of notification in Gazette

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning neoplasm of the pituitary gland (Instrument No. 43 of 2004)

17 November 2004

 

17 November 2004

 

 

Amendment of Statement of Principles concerning neoplasm of the pituitary gland (Instrument No. 122 of 2011)

27 October 2011

 

F2011L02139

 

2 November 2011

 

 

 

 

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. 122 of 2011

Clause 5(b)

rs. Instrument No. 122 of 2011

 

 

 

Overview

The Statement of Principles concerning Neoplasm of the Pituitary Gland (Instrument No. 43 of 2004) was enacted under section 196B(3) of the Veterans’ Entitlements Act 1986 (VEA) to address the problem of establishing a connection between neoplasm of the pituitary gland and the service rendered by veterans or members of the Australian Defence Force. The instrument was made by the Repatriation Medical Authority and aims to provide a framework for determining when such neoplasms or related deaths can be considered related to the service. This legislative instrument revokes the previous Instrument No. 38 of 1997 and introduces updated criteria to assess the likelihood of a service connection, taking into account the sound medical-scientific evidence available. The policy objective is to ensure that veterans or members of the Defence Force receive appropriate recognition and compensation for service-related neoplasms of the pituitary gland.

Scope and Application

The Statement of Principles concerning NEOPLASM OF THE PITUITARY GLAND, established under section 196B(3) of the Veterans’ Entitlements Act 1986, pertains to the identification, causation, and recognition of neoplasms of the pituitary gland, including death resulting from such conditions, among veterans and members of the Australian Defence Force. This Statement of Principles applies to individuals who have served in eligible war service (other than operational service), defence service (other than hazardous service), or peacetime service, as defined within the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It specifically addresses the relationship between these neoplasms and the service rendered, requiring at least one of the stipulated factors to be connected to the service to establish a link between the neoplasm and the service circumstances. This legislation excludes certain types of neoplasms such as soft tissue sarcoma, carcinoid tumour, non-Hodgkin’s lymphoma, and Hodgkin’s lymphoma. The Statement of Principles may be subject to amendments through subordinate instruments, with the most recent amendment being Instrument No. 122 of 2011, which came into effect on 2 November 2011.

Key Provisions

The Statement of Principles concerning Neoplasm of the Pituitary Gland (Instrument No. 43 of 2004) outlines the key provisions and requirements for the assessment of neoplasm of the pituitary gland and related deaths in veterans and members of the Australian Defence Force. Clause 2(b) specifies that the term "neoplasm of the pituitary gland" refers to any benign or malignant growth originating from the pituitary gland cells, excluding certain other types of cancers such as soft tissue sarcoma, carcinoid tumour, non-Hodgkin's lymphoma, and Hodgkin's lymphoma. Clause 5 identifies the factors that must be present for a neoplasm of the pituitary gland or related death to be connected to the person's relevant service: either undergoing bilateral adrenalectomy before the clinical worsening of the neoplasm, or an inability to obtain appropriate clinical management for the neoplasm. Clause 6 further specifies that these factors apply only to cases where the neoplasm was suffered or contracted before or during (but not arising out of) the person's relevant service. Under the Statement of Principles, the Repatriation Medical Authority is required to consider the sound medical-scientific evidence available to determine if neoplasm of the pituitary gland and death from such a neoplasm can be related to relevant service rendered by veterans or members of the Forces. Relevant service includes eligible war service, defence service, or peacetime service, as defined in Clause 8. The Statement of Principles applies to all matters covered by section 120B of the Veterans’ Entitlements Act 1986 or section 339 of the Military Rehabilitation and Compensation Act 2004. In terms of obligations, the Repatriation Medical Authority must ensure that the evidence presented by the veteran or member demonstrates that at least one of the specified factors is related to the relevant service. This requires a detailed examination of the service history and medical records of the individual, and the application of the relevant criteria set out in the Statement of Principles. If the required factors are established, the Authority is then required to determine whether the neoplasm or related death is connected to the service. The Statement of Principles does not explicitly outline specific offences, penalties, or consequences for breach. However, the determination of the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004 will have significant implications for the veteran or member in terms of eligibility for compensation or rehabilitation benefits. If the connection to service is not established, the veteran or member may not be eligible for the benefits they are seeking, which could have serious financial and personal consequences. Additionally, any misrepresentation or falsification of evidence could lead to criminal charges under the relevant Acts, with potential penalties including fines and imprisonment.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.