Statement of Principles concerning non-Hodgkin lymphoma (Balance of Probabilities) (No. 91 of 2018)
made under subsection 196B(3) of the
Veterans' Entitlements Act 1986
Compilation No. 1
Compilation date: 21 June 2021
Includes amendments up to: Amendment Statement of Principles concerning non-Hodgkin lymphoma (Balance of Probabilities) (No. 76 of 2021) (F2021L00612)
The day of commencement of this Amendment Statement of Principles concerning non-Hodgkin lymphoma is 21 June 2021.
About this compilation
This compilation
This is a compilation of the Statement of Principles concerning non-Hodgkin lymphoma (Balance of Probabilities) (No. 91 of 2018) that shows the text of the law as amended and in force on 21 June 2021.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Statement of Principles
concerning
NON-HODGKIN LYMPHOMA
(Balance of Probabilities)
(No. 91 of 2018)
The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.
Dated 26 October 2018
Contents
3 Authority
5 Application
6 Definitions
7 Kind of injury, disease or death to which this Statement of Principles relates
8 Basis for determining the factors
9 Factors that must exist
10 Relationship to service
11 Factors referring to an injury or disease covered by another Statement of Principles
Schedule 1 - Dictionary
1 Definitions
1 Name
This is the Statement of Principles concerning non-Hodgkin lymphoma (Balance of Probabilities) (No. 91 of 2018).
This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.
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.
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 non-Hodgkin lymphoma and death from non-Hodgkin lymphoma.
Meaning of non-Hodgkin lymphoma
(2) For the purposes of this Statement of Principles, non-Hodgkin lymphoma:
(a) means a heterogeneous group of malignant lymphoproliferative diseases that originate from T and B lymphocytes, and present as solid tumours of the immune system that lack Reed-Sternberg cells; and
(b) includes Burkitt lymphoma, mycosis fungoides, adult T cell lymphoma/leukaemia and non-Hodgkin lymphoma arising within parenchymal organs; and
(c) excludes myeloma, hairy cell leukaemia, Waldenström macroglobulinaemia, acute lymphoblastic leukaemia and chronic lymphocytic leukaemia/small lymphocytic lymphoma.
Death from non-Hodgkin lymphoma
(3) For the purposes of this Statement of Principles, non-Hodgkin lymphoma, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's non-Hodgkin lymphoma.
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 non-Hodgkin lymphoma and death from non-Hodgkin lymphoma 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.
(1) having infection with human immunodeficiency virus at the time of the clinical onset of non-Hodgkin lymphoma;
(2) undergoing solid organ, stem cell or bone marrow transplantation before the clinical onset of non-Hodgkin lymphoma;
(3) having an autoimmune disease from the specified list of autoimmune diseases before the clinical onset of non-Hodgkin lymphoma;
Note: specified list of autoimmune diseases is defined in the Schedule 1 - Dictionary.
(4) for cutaneous T-cell lymphoma only, having psoriasis at the time of the clinical onset of non-Hodgkin lymphoma;
(5) being treated with a drug from the specified list of systemic immunosuppressive drugs for a continuous period of at least three months before the clinical onset of non-Hodgkin lymphoma, and where that exposure has ceased, the clinical onset of non-Hodgkin lymphoma has occurred within ten years of cessation;
Note: specified list of systemic immunosuppressive drugs is defined in the Schedule 1 - Dictionary.
(6) for Richter syndrome only, having chronic lymphoid leukaemia/small lymphocytic lymphoma at the time of the clinical onset of non‑Hodgkin lymphoma;
Note: Richter syndrome is defined in the Schedule 1 - Dictionary.
(7) for adult T-cell leukaemia-lymphoma only, having infection with human T-cell lymphotropic virus type-1 at the time of the clinical onset of non-Hodgkin lymphoma;
(8) for gastric lymphoma only, having infection with Helicobacter pylori at the time of the clinical onset of non-Hodgkin lymphoma;
(9) having infection with Epstein-Barr virus before the clinical onset of non-Hodgkin lymphoma;
(10) for primary effusion lymphoma and Kaposi's sarcoma herpesvirus-positive diffuse large B-cell lymphoma not otherwise specified only, having infection with Kaposi's sarcoma herpesvirus at the time of the clinical onset of non-Hodgkin lymphoma;
(11) for small intestinal mucosa-associated lymphoid tissue lymphoma only, having infection with Campylobacter jejuni at the time of the clinical onset of non-Hodgkin lymphoma;
(12) for ocular adnexal mucosa-associated lymphoid tissue lymphoma only, having infection with Chlamydia psittaci at the time of the clinical onset of non-Hodgkin lymphoma;
(13) for cutaneous mucosa-associated lymphoid tissue lymphoma only, having infection with specified bacteria belonging to the Borrelia burgdorferi sensu lato complex at the time of the clinical onset of non‑Hodgkin lymphoma;
Note: specified bacteria belonging to the Borrelia burgdorferi sensu lato complex is defined in the Schedule 1 - Dictionary.
(14) having infection with hepatitis C virus at the time of the clinical onset of non-Hodgkin lymphoma;
(15) for B-cell lymphoma only, having infection with hepatitis B virus at the time of the clinical onset of non-Hodgkin lymphoma;
(16) for Burkitt lymphoma only, having infection with Plasmodium falciparum at the time of the clinical onset of non-Hodgkin lymphoma;
(17) having Hodgkin's lymphoma before the clinical onset of non-Hodgkin lymphoma;
(18) being obese for at least ten years within the 20 years before the clinical onset of non-Hodgkin lymphoma;
Note: being obese is defined in the Schedule 1 – Dictionary.
(19) for diffuse large B-cell lymphoma only, having chronic inflammation as specified at the affected site for at least ten years before the clinical onset of non-Hodgkin lymphoma;
Note: chronic inflammation as specified is defined in the Schedule 1 – Dictionary.
(20) for anaplastic large cell lymphoma of the breast only, having a breast implant at the time of the clinical onset of non-Hodgkin lymphoma;
(21) inhaling, ingesting or having cutaneous contact with lindane on more days than not for a cumulative period of at least one year, at least five years before the clinical onset of non-Hodgkin lymphoma;
Note: lindane is defined in the Schedule 1 – Dictionary.
(22) inhaling, ingesting or having cutaneous contact with pentachlorophenol:
(a) for a cumulative period of at least 2 000 hours, within a consecutive period of ten years, before the clinical onset of non‑Hodgkin lymphoma; and
(b) where the first exposure occurred at least five years before the clinical onset of non-Hodgkin lymphoma;
(23) inability to obtain appropriate clinical management for non-Hodgkin lymphoma.
(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 factor set out in subsection 9(23) applies only to material contribution to, or aggravation of, non-Hodgkin lymphoma where the person's non-Hodgkin lymphoma 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.
Note: See Section 6
In this instrument:
being obese means having a Body Mass Index (BMI) of 30 or greater.
Note: BMI is also defined in the Schedule 1 - Dictionary.
BMI means W/H2 where:
W is the person's weight in kilograms; and
H is the person's height in metres.
chronic inflammation as specified means chronic suppuration or inflammation arising in settings such as pyothorax resulting from artificial pneumothorax for treatment of pulmonary or pleural tuberculosis, chronic osteomyelitis, metallic implant insertion, surgical mesh implantation and chronic skin venous ulcer.
lindane means a complex synthetic mixture in which the gamma-isomer of hexachlorocyclohexane is present.
MRCA means the Military Rehabilitation and Compensation Act 2004.
non-Hodgkin lymphoma—see subsection 7(2).
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.
Richter syndrome means a form of high-grade large cell lymphoma, characterised by systemic symptoms, rapid tumour growth and extra-nodal involvement, which develops in patients with chronic lymphocytic leukaemia.
specified bacteria belonging to the Borrelia burgdorferi sensu lato complex means Borrelia burgdorferi sensu stricto, Borrelia afzelii, Borrelia garinii, Borrelia spielmanii, Borrelia bavariensis, Borrelia bissettii, Borrelia lusitaniae, Borrelia valaisiana or Borrelia mayonii.
specified list of autoimmune diseases means:
(a) autoimmune haemolytic anaemia;
(b) biliary cirrhosis;
(c) coeliac disease;
(d) dermatitis herpetiformis;
(e) dermatomyositis;
(f) Hashimoto's thyroiditis or chronic lymphocytic thyroiditis;
(g) immune thrombocytopaenia;
(h) inflammatory bowel disease;
(i) myasthenia gravis;
(j) polyarteritis nodosa;
(k) polymyositis;
(l) rheumatoid arthritis;
(m) sarcoidosis;
(n) Sjogren syndrome;
(o) systemic lupus erythematosus; or
(p) systemic sclerosis or localised sclerosis.
specified list of systemic immunosuppressive drugs means:
(a) azathioprine;
(b) methotrexate; or
(c) 6-mercaptopurine.
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 non-Hodgkin lymphoma (Balance of Probabilities) (No. 91 of 2018)
| 29 October 2018
F2018L01490 | 26 November 2018
|
|
Amendment Statement of Principles concerning non-Hodgkin lymphoma (Balance of Probabilities) (No. 76 of 2021)
| 24 May 2021
F2021L00612
| 21 June 2021
|
|
Endnote 4—Amendment history
Provision affected | How affected |
Section 2………………. | rep LA s 48D |
Section 4………………. | rep LA s 48C |
Section 9(9)…………. | am No. 76 of 2021 |