Section 1 - Statement of Principles concerning malignant neoplasm of the pancreas (Reasonable Hypothesis) (No. 103 of 2021) - Statement of Principles concerning malignant neoplasm of the pancreas (Reasonable Hypothesis) (No. 103 of 2021) | Zoe
Statement of Principles concerning malignant neoplasm of the pancreas (Reasonable Hypothesis) (No. 103 of 2021)
1Statement of Principles concerning malignant neoplasm of the pancreas (Reasonable Hypothesis) (No. 103 of 2021)
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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 malignant neoplasm of the pancreas (Reasonable Hypothesis) (No. 103 of 2021).
2 Commencement
This instrument commences on 1 November 2021.
3 Authority
This instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.
4 Repeal
The Statement of Principles concerning malignant neoplasm of the pancreas No. 73 of 2013 (Federal Register of Legislation No. F2013L01891) made under subsections 196B(2) and (8) of the VEA is repealed.
5 Application
This instrument applies to a claim to which section 120A of the VEA or section 338 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 malignant neoplasm of the pancreas and death from malignant neoplasm of the pancreas.
Meaning of malignant neoplasm of the pancreas
(2) For the purposes of this Statement of Principles, malignant neoplasm of the pancreas:
(a) means a primary malignant neoplasm arising from the cells of the exocrine pancreas; and
(3) While malignant neoplasm of the pancreas attracts ICD‑10‑AM code C25.0, C25.1, C25.2, C25.3, C25.7 or C25.8, in applying this Statement of Principles the meaning of malignant neoplasm of the pancreas 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 malignant neoplasm of the pancreas
(5) For the purposes of this Statement of Principles, malignant neoplasm of the pancreas, 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 pancreas.
Note: terminal event is defined in the Schedule 1 - Dictionary.
8 Basis for determining the factors
The Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that malignant neoplasm of the pancreas and death from malignant neoplasm of the pancreas 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.
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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting malignant neoplasm of the pancreas or death from malignant neoplasm of the pancreas with the circumstances of a person's relevant service:
(1) having smoked tobacco products:
(a) in an amount of at least 10 pack-years before the clinical onset of malignant neoplasm of the pancreas; and
(b) commencing at least 5 years before the clinical onset of malignant neoplasm of the pancreas; and
if smoking has ceased before the clinical onset of malignant neoplasm of the pancreas, then that onset occurred within 20 years of cessation;
Note: one pack-year is defined in the Schedule 1 - Dictionary.
(2) the oral use of smokeless tobacco:
(a) on more days than not; and
(b) for at least 20 years before the clinical onset of malignant neoplasm of the pancreas; and
if the oral use of smokeless tobacco has ceased before the clinical onset of malignant neoplasm of the pancreas, then that onset occurred within 20 years of cessation;
Note: smokeless tobacco is defined in the Schedule 1 - Dictionary.
(3) being overweight or obese for at least 5 years within the 30 years before the clinical onset of malignant neoplasm of the pancreas;
Note: being overweight or obese is defined in the Schedule 1 - Dictionary.
(4) having diabetes mellitus for at least 5 years before the clinical onset of malignant neoplasm of the pancreas;
(5) having chronic pancreatitis for at least 2 years before the clinical onset of malignant neoplasm of the pancreas;
(6) having acute pancreatitis at least 2 years before the clinical onset of malignant neoplasm of the pancreas;
(7) inhaling, ingesting or having cutaneous contact with DDT:
(a) for a cumulative period of at least 1,000 hours before the clinical onset of malignant neoplasm of the pancreas; and
(b) where the first exposure occurred at least 5 years before the clinical onset of malignant neoplasm of the pancreas;
Note: DDT and inhaling, ingesting or having cutaneous contact with DDT are defined in the Schedule 1 - Dictionary.
(8) undergoing a partial gastrectomy at least 20 years before the clinical onset of malignant neoplasm of the pancreas;
(9) having received ionising radiation to the pancreas, from internal deposition of a therapeutic or diagnostic substance which emits alpha particles, at least 5 years before the clinical onset of malignant neoplasm of the pancreas;
Note: An example of a therapeutic or diagnostic substance which emits alpha particles is thorium dioxide which is the main component of the radiocontrast agent Thorotrast, used during the 1930s - 1950s.
(10) having cholelithiasis or having undergone a cholecystectomy at least 2 years before the clinical onset of malignant neoplasm of the pancreas;
(11) having infection with hepatitis B virus before the clinical onset of malignant neoplasm of the pancreas;
(12) having infection with hepatitis C virus before the clinical onset of malignant neoplasm of the pancreas;
(13) inability to obtain appropriate clinical management for malignant neoplasm of the pancreas.
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(13) applies only to material contribution to, or aggravation of, malignant neoplasm of the pancreas where the person's malignant neoplasm of the pancreas 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(2) 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:
being overweight or obese means:
(a) having a Body Mass Index (BMI) of 25 or greater; or
(b) for males, having a waist circumference exceeding 94 centimetres; or
(c) for females, having a waist circumference exceeding 80 centimetres.
Note: BMI is also defined in the Schedule 1 - Dictionary.
BMI means W/H2 where:
(a) W is the person's weight in kilograms; and
(b) H is the person's height in metres.
DDT means a complex synthetic mixture in which para,para'-dichlorodiphenyltrichloroethane predominates.
inhaling, ingesting or having cutaneous contact with DDT means:
(a) being involved in the manufacture of DDT; or
(b) being sprayed with DDT; or
(c) cleaning or maintaining equipment used to apply DDT; or
(d) decanting or spraying DDT; or
(e) wearing or handling clothes treated or contaminated with DDT.
Note: DDT is also defined in the Schedule 1 - Dictionary.
malignant neoplasm of the pancreas—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 one 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) operational service under the VEA;
(b) peacekeeping service under the VEA;
(c) hazardous service under the VEA;
(d) British nuclear test defence service under the VEA;
(e) warlike service under the MRCA; or
(f) non-warlike service under the MRCA.
Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.
smokeless tobacco means tobacco products without combustion or pyrolysis at the time of use, including chewing tobacco and tobacco snuff.
terminal event means the proximate or ultimate cause of death and includes the following: