Statement of Principles concerning Gaucher disease (Balance of Probabilities) (No. 38 of 2023)
1Statement of Principles concerning Gaucher disease (Balance of Probabilities) (No. 38 of 2023)
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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 Gaucher disease (Balance of Probabilities) (No. 38 of 2023).
2 Commencement
This instrument commences on 23 May 2023.
3 Authority
This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.
4 Repeal
The Statement of Principles concerning Gaucher's disease No. 28 of 2015 (Federal Register of Legislation No. F2014L01846) made under subsection 196B(3) of the VEA is repealed.
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.
Section 1 - Statement of Principles concerning Gaucher disease (Balance of Probabilities) (No. 38 of 2023) - Statement of Principles concerning Gaucher disease (Balance of Probabilities) (No. 38 of 2023) | Zoe
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 Gaucher disease and death from Gaucher disease.
Meaning of Gaucher disease
(2) For the purposes of this Statement of Principles, Gaucher disease means a genetic disorder of sphingolipid metabolism which involves a deficiency of the lysosomal enzyme glucocerebrosidase, leading to accumulation of glucocerebroside and other glycolipids in macrophages in various organs of the body.
Note 1: Accumulation of glucocerebroside and glycolipids in macrophages can occur in the spleen, liver, bone marrow and bone.
Note 2: Clinical manifestations include splenomegaly, hepatomegaly, thrombocytopaenia and anaemia.
Death from Gaucher disease
(3) For the purposes of this Statement of Principles, Gaucher disease, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's Gaucher disease.
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 Gaucher disease and death from Gaucher disease 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, Gaucher disease or death from Gaucher disease is connected with the circumstances of a person's relevant service:
(1) inability to obtain appropriate clinical management for Gaucher disease.
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(1) applies only to material contribution to, or aggravation of, Gaucher disease where the person's Gaucher disease 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:
Gaucher disease —see subsection 7(2).
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.
terminal event means the proximate or ultimate cause of death and includes the following: