Statement of Principles concerning chronic pancreatitis (Balance of Probabilities) (No. 65 of 2020)
1Statement of Principles concerning chronic pancreatitis (Balance of Probabilities) (No. 65 of 2020)
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Statement of Principles concerning chronic pancreatitis (Balance of Probabilities) (No. 65 of 2020)
made under subsection 196B(3) of the
Veterans' Entitlements Act 1986
Compilation No. 1
Compilation date: 19 September 2022
Includes amendments up to: Veterans' Entitlements (Statements of Principles—definition of "one pack-year") Amendment Determination 2022 (No. 94 of 2022) (F2022L01128)
The day of commencement of this Amendment Determination is 19 September 2022.
About this compilation
This compilation
This is a compilation of the Statement of Principles concerning chronic pancreatitis (Balance of Probabilities) (No. 65 of 2020) that shows the text of the law as amended and in force on 19 September 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
7 Kind of injury, disease or death to which this Statement of Principles relates
8 Basis for determining the factors
Section 1 - Statement of Principles concerning chronic pancreatitis (Balance of Probabilities) (No. 65 of 2020) - Statement of Principles concerning chronic pancreatitis (Balance of Probabilities) (No. 65 of 2020) | Zoe
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
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name
This is the Statement of Principles concerning chronic pancreatitis (Balance of Probabilities) (No. 65 of 2020).
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 chronic pancreatitis and death from chronic pancreatitis.
Meaning of chronic pancreatitis
(2) For the purposes of this Statement of Principles, chronic pancreatitis means a progressive inflammatory disease of the pancreas resulting in irreversible morphological change with parenchymal damage and fibrosis of the organ.
Note: Chronic pancreatitis typically presents with abdominal pain, malnutrition and loss of exocrine and endocrine pancreatic function.
(3) While chronic pancreatitis attracts ICD‑10‑AM code K86.0 or K86.1, in applying this Statement of Principles the meaning of chronic pancreatitis 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 chronic pancreatitis
(5) For the purposes of this Statement of Principles, chronic pancreatitis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's chronic pancreatitis.
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 chronic pancreatitis and death from chronic pancreatitis 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, chronic pancreatitis or death from chronic pancreatitis is connected with the circumstances of a person's relevant service:
(1) having smoked at least 20 pack-years of tobacco products before the clinical onset of chronic pancreatitis, and where smoking has ceased, the clinical onset of chronic pancreatitis has occurred within ten years of cessation;
Note: one pack-year is defined in the Schedule 1 - Dictionary.
(2) having consumed a cumulative total of at least 90 kilograms of alcohol within any five year period before the clinical onset of chronic pancreatitis and where alcohol consumption has ceased, the clinical onset of chronic pancreatitis has occurred within five years of cessation;
Note: Alcohol consumption is calculated utilising the Australian Standard of ten grams of alcohol per standard alcoholic drink.
(3) undergoing a course of therapeutic radiation for cancer, where the pancreas was in the field of radiation, at least two years before the clinical onset of chronic pancreatitis;
(4) having complete or partial obstruction of the ductal system draining the secretions of the exocrine pancreas at the time of the clinical onset of chronic pancreatitis;
(5) having cholelithiasis at the time of the clinical onset of chronic pancreatitis;
(6) having hyperparathyroidism at the time of the clinical onset of chronic pancreatitis;
(7) having hypertriglyceridaemia resulting in triglyceride levels above 11.3 millimoles per litre (or 1,000 milligrams per decilitre) at the time of the clinical onset of chronic pancreatitis;
(8) having an episode of acute pancreatitis before the clinical onset of chronic pancreatitis;
(9) inability to obtain appropriate clinical management for chronic pancreatitis.
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 factor set out in subsection 9(9) applies only to material contribution to, or aggravation of, chronic pancreatitis where the person's chronic pancreatitis 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:
chronic pancreatitis—see subsection 7(2).
MRCA means the Military Rehabilitation and Compensation Act 2004.
one pack-year means the amount of tobacco consumed in smoking 20 cigarettes per day for a period of 1 year, or an equivalent amount of tobacco products.
Note 1: An equivalent amount of tobacco products is 7,300 grams of smoking tobacco by weight, either in cigarettes, pipe tobacco or cigars, or a combination of same. For pipe tobacco, cigars or combinations of multiple tobacco types, 1 gram of tobacco is considered to be equal to one cigarette.
Note 2: Pack-years are calculated by dividing the number of cigarettes smoked per day by 20 and multiplying this number by the number of years the person has smoked. For example, smoking 10 cigarettes per day for 10 years is equal to 5 pack-years, and smoking 40 cigarettes per day for 10 years is equal to 20 pack-years.
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.
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.
Note: Endnotes
Note: 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.
Note: 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
Note: Endnote 3—Legislation history
Name
Registration
Commencement
Application, saving and transitional provisions
Statement of Principles concerning chronic pancreatitis (Balance of Probabilities) (No. 65 of 2020)
31 August 2020F2020L01105
28 September 2020
Veterans' Entitlements (Statements of Principles—definition of "one pack-year") Amendment Determination 2022 (No. 94 of 2022)