Statement of Principles concerning polycythaemia vera No. 78 of 1999

Overview

The Statement of Principles concerning Polycythaemia Vera (Instrument No. 78 of 1999), made under section 196B(2) of the Veterans’ Entitlements Act 1986, addresses the issue of polycythaemia vera, a chronic myeloproliferative disorder that leads to an abnormal increase in red cell mass, platelets, and white blood cells, and splenomegaly, and its relation to service in the Australian Defence Force. This legislative instrument was developed by the Repatriation Medical Authority and was enacted to provide clarity on the circumstances under which veterans may be eligible for benefits related to polycythaemia vera. The policy objective is to ensure that veterans who were unable to obtain appropriate clinical management for polycythaemia vera during their service are recognised and provided with the necessary support. The instrument has been amended over time to refine the criteria and definitions to better align with current medical understanding and the needs of affected veterans.

Scope and Application

This legislative instrument, the Statement of Principles concerning Polycythaemia Vera, made under section 196B(2) of the Veterans’ Entitlements Act 1986, outlines the criteria for determining the service-related causation of polycythaemia vera and death from polycythaemia vera among veterans. It applies to all matters to which section 120A of the Veterans’ Entitlements Act 1986 applies, effectively encompassing veterans who seek to establish a connection between their military service and the development or aggravation of polycythaemia vera. The instrument specifically addresses polycythaemia vera, a chronic myeloproliferative disorder characterised by abnormal proliferation of haematopoietic bone marrow elements, and excludes other forms of polycythaemia such as relative polycythaemia and that resulting from hypoxaemia. The key factor stipulated in the instrument is the inability to obtain appropriate clinical management for polycythaemia vera during relevant service, which must be related to the cause or aggravation of the condition. This Statement of Principles has been subject to amendments, with the latest version effective from 28 September 2005, updating the criteria and definitions to reflect the most current medical-scientific evidence.

Key Provisions

The Statement of Principles concerning Polycythaemia Vera, made under section 196B(2) of the Veterans’ Entitlements Act 1986, outlines the specific conditions under which polycythaemia vera and death from polycythaemia vera can be considered related to a veteran's service (Section 1). It defines polycythaemia vera as a chronic myeloproliferative disorder, excluding relative polycythaemia and polycythaemia resulting from hypoxaemia (Section 2). The primary factor that may relate to the cause or aggravation of polycythaemia vera in a veteran is the inability to obtain appropriate clinical management for the condition during their service (Section 4). This statement also incorporates any relevant factors from other statements of principles if they apply to the veteran's condition (Section 5). Definitions for terms such as "death from polycythaemia vera," "relevant service," and "terminal event" are provided to clarify the scope and application of the principles (Section 6). The obligations under this legislation primarily involve the Repatriation Medical Authority, which is tasked with determining whether a veteran's polycythaemia vera or death from polycythaemia vera is related to their service. This determination is based on the factors outlined in the Statement of Principles, specifically focusing on the veteran's access to appropriate clinical management during their service (Section 4). If a veteran's condition is found to be related to their service, they may be entitled to certain veterans' entitlements under the Act (Section 120A). There are no specific offences, penalties, or consequences outlined in the Statement of Principles concerning Polycythaemia Vera itself. However, any breaches of the Veterans’ Entitlements Act 1986, under which this Statement of Principles is made, may result in civil or criminal penalties as provided for in the Act. The consequences for such breaches can include fines, imprisonment, or other penalties as determined by the relevant courts. The Statement of Principles serves as a guideline for determining eligibility for veterans' entitlements based on the conditions outlined, rather than imposing penalties for non-compliance with the principles.