Federal Register of Legislation - Australian Government

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No. 41 of 2011 Determinations/Veterans' Entitlements as made
Amendment of Statement of Principles concerning malignant neoplasm of the lung.
Administered by: Veterans' Affairs
Registered 16 May 2011
Tabling HistoryDate
Tabled HR23-May-2011
Tabled Senate15-Jun-2011
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

 

Amendment Statement of Principles

concerning

 

MALIGNANT NEOPLASM OF the LUNG

No. 41 of 2011

 

for the purposes of the

 

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

 

1.                     This Instrument may be cited as Statement of Principles concerning malignant neoplasm of the lung No. 41 of 2011.

 

2.                     The Repatriation Medical Authority amends, under subsection 196B(8) of the Veterans’ Entitlements Act 1986, Statement of Principles concerning malignant neoplasm of the lung Instrument No. 17 of 2006, as amended by Instrument No. 87 of 2007, by:

 

(A)        Replacing existing factors "(m)", "(n)" and "(p)" in clause 6 with the following:

"(m)       having received a cumulative equivalent dose of at least 0.1 sievert of ionising radiation to the lung at least five years before the clinical onset of malignant neoplasm of the lung; or";

 

"(n)        being exposed to at least 20 Working Level Months (WLM) of radon in an enclosed space, before the clinical onset of malignant neoplasm of the lung, where the first exposure to radon occurred at least five years before the clinical onset of malignant neoplasm of the lung; or"; and

 

"(p)        working as a painter for a cumulative period of at least 10 000 hours before the clinical onset of malignant neoplasm of the lung and where exposure has ceased, the clinical onset of malignant neoplasm of the lung has occurred within 30 years of cessation; or";

 

(B)         Replacing the existing definition of "cumulative equivalent dose" in clause 9 with the following:

'"cumulative equivalent dose" means the total dose of ionising radiation received by the particular organ or tissue. The formula used to calculate the cumulative equivalent dose allows doses from multiple types of ionising radiation to be combined, by accounting for their differing biological effect. The unit of equivalent dose is the sievert. For the purposes of this Statement of Principles, the calculation of cumulative equivalent dose excludes doses received from normal background radiation, but includes therapeutic radiation, diagnostic radiation, cosmic radiation at high altitude, radiation from occupation-related sources and radiation from nuclear explosions or accidents;'; and

 

(C)         Inserting a new definition for "working as a painter" in clause 9 as follows:

'"working as a painter" means applying paint, including solvent- or water-based conventional paint, spray paint, varnish, enamel, lacquer, water-emulsion and solution finish, nonaqueous dispersion or organosol, plastisol, and powder coating, during the course of activities such as building, maintenance and construction, interior and exterior decoration, artistic painting, and wood and metal painting.  This definition includes mixed activities in which application of paint occurs with other tasks such as wallpapering and plastering.  This definition includes activities that are preparatory to painting, such as mixing paints, maintaining painting equipment, and background preparation of surfaces for application of paint;'; and

 

(D)        Deleting the definitions of "a course of therapeutic radiation" and "atomic radiation" from clause 9.

 

3.                     The amendment made by this instrument applies to all matters to which Instrument No. 17 of 2006, as amended by Instrument No. 87 of 2007, section 120A of the Veterans’ Entitlements Act 1986 and section 338 of the Military Rehabilitation and Compensation Act 2004 apply.

 

4.                     The amendment made by this instrument takes effect from 25 May 2011.

 

Dated this   ninth   day of   May   2011

 

The Common Seal of the                    )

Repatriation Medical Authority          )

was affixed to this instrument                        )

in the presence of:                               )

KEN DONALD

CHAIRPERSON