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No. 70 of 2012 Determinations/Veterans' Entitlements as amended, taking into account amendments up to Amendment Statement of Principles concerning myeloma No. 73 of 2014
Administered by: Veterans' Affairs
Registered 04 Jul 2014
Start Date 13 May 2014

 

 

Statement of Principles

 

concerning

 

MYELOMA

Instrument No. 70 of 2012 as amended

made under section 196B(3) of the

This compilation was prepared on 4 July 2014 taking into account Amendment Statement of Principles concerning MYELOMA (Instrument No. 73 of 2014)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

 


 

Statement of Principles

 

concerning

 

MYELOMA

No. 70 of 2012

 

for the purposes of the

 

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

Title

1.         This Instrument may be cited as Statement of Principles concerning myeloma No. 70 of 2012.

Determination

2.         The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):

(a)        revokes Instrument No. 56 of 2003 concerning myeloma; and

(b)        determines in its place this Statement of Principles.

Kind of injury, disease or death

3.         (a)        This Statement of Principles is about myeloma and death from myeloma.

(b)        For the purposes of this Statement of Principles, "myeloma" means a malignant disease of plasma cells, in which a single line of plasma cells accumulates and produces a monoclonal immunoglobulin. This definition includes plasma cell leukaemia, multiple myeloma and solitary plasmacytoma of bone or extramedullary plasmacytoma, but excludes monoclonal gammopathy of undetermined significance.

(c)        Myeloma attracts ICD-10-AM code C90.

(d)       In the application of this Statement of Principles, the definition of "myeloma" is that given at paragraph 3(b) above.

Basis for determining the factors

4.         On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that myeloma and death from myeloma 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

5.         Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.

Factors

6.         The factor that must exist before it can be said that, on the balance of probabilities, myeloma or death from myeloma is connected with the circumstances of a person’s relevant service is:

(a)                being infected with human immunodeficiency virus at the time of the clinical onset of myeloma; or

(b)               having received a solid organ transplant before the clinical onset of myeloma; or

(c)                being obese for a continuous period of at least five years within the ten years before the clinical onset of myeloma; or

(ca)      having exposure to 2,3,7,8 tetrachlorodibenzo-para-dioxin (TCDD) sufficient to produce an expected initial serum TCDD level of at least 1 500 parts per trillion before the clinical onset of myeloma; or

(d)               inability to obtain appropriate clinical management for myeloma.

Factors that apply only to material contribution or aggravation

7.         Paragraph 6(d) applies only to material contribution to, or aggravation of, myeloma where the person’s myeloma was suffered or contracted before or during (but not arising out of) the person’s relevant service.

Inclusion of Statements of Principles

8.                  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 as in force from time to time.

Other definitions

9.                  For the purposes of this Statement of Principles:

"being obese" means an increase in body weight by way of fat accumulation which results in a Body Mass Index (BMI) of 30 or greater.

The BMI = W/H2 and where:

W is the person’s weight in kilograms; and

H is the person’s height in metres;

"death from myeloma" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s myeloma;

"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), Seventh Edition, effective date of 1 July 2010, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 978 1 74210 154 5;

"relevant service" means:

(a)        eligible war service (other than operational service) under the VEA;

(b)        defence service (other than hazardous service and British nuclear test defence 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

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

Date of effect

11.       This Instrument takes effect from 31 October 2012.


 

Notes to Statement of Principles concerning myeloma (Instrument No. 70 of 2012)

 

The Statement of Principles concerning myeloma (Instrument No. 70 of 2012) 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

 

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning myeloma (Instrument No. 70 of 2012)

25 October 2012

 

F2012L02080

 

31 October 2012

 

 

Amendment Statement of Principles concerning myeloma (Instrument No. 73 of 2014)

2 July 2014

 

F2014L00935

 

13 May 2014

 

 

 

Table of Amendments

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

 

Provision affected

How affected

Clause 6 (ca)

ad. Instrument No. 73 of 2014