
Statement of
Principles
concerning
NEOPLASM OF THE PITUITARY GLAND
Instrument No. 43
of 2004 as amended
made under section 196B(3) of the
This compilation was prepared on 14 November 2011 taking into account Amendment of Statement of
Principles concerning NEOPLASM OF THE PITUITARY GLAND (Instrument No. 122 of 2011)
Prepared by the Repatriation Medical Authority
Secretariat, Brisbane
Statement of
Principles
concerning
NEOPLASM OF THE
PITUITARY GLAND
for the purposes of
the
Veterans’
Entitlements Act 1986
and
Military
Rehabilitation and Compensation Act 2004
1. The Repatriation Medical
Authority under subsection 196B(3) and (8) of the Veterans’
Entitlements Act 1986 (the VEA):
(a) revokes Instrument No. 38 of 1997; and
(b) determines in its place the following Statement of
Principles.
Kind of injury, disease
or death
2. (a) This Statement of Principles is about neoplasm
of the pituitary gland and death from neoplasm of the pituitary gland.
(b)
For the purposes of this Statement of
Principles, “neoplasm of the pituitary gland” means a neoplasm, either
benign or malignant, arising from the cells of the pituitary gland. This
definition excludes soft tissue sarcoma, carcinoid tumour, non-Hodgkin’s
lymphoma and Hodgkin’s lymphoma.
(c)
Neoplasm of the pituitary gland attracts
ICD-10-AM code C75.1, D35.2 or D44.3.
(d)
In the application of this Statement of
Principles, the definition of “neoplasm of the pituitary gland ” is that
given at paragraph 2(b) above.
Basis for determining the
factors
3. On the sound
medical-scientific evidence available, the Repatriation Medical Authority is of
the view that it is more probable than not that neoplasm of the pituitary
gland and death from neoplasm of the pituitary gland can be related
to relevant service rendered by veterans or members of the Forces under the
VEA, or members under the Military Rehabilitation and Compensation Act 2004
(the MRCA).
Factors that must be
related to service
4. Subject to clause 6, at least
one of the factors set out in clause 5 must be related to the relevant service
rendered by the person.
Factors
5. The factor that must exist
before it can be said that, on the balance of probabilities, neoplasm of the
pituitary gland or death from neoplasm of the pituitary gland is
connected with the circumstances of a person’s relevant service is:
(a)
for ACTH secreting pituitary adenomas only,
undergoing bilateral adrenalectomy before the clinical worsening of neoplasm of
the pituitary gland; or
(b)
inability to obtain appropriate clinical
management for neoplasm of the pituitary gland.
Factors that apply only
to material contribution or aggravation
6. Paragraphs 5(a) and 5(b)
apply only to material contribution to, or aggravation of, neoplasm of the
pituitary gland where the person’s neoplasm of the pituitary gland was suffered
or contracted before or during (but not arising out of) the person’s relevant
service.
Inclusion of
Statements of Principles
7. In this Statement of
Principles if a relevant factor applies and that factor includes an injury or
disease in respect of which there is a Statement of Principles then the factors
in that last mentioned Statement of Principles apply in accordance with the
terms of that Statement of Principles.
Other definitions
8. For
the purposes of this Statement of Principles:
“ACTH”
means adrenocorticotrophic hormone (or corticotropin), a hormone secreted by
the anterior pituitary gland that stimulates the secretion of corticosteroids
from the adrenal cortex;
“bilateral adrenalectomy” means excision of both adrenal glands;
“death from
neoplasm of the pituitary gland ” in relation to a
person includes death from a terminal event or condition that was contributed
to by the person’s neoplasm of the pituitary gland;
“ICD-10-AM
code” means a number assigned to a particular kind
of injury or disease in The International Statistical Classification of
Diseases and Related Health Problems, 10th revision, Australian Modification
(ICD-10-AM), Fourth Edition, effective date of 1 July 2004, copyrighted
by the National Centre for Classification in Health, Sydney, NSW, and having
ISBN 1 86487 594 1;
“relevant service”
means:
(a) eligible war service (other than operational
service) under the VEA; or
(b)
defence service (other than hazardous service)
under the VEA; or
(c)
peacetime service under the MRCA;
“terminal
event” means the proximate or ultimate cause of
death and includes:
(a) pneumonia;
(b) respiratory failure;
(c) cardiac
arrest;
(d) circulatory
failure; or
(e) cessation
of brain function.
Application
9. This Instrument applies to
all matters to which section 120B of the VEA or section 339 of the MRCA
applies.
Notes to Statement of Principles concerning neoplasm of
the pituitary gland (Instrument No. 43 of 2004)
The Statement of Principles concerning neoplasm
of the pituitary gland (Instrument No. 43 of 2004) in force under section
196B(3) of the Veterans’ Entitlements Act 1986, as shown in this
compilation is amended as indicated in the Tables below.
Table of Instruments
|
Title
|
Date of FRLI registration
Or
Date of notification in Gazette
|
Date of
commencement
|
Application, saving or
transitional provisions
|
|
Statement
of Principles concerning neoplasm of the pituitary gland (Instrument No. 43
of 2004)
|
17 November 2004
|
17 November 2004
|
|
|
Amendment
of Statement of Principles concerning neoplasm of the pituitary gland
(Instrument No. 122 of 2011)
|
27 October 2011
F2011L02139
|
2 November 2011
|
|
Table of Amendments
|
ad. = added or inserted am. = amended
rep. = repealed rs. = repealed and substituted
|
|
Provision affected
|
How affected
|
|
Clause 5(a)
|
rs. Instrument No. 122 of 2011
|
|
Clause 5(b)
|
rs. Instrument No. 122 of 2011
|