{"id":"F2018L00196","name":"Statement of Principles concerning malignant neoplasm of the eye (Reasonable Hypothesis) (No. 27 of 2018)","slug":"statement-of-principles-concerning-malignant-neoplasm-of-the-eye-reasonable-hypothesis-no-27-of-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96818,"registerId":"commonwealth-F2018L00196-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning malignant neoplasm of the eye (Reasonable Hypothesis) (No. 27 of 2018)","content":"![Commonwealth Coat of Arms](image.001.png)\n\nStatement of Principles concerning malignant neoplasm of the eye (Reasonable Hypothesis) (No. 27 of 2018)\n\nmade under subsection 196B(2) of the\n\nVeterans' Entitlements Act 1986\n\nCompilation No. 1\n\nCompilation date: 23 March 2020\n\nIncludes amendments up to: Amendment Statement of Principles concerning malignant neoplasm of the eye (Reasonable Hypothesis) (No. 19 of 2020) (F2020L00198)\n\nThe day of commencement of this Amendment Statement of Principles concerning malignant neoplasm of the eye is 23 March 2020.\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Statement of Principles concerning malignant neoplasm of the eye (Reasonable Hypothesis) (No. 27 of 2018) that shows the text of the law as amended and in force on 23 March 2020.\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe 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.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf 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.\n\nModifications\n\nIf 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.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n\\[![RMA-Red](image.002.jpeg)\n\nStatement of Principles\n\nconcerning\n\nMALIGNANT NEOPLASM OF THE EYE  \n(Reasonable Hypothesis)\n\n(No. 27 of 2018)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986.\n\nDated 2 March 2018\n\n  \n\nContents\n\n1 Name....................................................3\n\n2 Commencement.............................................3\n\n3 Authority..................................................3\n\n4 Revocation................................................3\n\n5 Application................................................3\n\n6 Definitions................................................3\n\n7 Kind of injury, disease or death to which this Statement of Principles relates.....3\n\n8 Basis for determining the factors..................................4\n\n9 Factors that must exist.........................................4\n\n10 Relationship to service.........................................6\n\n11 Factors referring to an injury or disease covered by another Statement of Principles.6\n\nSchedule 1 - Dictionary...............................................7\n\n1 Definitions................................................7\n\n  \n\n1 Name\n\nThis is the Statement of Principles concerning malignant neoplasm of the eye (Reasonable Hypothesis) (No. 27 of 2018).\n\n2 Commencement\n\nThis instrument commences on 2 April 2018.\n\n3 Authority\n\nThis instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.\n\n4 Revocation\n\nThe Statement of Principles concerning malignant neoplasm of the eye No. 15 of 2010 made under subsection 196B(2) of the VEA is revoked.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act 2004 applies.\n\n6 Definitions\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n(1) This Statement of Principles is about malignant neoplasm of the eye and death from malignant neoplasm of the eye.\n\nMeaning of malignant neoplasm of the eye\n\n(2) For the purposes of this Statement of Principles, malignant neoplasm of the eye:\n\n(a) means a primary malignant neoplasm arising from the tissue of the eyeball and conjunctiva; and\n\n(b) includes:\n\n(i) malignant melanoma of the uveal tract (iris, ciliary body and choroid); and\n\n(ii) malignant melanoma of the conjunctiva, including melanoma in situ; and\n\n(iii) squamous cell carcinoma of the cornea or the conjunctiva, including carcinoma in situ; and\n\n(c) excludes eye retinoblastoma, connective tissue and bone tumours (sarcomas), vascular tumours (sarcoma), non-Hodgkin's lymphoma, Hodgkin's lymphoma and carcinoid tumour.\n\n> Note: The eye means the eyeball with conjunctival covering but excluding extraocular muscles, connecting nerves (optic nerve, autonomic sympathetic and parasympathetic nerves), arteries, veins and lymphatics, other orbital contents such as orbital fat and orbital bone, eyelid skin, Meibomian glands, the caruncle and the lacrimal apparatus.\n\n(3) While malignant neoplasm of the eye attracts ICD‑10‑AM code C69.0, C69.1, C69.2, C69.3, C69.4, C69.8, C69.9 or D09.2, in applying this Statement of Principles the meaning of malignant neoplasm of the eye is that given in subsection (2).\n\n(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.\n\nDeath from malignant neoplasm of the eye\n\n(5) For the purposes of this Statement of Principles, malignant neoplasm of the eye, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's malignant neoplasm of the eye.\n\n> Note: terminal event is defined in the Schedule 1 – Dictionary.\n\n8 Basis for determining the factors\n\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that malignant neoplasm of the eye and death from malignant neoplasm of the eye can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the MRCA.\n\n> Note: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.\n\n9 Factors that must exist\n\nAt least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting malignant neoplasm of the eye or death from malignant neoplasm of the eye with the circumstances of a person's relevant service:\n\n(1) having sunlight or ultraviolet light exposure to the eye for a cumulative period of at least 2 250 hours while in a tropical area, or having equivalent sunlight exposure in other latitude zones, before the clinical onset of malignant neoplasm of the eye;\n\n> Note: equivalent sunlight exposure in other latitude zones and tropical area are defined in the Schedule 1 - Dictionary.\n\n(2) having ultraviolet radiation exposure from an ultraviolet-emitting tanning device to the unprotected eye on at least ten occasions, at least five years before the clinical onset of malignant neoplasm of the eye;\n\n> Note: unprotected eye is defined in the Schedule 1 - Dictionary.\n\n(3) being infected with human immunodeficiency virus before the clinical onset of malignant neoplasm of the eye;\n\n(4) being treated with an immunosuppressive drug:\n\n(a) for a cumulative period of at least three months before the clinical onset of malignant neoplasm of the eye; and\n\n(b) where the first treatment occurred at least five years before the clinical onset of malignant neoplasm of the eye; and\n\n(c) where that exposure has ceased, the clinical onset of malignant neoplasm of the eye has occurred within ten years of cessation;\n\n> Note: immunosuppressive drug is defined in the Schedule 1 - Dictionary.\n\n(5) having a solid organ or stem cell transplantation before the clinical onset of malignant neoplasm of the eye;\n\n(6) for uveal melanoma of the eye only:\n\n(a) using manual welding equipment for welding metal, for a cumulative period of at least ten years before the clinical onset of malignant neoplasm of the eye; or\n\n(b) having exposure to transformer or capacitor oils containing polychlorinated biphenyls, on an average of at least two times per month, for a cumulative period of at least ten years before the clinical onset of malignant neoplasm of the eye;\n\n(7) for melanoma of the eye only:\n\n(a) having ultraviolet radiation exposure from whole body PUVA therapy to the unprotected eye, where:\n\n(i) the first PUVA treatment commenced at least ten years before the clinical onset of malignant neoplasm of the eye; and\n\n(ii) at least 200 PUVA treatments were administered before the clinical onset of malignant neoplasm of the eye; or\n\n> Note: unprotected eye and whole body PUVA are defined in the Schedule 1 - Dictionary.\n\n(b) having at least two episodes of photokeratitis of the affected eye, where the first exposure occurred at least five years before the clinical onset of malignant neoplasm of the eye;\n\n> Note: photokeratitis is defined in the Schedule 1 - Dictionary.\n\n(8) for conjunctival melanoma of the eye only, receiving a conjunctival transplant to the affected eye before the clinical onset of malignant neoplasm of the eye;\n\n(9) for squamous cell carcinoma of the cornea or the conjunctiva only:\n\n(a) acquiring persistent infection of the epithelium of the conjunctiva of the affected eye with a specified human papilloma virus (HPV) before the clinical onset of malignant neoplasm of the eye;\n\n> Note: specified human papilloma virus (HPV) is defined in the Schedule 1 - Dictionary.\n\n(b) having ultraviolet radiation exposure from whole body PUVA therapy to the unprotected eye, where:\n\n(i) the first PUVA treatment commenced at least five years before the clinical onset of malignant neoplasm of the eye; and\n\n(ii) at least 25 PUVA treatments were administered before the clinical onset of malignant neoplasm of the eye; or\n\n> Note: unprotected eye and whole body PUVA are defined in the Schedule 1 \\- Dictionary.\n\n(c) being treated with voriconazole for a continuous period of at least the four weeks before the clinical onset of malignant neoplasm of the eye;\n\n(10) for squamous cell carcinoma of the conjunctiva only, having an ocular prosthesis in an anophthalmic socket of the affected eye for more than ten years before the clinical onset of malignant neoplasm of the eye;\n\n(11) inability to obtain appropriate clinical management for malignant neoplasm of the eye.\n\n10 Relationship to service\n\n(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.\n\n(2) The factor set out in subsection 9(11) applies only to material contribution to, or aggravation of, malignant neoplasm of the eye where the person's malignant neoplasm of the eye was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nIn this Statement of Principles:\n\n(1) if a factor referred to in section 9 applies in relation to a person; and\n\n(2) that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(2) of the VEA;\n\nthen 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.\n\nSchedule 1 \\- Dictionary\n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\nequivalent sunlight exposure in other latitude zones means the cumulative hours of sunlight exposure equivalent to that specified for a tropical area, calculated by multiplying the hours of exposure in each latitude zone by the latitude weighting factor for the zone as per the latitude weighting factor schedule and adding together the result for each zone:\n\nLatitude weighting factor schedule\n\nLatitude zone Latitude weighting factor\n\na latitude between 23° 27' South and 23° 27' North 1.0\n\na latitude from > 23° 27' to 35° 0.75\n\na latitude from > 35° to 45° 0.5\n\na latitude from > 45° to 65° 0.25.\n\n> Note: tropical area is also defined in the Schedule 1 - Dictionary.\n\nimmunosuppressive drug means a drug or an agent which results in substantial suppression of immune responses.\n\n> Note: Examples of an immunosuppressive drug include, but are not limited to:\n\n(a) chemotherapeutic agents used for the treatment of cancer;\n\n(b) corticosteroids, other than inhaled or topical corticosteroids;\n\n(c) drugs used to prevent transplant rejection; and\n\n(d) tumour necrosis factor-α inhibitors.\n\nmalignant neoplasm of the eye—see subsection 7(2).\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nphotokeratitis means a clinical illness manifesting from radiation damage to the cornea and conjunctiva by exposure of the eye to ultraviolet light rays from natural sources including snowblindness or artificial sources including electrical arc welding.\n\nrelevant service means:\n\n(a) operational service under the VEA;\n\n(b) peacekeeping service under the VEA;\n\n(c) hazardous service under the VEA;\n\n(d) British nuclear test defence service under the VEA;\n\n(e) warlike service under the MRCA; or\n\n(f) non-warlike service under the MRCA.\n\n> Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.\n\nspecified human papilloma virus (HPV) means HPV type 5, 8, 14, 16 or 18.\n\nterminal event means the proximate or ultimate cause of death and includes the following:\n\n(a) pneumonia;\n\n(b) respiratory failure;\n\n(c) cardiac arrest;\n\n(d) circulatory failure; or\n\n(e) cessation of brain function.\n\ntropical area means any area between the Tropic of Capricorn (23º 27' South) and the Tropic of Cancer (23º 27' North).\n\nunprotected eye means an eye not protected by ultraviolet radiation screening devices such as goggles.\n\nVEA means the Veterans' Entitlements Act 1986.\n\nwhole body PUVA means photochemotherapy with oral methoxsalen (psoralen) and ultraviolet A radiation. It does not include localised PUVA therapy.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe 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.\n\nThe 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.\n\nMisdescribed amendments\n\nA 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.\n\nIf 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.\n\n> Note: Endnote 2—Abbreviation key\n\n|                                                | o = order(s)                        |\n| ---------------------------------------------- | ----------------------------------- |\n| ad = added or inserted                         | Ord = Ordinance                     |\n| am = amended                                   | orig = original                     |\n| amdt = amendment                               | par = paragraph(s)/subparagraph(s)  |\n| c = clause(s)                                  | /sub‑subparagraph(s)                |\n| C[x] = Compilation No. x                       | pres = present                      |\n| Ch = Chapter(s)                                | prev = previous                     |\n| def = definition(s)                            | (prev…) = previously                |\n| Dict = Dictionary                              | Pt = Part(s)                        |\n| disallowed = disallowed by Parliament          | r = regulation(s)/rule(s)           |\n| Div = Division(s)                              |                                     |\n| exp = expires/expired or ceases/ceased to have | reloc = relocated                   |\n| effect                                         | renum = renumbered                  |\n| F = Federal Register of Legislation            | rep = repealed                      |\n| gaz = gazette                                  | rs = repealed and substituted       |\n| LA = Legislation Act 2003                      | s = section(s)/subsection(s)        |\n| LIA = Legislative Instruments Act 2003         | Sch = Schedule(s)                   |\n| (md) = misdescribed amendment can be given     | Sdiv = Subdivision(s)               |\n| effect                                         | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment       | SR = Statutory Rules                |\n| cannot be given effect                         | Sub‑Ch = Sub‑Chapter(s)             |\n| mod = modified/modification                    | SubPt = Subpart(s)                  |\n| No. = Number(s)                                | underlining = whole or part not     |\n|                                                | commenced or to be commenced        |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                                                | Registration            | Commencement  | Application, saving and transitional provisions |\n| ------------------------------------------------------------------------------------------------------------------- | ----------------------- | ------------- | ----------------------------------------------- |\n| Statement of Principles concerning malignant neoplasm of the eye (Reasonable Hypothesis) (No. 27 of 2018)           | 5 March 2018F2018L00196 | 2 April 2018  |                                                 |\n| Amendment Statement of Principles concerning malignant neoplasm of the eye (Reasonable Hypothesis) (No. 19 of 2020) | 2 March 2020F2020L00198 | 23 March 2020 |                                                 |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected                                        | How affected       |\n| --------------------------------------------------------- | ------------------ |\n| Clause 9(4)…………….                                         | rs. No. 19 of 2020 |\n| Schedule 1 – Dictionary – immunosuppressive drug……………..…… | rs. No. 19 of 2020 |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument revokes and replaces the earlier 2010 Statement of Principles (clause 4) and was later amended (noted in the endnotes) — specifically clause 9(4) and the Schedule definition of 'immunosuppressive drug' were revised (Endnote 4). Those changes adjusted the criteria and definitions used to link malignant neoplasm of the eye to relevant service, so the scope and thresholds for raising a reasonable hypothesis have been modified from the earlier instrument."},"complexity_factors":["Detailed quantitative exposure thresholds (e.g. 2,250 cumulative sunlight hours in tropical areas; ten UV tanning-device exposures; 200 PUVA treatments) — clause 9(1), 9(2), 9(7)(a)(ii).","Disease‑subtype specific criteria (uveal melanoma, conjunctival melanoma, squamous cell carcinoma) with different tests and exposures — clause 9(6)–9(10).","Temporal and latency requirements (first exposure at least 5 or 10 years before clinical onset; cessation windows) that affect evidentiary timing — clause 9(2), 9(4), 9(7).","Technical definitions and calculation rules (equivalent sunlight exposure, latitude weighting factors, unprotected eye, whole body PUVA) requiring specialist evidence — Schedule 1 (definitions and latitude weighting factor schedule).","Cross‑references to diagnostic codes (ICD‑10‑AM) and to other Statements of Principles for overlapping injuries/diseases — clause 7(3)–(4); clause 11.","Legal standard applied is 'reasonable hypothesis' linking a listed factor to 'relevant service', which requires administrative fact‑finding and medical interpretation — sections 8–10.","Amendment and revocation history (revokes 2010 Statement; later amendments to clause 9(4) and the immunosuppressive drug definition) that alter scope and evidentiary requirements — clause 4; Endnote 3–4."],"plain_english_summary":"This instrument sets the medical criteria the Repatriation Medical Authority uses to decide whether malignant neoplasm of the eye (and death from it) can be reasonably connected to a person’s military or peacekeeping service. It affects veterans and current or former members claiming entitlements under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004, by specifying precise exposure thresholds, disease‑specific rules and timing requirements claimants must meet to raise a “reasonable hypothesis.”"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This is a standard replacement Statement of Principles under the Veterans' Entitlements Act framework. It updates the 2010 version with current medical evidence but maintains the same fundamental scope: establishing medical factors for linking specific eye cancers to military service. The 2020 amendment appears to be a minor technical update (clause 9(4) and immunosuppressive drug definition) rather than a scope expansion."},"complexity_factors":["Multiple cancer subtypes with distinct factor requirements (uveal melanoma, conjunctival melanoma, squamous cell carcinoma) creating conditional logic branches","Precise quantitative thresholds throughout (2,250 hours, 10 occasions, 3 months, 5 years, 10 years, 200 treatments, etc.)","Latitude-based calculation system with weighting factors (0.25 to 1.0) for determining equivalent sun exposure across different geographic zones","Cross-references to other Statements of Principles for related conditions (section 11)","12 defined terms in Schedule 1 Dictionary, several with nested definitions and examples","Temporal relationship requirements (time between exposure and clinical onset) vary by factor and cancer type","Specific exclusions in the definition (retinoblastoma, sarcomas, lymphomas) that require medical knowledge to interpret","Dual statutory framework application (VEA and MRCA) with different service categories"],"plain_english_summary":"This instrument updates the medical rules used to decide whether veterans and current/former defence members can get compensation for eye cancers, replacing the 2010 version. It tells the Repatriation Medical Authority which exposures and clinical factors (heavy UV/sun exposure, frequent tanning-bed use, immunosuppression or HIV, transplants, certain occupational or chemical exposures such as welding/PCB oils, HPV, and poor medical management) can create a reasonable hypothesis that a claimant’s eye cancer is linked to service."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-eye-reasonable-hypothesis-no-27-of-2018","history":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-eye-reasonable-hypothesis-no-27-of-2018/history","analysis":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-eye-reasonable-hypothesis-no-27-of-2018/analysis","conflicts":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-eye-reasonable-hypothesis-no-27-of-2018/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-eye-reasonable-hypothesis-no-27-of-2018/important-cases","documents":"/api/acts/statement-of-principles-concerning-malignant-neoplasm-of-the-eye-reasonable-hypothesis-no-27-of-2018/documents"}}