Federal Register of Legislation
Statement of Principles concerning BRONCHIECTASIS (Balance of Probabilities) (No. 31 of 2017) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.
Dated 21 April 2017
The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:
Professor Nicholas Saunders AO Chairperson
Contents 1 Name 2 Commencement 3 Authority 4 Revocation 5 Application 6 Definitions 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 bronchiectasis (Balance of Probabilities) (No. 31 of 2017). 2 Commencement This instrument commences on 22 May 2017. 3 Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 4 Revocation The Statement of Principles concerning bronchiectasis No. 18 of 2009 made under subsection 196B(3) of the VEA is revoked. 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 bronchiectasis and death from bronchiectasis. Meaning of bronchiectasis (2) For the purposes of this Statement of Principles, bronchiectasis means: (a) an acquired lung disease with permanent and irreversible, abnormal dilatation of bronchi and bronchioles; and (b) excludes congenital bronchiectasis, and bronchiectasis associated with cystic fibrosis, alpha-1-antitrypsin deficiency, common variable immune deficiency and other genetic disorders. Death from bronchiectasis (3) For the purposes of this Statement of Principles, bronchiectasis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's bronchiectasis. 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 bronchiectasis and death from bronchiectasis can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA. Note: relevant service is 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, bronchiectasis or death from bronchiectasis is connected with the circumstances of a person's relevant service: (1) having viral or bacterial pneumonia within the five years before the clinical onset of bronchiectasis; (2) having pertussis of sufficient severity to require hospitalisation, within the five years before the clinical onset of bronchiectasis; (3) having pulmonary tuberculosis before the clinical onset of bronchiectasis; (4) having sarcoidosis of the lung before the clinical onset of bronchiectasis; (5) having bronchial obstruction before the clinical onset of bronchiectasis, where the bronchiectasis is distal to that obstruction; Note: bronchial obstruction is defined in the Schedule 1 - Dictionary. (6) inhaling vapours, gases or fumes of a chemical agent from the specified list of chemical agents: (a) resulting in signs and symptoms of severe acute lower respiratory damage requiring medical attention within 48 hours after exposure; and (b) the persistence of respiratory symptoms and signs for at least one week after exposure,
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