Federal Register of Legislation
Statement of Principles concerning RAPIDLY PROGRESSIVE CRESCENTIC GLOMERULONEPHRITIS (Balance of Probabilities) (No. 46 of 2019) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.
Dated 26 April 2019
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 Repeal 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 rapidly progressive crescentic glomerulonephritis (Balance of Probabilities) (No. 46 of 2019). 2 Commencement This instrument commences on 27 May 2019. 3 Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 4 Repeal The Statement of Principles concerning rapidly progressive crescentic glomerulonephritis No. 82 of 2010 (Federal Register of Legislation No. F2010L02338) made under subsection 196B(3) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004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. 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 rapidly progressive crescentic glomerulonephritis and death from rapidly progressive crescentic glomerulonephritis. Meaning of rapidly progressive crescentic glomerulonephritis (2) For the purposes of this Statement of Principles, rapidly progressive crescentic glomerulonephritis means a form of glomerulonephritis where there are extensive cellular crescents on histopathology and a rapid decline in renal function over a period of weeks to months. Death from rapidly progressive crescentic glomerulonephritis (3) For the purposes of this Statement of Principles, rapidly progressive crescentic glomerulonephritis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's rapidly progressive crescentic glomerulonephritis. 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 rapidly progressive crescentic glomerulonephritis and death from rapidly progressive crescentic glomerulonephritis 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, rapidly progressive crescentic glomerulonephritis or death from rapidly progressive crescentic glomerulonephritis is connected with the circumstances of a person's relevant service: (1) having an infection from the specified list of infections within the two months before the clinical onset of rapidly progressive crescentic glomerulonephritis; Note: specified list of infections is defined in the Schedule 1 - Dictionary. (2) having an autoimmune disorder from the specified list of autoimmune disorders at the time of the clinical onset of rapidly progressive crescentic glomerulonephritis; Note: specified list of autoimmune disorders is defined in the Schedule 1 - Dictionary. (3) having infiltration of the kidneys due to a disorder from the specified list of infiltrative disorders at the time of the clinical onset of rapidly progressive crescentic glomerulonephritis; Note: specified list of infiltrative disorders is defined in the Schedule 1 - Dictionary. (4) having a renal disorder from the specified list of renal disorders at the time of the clinical onset of rapidly progressive crescentic glomerulonephritis; Note: specified list of renal disorders is defined in the Schedule 1 - Dictionary. (5) having a malignant neoplasm at the time of the clinical onset of rapidly progressive crescentic glomerulonephritis; (6) taking a drug from the specified list of drugs within the seven days before the clinical onset of rapidly progressive crescentic glomerulonephritis; Note: specified list of drugs is defined in the Schedule 1 - Dictionary. (7) inability to obtain appropriate clinical management for rapidly progressive crescentic glomerulonephritis. 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(7) applies only to material contribution to, or aggravation of, rapidly progressive crescentic glomerulonephritis where the person's rapidly progressive crescentic glomerulonephritis 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.
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