Federal Register of Legislation - Australian Government

Primary content

No. 12 of 2019 Determinations/Veterans' Entitlements as amended, taking into account amendments up to Amendment Statement of Principles concerning hypopituitarism (Balance of Probabilities) (No. 54 of 2022)
Administered by: Veterans' Affairs
Registered 31 May 2022
Start Date 30 May 2022
Table of contents.

Commonwealth Coat of Arms

Statement of Principles concerning hypopituitarism (Balance of Probabilities) (No. 12 of 2019)

made under subsection 196B(3) of the

Veterans' Entitlements Act 1986

Compilation No. 2               

Compilation date:                              30 May 2022

Includes amendments up to:           Amendment Statement of Principles concerning hypopituitarism (Balance of Probabilities) (No. 54 of 2022) (F2022L00674)

The day of commencement of this Amendment Statement of Principles concerning hypopituitarism is 30 May 2022.

 

About this compilation

 

This compilation

This is a compilation of the Statement of Principles concerning hypopituitarism (Balance of Probabilities) (No. 12 of 2019) that shows the text of the law as amended and in force on 30 May 2022.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

  

  

  


Contents

1......... Name................................................................................................................................................. 2

3......... Authority........................................................................................................................................... 2

5......... Application....................................................................................................................................... 2

6......... Definitions........................................................................................................................................ 2

7......... Kind of injury, disease or death to which this Statement of Principles relates..................... 2

8......... Basis for determining the factors................................................................................................. 3

9......... Factors that must exist................................................................................................................... 3

10....... Relationship to service................................................................................................................... 6

11....... Factors referring to an injury or disease covered by another Statement of Principles....... 6

Schedule 1 - Dictionary.................................................................................................. 7

1......... Definitions........................................................................................................................................ 7

Endnotes.................................................................................................................................... 9

Endnote 1—About the endnotes.............................................................................................................. 9

Endnote 2—Abbreviation key................................................................................................................ 10

Endnote 3—Legislation history.............................................................................................................. 11

Endnote 4—Amendment history........................................................................................................... 12

 


 

1             Name

This is the Statement of Principles concerning hypopituitarism (Balance of Probabilities) (No. 12 of 2019).

3               Authority

This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.

5               Application

This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.

6               Definitions

The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.

7               Kind of injury, disease or death to which this Statement of Principles relates

(1)          This Statement of Principles is about hypopituitarism and death from hypopituitarism.

Meaning of hypopituitarism

(2)          For the purposes of this Statement of Principles, hypopituitarism:

(a)           means an endocrine disease characterised by biochemically-documented deficient production of one or more pituitary hormones, sufficient to produce clinical symptoms and signs, or to necessitate pituitary hormone replacement therapy, as a result of loss or damage to pituitary hormone-secreting cells in the pituitary gland, hypothalamus or pituitary stalk; and

(b)          excludes heritable and congenital forms of hypopituitarism.

Note 1: Pituitary hormones are growth hormone, follicle stimulating hormone (FSH), luteinising hormone, adrenocorticotropic hormone (ACTH), thyroid stimulating hormone (TSH), prolactin, oxytocin and antidiuretic hormone (ADH).

Note 2: The clinical presentation of hypopituitarism can be acute or chronic, and the order and amount of the specific hormone deficiency depends on the nature and speed of damage to the hypothalamic–pituitary region.

(3)          While hypopituitarism attracts ICD‑10‑AM code E23.0, in applying this Statement of Principles the meaning of hypopituitarism is that given in subsection (2).

(4)          For subsection (3), a reference to an ICD-10-AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4.

Death from hypopituitarism

(5)          For the purposes of this Statement of Principles, hypopituitarism, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's hypopituitarism.

Note: terminal event is defined in the Schedule 1 – Dictionary.

8               Basis for determining the factors

On the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that hypopituitarism and death from hypopituitarism can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.

Note: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.

9             Factors that must exist

At least one of the following factors must exist before it can be said that, on the balance of probabilities, hypopituitarism or death from hypopituitarism is connected with the circumstances of a person's relevant service:

(1)          having an autoimmune disorder involving the pituitary gland at the time of the clinical onset of hypopituitarism;

(2)          having a disorder from the specified list of infiltrative, inflammatory or granulomatous disorders, involving the pituitary gland or hypothalamus, at the time of the clinical onset of hypopituitarism;

Note: specified list of infiltrative, inflammatory or granulomatous disorders is defined in the Schedule 1 - Dictionary.   

(3)          having infection with human immunodeficiency virus before the clinical onset of hypopituitarism;

(4)          having a viral, bacterial, fungal or protozoal infection of the pituitary gland, hypothalamus, brain or cerebral meninges, within the five years before the clinical onset of hypopituitarism;

(5)          having Hantavirus haemorrhagic fever with renal syndrome within the five years before the clinical onset of hypopituitarism;

Note: Hantavirus haemorrhagic fever with renal syndrome is defined in the Schedule 1 - Dictionary.

(6)          having moderate to severe traumatic brain injury within the ten years before the clinical onset of hypopituitarism;

(7)          having a subarachnoid haemorrhage within the ten years before the clinical onset of hypopituitarism;

(8)          having haemorrhage or ischaemia involving the pituitary gland or hypothalamus within the ten years before the clinical onset of hypopituitarism;

Note: Haemorrhage or ischaemia of the pituitary gland includes pituitary apoplexy.

(9)          having severe peripartum or postpartum haemorrhage before the clinical onset of hypopituitarism;

(10)      having surgery involving the pituitary gland, or intracranial surgery, within the ten years before the clinical onset of hypopituitarism;

(11)      undergoing a course of therapeutic radiation for cancer, where the pituitary or hypothalamus was in the field of radiation, before the clinical onset of hypopituitarism;

(12)      having a space occupying lesion that involves, or impinges on, the pituitary gland or hypothalamus at the time of the clinical onset of hypopituitarism;

(13)      taking an immune checkpoint inhibitor or an interferon within the one year before the clinical onset of hypopituitarism;

Note: immune checkpoint inhibitor is defined in the Schedule 1 - Dictionary.     

(14)      for lymphocytic hypophysitis only, being pregnant within the six months before the clinical onset of hypopituitarism;

Note: lymphocytic hypophysitis is defined in the Schedule 1 - Dictionary.            

(15)      having an autoimmune disorder involving the pituitary gland at the time of the clinical worsening of hypopituitarism;

(16)      having a disorder from the specified list of infiltrative, inflammatory or granulomatous disorders, involving the pituitary gland or hypothalamus, at the time of the clinical worsening of hypopituitarism;

Note: specified list of infiltrative, inflammatory or granulomatous disorders is defined in the Schedule 1 - Dictionary.   

(17)      having infection with human immunodeficiency virus before the clinical worsening of hypopituitarism;

(18)      having a viral, bacterial, fungal or protozoal infection of the pituitary gland, hypothalamus, brain or cerebral meninges, within the five years before the clinical worsening of hypopituitarism;

(19)      having Hantavirus haemorrhagic fever with renal syndrome within the five years before the clinical worsening of hypopituitarism;

Note: Hantavirus haemorrhagic fever with renal syndrome is defined in the Schedule 1 - Dictionary.

(20)      having moderate to severe traumatic brain injury within the ten years before the clinical worsening of hypopituitarism;

(21)      having a subarachnoid haemorrhage within the ten years before the clinical worsening of hypopituitarism;

(22)      having haemorrhage or ischaemia involving the pituitary gland or hypothalamus within the ten years before the clinical worsening of hypopituitarism;

Note: Haemorrhage or ischaemia of the pituitary gland includes pituitary apoplexy.

(23)      having severe peripartum or postpartum haemorrhage before the clinical worsening of hypopituitarism;

(24)      having surgery involving the pituitary gland, or intracranial surgery, within the ten years before the clinical worsening of hypopituitarism;

(25)      undergoing a course of therapeutic radiation for cancer, where the pituitary or hypothalamus was in the field of radiation, before the clinical  worsening of hypopituitarism;

(26)      having a space occupying lesion that involves, or impinges on, the pituitary gland or hypothalamus at the time of the clinical worsening of hypopituitarism;

(27)      taking an immune checkpoint inhibitor or an interferon within the one year before the clinical worsening of hypopituitarism;

Note: immune checkpoint inhibitor is defined in the Schedule 1 - Dictionary.     

(28)      for lymphocytic hypophysitis only, being pregnant within the six months before the clinical worsening of hypopituitarism;

Note: lymphocytic hypophysitis is defined in the Schedule 1 - Dictionary.            

(29)      inability to obtain appropriate clinical management for hypopituitarism.

10           Relationship to service

(1)          The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.

(2)          The factors set out in subsections 9(15) to (9)(29) apply only to material contribution to, or aggravation of, hypopituitarism where the person's hypopituitarism was suffered or contracted before or during (but did not arise out of) the person's relevant service.

11           Factors referring to an injury or disease covered by another Statement of Principles

In this Statement of Principles:

(1)          if a factor referred to in section 9 applies in relation to a person; and

(2)          that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA;

then the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.

 


Schedule 1 - Dictionary  

Note: See Section 6

1               Definitions

In this instrument:

                               Hantavirus haemorrhagic fever with renal syndrome means a clinical syndrome of acute shock, vascular leakage, thrombocytopaenia, hypotension and acute renal failure caused by hantaviruses from the family Bunyaviridae, which is endemic in parts of Asia and Europe.  This definition includes, but is not limited to, Korean haemorrhagic fever, epidemic haemorrhagic fever and nephropathia epidemica.

                               hypopituitarism—see subsection 7(2).

                               immune checkpoint inhibitor means a form of cancer immunotherapy that uses monoclonal antibodies targeting the immune checkpoint proteins. Examples include ipilimumab, tremelimumab, nivolumab and pembrolizumab.

                             iron overload means an accumulation of excess iron in tissues and organs which has been confirmed by elevated ferritin or transferrin saturation levels. 

Note: Causes include, but are not limited to, haemochromatosis and blood transfusions.

                               lymphocytic hypophysitis means an autoimmune condition in which the pituitary gland becomes infiltrated by lymphocytes, resulting in pituitary enlargement and impaired function.

                             MRCA means the Military Rehabilitation and Compensation Act 2004.

                             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.

Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.

                               specified list of infiltrative, inflammatory or granulomatous disorders means:

(a)           a primary or metastatic neoplasm;

(b)          amyloidosis;

(c)           Castleman disease;

(d)          Crohn's disease;

(e)           eosinophilic granuloma;

(f)           germinoma;

(g)          giant cell granuloma;

(h)          granulomatosis with polyangiitis (Wegener granulomatosis);

(i)            histiocytosis;

(j)            iron overload;

(k)          sarcoidosis; or

(l)            Takayasu arteritis.

Note: iron overload is also defined in the Schedule 1 - Dictionary.

                             terminal event means the proximate or ultimate cause of death and includes the following:

(a)                       pneumonia;

(b)                      respiratory failure;

(c)                       cardiac arrest;

(d)                      circulatory failure; or

(e)                       cessation of brain function.

                             VEA means the Veterans' Entitlements Act 1986.

 

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Statement of Principles concerning hypopituitarism (Balance of Probabilities) (No. 12 of 2019)

 

3 January 2019

 

F2019L00012

28 January 2019

 

 

Amendment Statement of Principles concerning hypopituitarism (Balance of Probabilities) (No. 82 of 2021)

 

29 June 2021

 

F2021L00892

 

26 July 2021

 

 

Amendment Statement of Principles concerning hypopituitarism (Balance of Probabilities) (No. 54 of 2022)

 

3 May 2022

 

F2022L00674

 

30 May 2022

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Section 2……………….

rep LA s 48D

Section 4……………….

rep LA s 48C

Subsection 7(2)(a)…….

am No. 82 of 2021

Subsection 9(13)…..…..

rs No. 54 of 2022

Subsection 9(27)..……..

rs No. 54 of 2022

Schedule 1 – Dictionary – immune checkpoint inhibitor……………...….

rs No. 54 of 2022