Statement of Principles concerning porphyria cutanea tarda No. 20 of 2001

Administered by Department of Veterans' Affairs

Legislation au F2005B01701 Not in force Legislative Instrument

Legislation content

Instrument No.20 of 2001

 

Revocation and Determination

of

Statement of Principles

concerning

 

PORPHYRIA CUTANEA TARDA

 

ICD-10-AM CODE: E80.1

 

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.72 of 1994; 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 porphyria cutanea tarda and death from porphyria cutanea tarda.

 

(b)               For the purposes of this Statement of Principles, “porphyria cutanea tarda” means a disorder of porphyrin metabolism characterised by cutaneous photosensitivity, hyperpigmentation, hypertrichosis, deficiency of uroporphyrinogen decarboxylase and uroporphyria, attracting ICD-10-AM code E80.1.

 

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 porphyria cutanea tarda and death from porphyria cutanea tarda can be related to relevant service rendered by veterans or members of the Forces.

 

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 any relevant service rendered by the person.

 

Factors

5.                  The factors that must exist before it can be said that, on the balance of probabilities, porphyria cutanea tarda or death from porphyria cutanea tarda is connected with the circumstances of a person’s relevant service are:

 

(a)             inhaling, ingesting or cutaneously absorbing a halogenated aromatic hydrocarbon within the one year immediately before the clinical onset of porphyria cutanea tarda; or

 

(b)             suffering from alcoholic liver disease at the time of the clinical onset of porphyria cutanea tarda; or

 

(c)             suffering from hepatitis at the time of the clinical onset of porphyria cutanea tarda; or

 

(d)             suffering from cirrhosis of the liver before the clinical onset of porphyria cutanea tarda; or

 

(e)             being infected with Human Immunodeficiency Virus (HIV) at the time of the clinical onset of porphyria cutanea tarda; or

 

(f)              undergoing a course of oral oestrogen therapy for the 30 days immediately before the clinical onset of porphyria cutanea tarda; or

 

(g)             suffering from hepatic haemosiderosis at the time of the clinical onset of porphyria cutanea tarda; or

 

(h) suffering from haemochromatosis at the time of the clinical onset of porphyria cutanea tarda; or

 

(j)               undergoing haemodialysis for the one year immediately before the clinical onset of porphyria cutanea tarda; or

 

(k)             suffering from a porphyrin-generating hepatocellular tumour at the time of the clinical onset of porphyria cutanea tarda; or

 

(m)          inhaling, ingesting or cutaneously absorbing a halogenated aromatic hydrocarbon within the one year immediately before the clinical worsening of porphyria cutanea tarda; or

 

(n)             suffering from alcoholic liver disease at the time of the clinical worsening of porphyria cutanea tarda; or

 

(o)             suffering from hepatitis at the time of the clinical worsening of porphyria cutanea tarda; or

 

(p)             suffering from cirrhosis of the liver before the clinical worsening of porphyria cutanea tarda; or

 

(q)             being infected with Human Immunodeficiency Virus (HIV) at the time of the clinical worsening of porphyria cutanea tarda; or

 

(r)              undergoing a course of oral oestrogen therapy for the 30 days immediately before the clinical worsening of porphyria cutanea tarda; or

 

(s)              suffering from hepatic haemosiderosis at the time of the clinical worsening of porphyria cutanea tarda; or

 

(t)               suffering from haemochromatosis at the time of the clinical worsening of porphyria cutanea tarda; or

 

(u)             exposing the affected area of skin to sunlight within the five days immediately before the clinical worsening of porphyria cutanea tarda; or

 

(v)             being treated with a drug or a class of drugs from the specified list, which cannot be ceased or substituted, at the time of the clinical worsening of porphyria cutanea tarda; or

 

(w)              inability to obtain appropriate clinical management for porphyria cutanea tarda.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(m) to 5(w) apply only to material contribution to, or aggravation of, porphyria cutanea tarda where the person’s porphyria cutanea tarda was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act refers.

 

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:

 

“being infected with Human Immunodeficiency Virus (HIV)” means serological evidence of infection with Human Immunodeficiency Virus;

 

“being treated with a drug or class of drugs from the specified list” means therapeutic administration of one of the following drugs or class of drugs:

(a)               Barbiturates;

(b)               Busulfan;

(c)               Chloroquine;

(d)               Cyclophosphamide;

(e)               Dapsone;

(f)               Fluconazole;

(g)              Griseofulvin;

(h)              Hydroxychloroquine;

(i)                Iron supplements

(j)                Rifampicin;

(k)              Sulfadoxine-pyrimethamine;

(l)                Sulphonamides;

 

“cirrhosis of the liver” means a pathologically defined entity involving irreversible chronic injury of the hepatic parenchyma and includes extensive fibrosis in association with regenerative nodules;

 

“death from porphyria cutanea tarda” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s porphyria cutanea tarda;

 

“haemochromatosis” means a genetic disorder of iron storage in which an inappropriate increase in intestinal iron absorption results in the deposition of excessive quantities of iron in parenchymal cells, with eventual tissue damage and functional impairment of the organs involved, especially the liver, pancreas, heart and pituitary;

 

“halogenated aromatic hydrocarbon” means a chemical compound containing a benzene ring and multiple chlorine atoms.  Halogenated aromatic hydrocarbon compounds include: dioxins, furans, polychlorinated biphenyls, hexachlorobenzene, DDT, chlordane, mirex, toxaphene or heptachlor;

 

“hepatic haemosiderosis” means the deposit of an abnormal quantity of haemosiderin in the liver, usually in Kupffer cells;

 

“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), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 3;

 

“porphyrin-generating hepatocellular tumour” means a tumour arising within the cells of the liver, with evidence of increased porphyrin production at the tumour site;

 

“relevant service” means:

(a) eligible war service (other than operational service); or
(b) defence service (other than hazardous service);

“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 Act applies.

 

Dated this Nineteenth day of  March  2001

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of:    )

KEN DONALD

CHAIRMAN

Overview

The Repatriation Medical Authority has revoked Instrument No. 72 of 1994 and issued a new Statement of Principles concerning porphyria cutanea tarda under the Veterans’ Entitlements Act 1986. This legislative instrument aims to provide clarity and guidance on the relationship between porphyria cutanea tarda, a disorder of porphyrin metabolism, and the service rendered by veterans or members of the Australian Defence Forces. The Authority has determined that, based on available medical-scientific evidence, it is more probable than not that porphyria cutanea tarda and death from the condition can be related to relevant service. This legislative instrument establishes specific factors that must exist to link porphyria cutanea tarda or death from the condition to a person’s service, ensuring that the necessary criteria are met for the purposes of veterans’ entitlements. The Statement of Principles outlines various factors that must be related to the service, such as exposure to halogenated aromatic hydrocarbons, suffering from specific liver diseases, or undergoing certain medical treatments. These factors must be present for it to be concluded that porphyria cutanea tarda or death from the condition is connected to the service. Additionally, certain factors only apply to the material contribution to or aggravation of the condition when it was suffered or contracted before or during, but not arising out of, the person’s relevant service. This legislative instrument ensures that the necessary criteria are established to address the problem of linking porphyria cutanea tarda to military service for the purposes of veterans’ entitlements.

Scope and Application

This legislative instrument pertains to the Veterans’ Entitlements Act 1986 and specifically addresses porphyria cutanea tarda, a disorder of porphyrin metabolism, and death from this condition in veterans and members of the Australian Defence Force. The Repatriation Medical Authority has revoked a previous statement of principles and established a new one, determining that porphyria cutanea tarda and death from this condition can be related to relevant service with more than a 50% probability. The instrument applies to all matters governed by section 120B of the Act, which includes veterans and Defence Force members who have contracted porphyria cutanea tarda or died from it. The legislation aims to ensure that veterans and members of the Defence Force who have developed porphyria cutanea tarda or died from it receive appropriate recognition and benefits. The instrument sets out various factors that must exist to establish a connection between the condition and relevant service, including exposure to certain substances, medical conditions, and treatments. The instrument also includes specific definitions for terms used within it and provides for the application of other statements of principles where relevant. This instrument is part of the broader framework of the Veterans’ Entitlements Act 1986, which provides for the recognition and compensation of injuries, diseases, and deaths suffered or contracted by veterans and Defence Force members. The instrument does not provide for any exclusions, exemptions, or thresholds. However, it does note that certain factors apply only to the material contribution or aggravation of porphyria cutanea tarda where the condition was suffered or contracted before or during relevant service. The instrument also allows for the inclusion of statements of principles where relevant factors include an injury or disease for which there is already a statement of principles. The instrument is a Commonwealth legislative instrument and applies nationally. It is not subject to any state or territory legislation and does not extend or restrict application through subordinate instruments. The instrument is in force from the date of its registration on the Commonwealth Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislation (referred to as the Instrument) involve the revocation of the previous Instrument No. 72 of 1994, and the establishment of a new Statement of Principles concerning porphyria cutanea tarda (PCT) under section 196B(3) of the Veterans’ Entitlements Act 1986. This new Statement of Principles outlines the medical conditions and circumstances under which PCT or death from PCT can be considered related to a veteran's service (section 2). The Instrument specifies the factors that must be related to service for a connection to be made between PCT and the veteran's service, and these factors must be present at the time of the clinical onset or worsening of the condition (sections 4 and 5). The Instrument also includes definitions for terms such as 'relevant service', 'halogenated aromatic hydrocarbon', and 'ICD-10-AM code', which are integral to understanding the scope and application of the Statement of Principles (section 8). The obligations imposed by the Act on the parties it governs include the requirement to provide evidence and documentation that establishes a connection between the veteran's service and the onset or aggravation of PCT. This involves demonstrating that at least one of the specified factors must be related to the veteran's service, as outlined in section 5. The Repatriation Medical Authority must also consider the evidence and determine whether the condition or death from PCT is connected to the circumstances of the veteran's service based on the balance of probabilities. The Authority must base its determination on the sound medical-scientific evidence available, as stated in section 3. In terms of legal consequences, the Instrument does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, the implications of a breach could include the denial of veterans' entitlements related to PCT if the Repatriation Medical Authority determines that the condition or death from PCT is not connected to the veteran's service. Such a determination could result in the refusal of benefits or compensation related to PCT, and could potentially lead to legal disputes or appeals. The maximum penalties or consequences for non-compliance with the provisions of the Instrument are not specified in the text.

Legal classification tags

Area of Law
Veterans’ Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Prohibited Conduct
Compliance Obligations
Rights & Protections

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.