Statement of Principles concerning familial adenomatous polyposis (Balance of Probabilities) (No. 78 of 2021) (Cth)

Statement of Principles concerning FAMILIAL ADENOMATOUS POLYPOSIS (Balance of Probabilities) (No. 78 of 2021) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.

Dated 25 June 2021

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 Factor that must exist 10 Relationship to service Schedule 1 - Dictionary 1 Definitions

1 Name This is the Statement of Principles concerning familial adenomatous polyposis (Balance of Probabilities) (No. 78 of 2021). 2 Commencement This instrument commences on 26 July 2021. 3 Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 4 Repeal The Statement of Principles concerning familial adenomatous polyposis No. 40 of 2013 (Federal Register of Legislation No. F2013L01127) made under subsection 196B(3) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004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 familial adenomatous polyposis and death from familial adenomatous polyposis. Meaning of familial adenomatous polyposis (2) For the purposes of this Statement of Principles, familial adenomatous polyposis means an inherited autosomal dominant syndrome caused by germ-line mutation of the adenomatous polyposis coli gene, characterised by the formation of more than 100 colorectal adenomas. Death from familial adenomatous polyposis (3) For the purposes of this Statement of Principles, familial adenomatous polyposis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's familial adenomatous polyposis. 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 familial adenomatous polyposis and death from familial adenomatous polyposis 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 Factor that must exist The factor that must exist before it can be said that, on the balance of probabilities, familial adenomatous polyposis or death from familial adenomatous polyposis is connected with the circumstances of a person's relevant service is inability to obtain appropriate clinical management for familial adenomatous polyposis. 10 Relationship to service The existence in a person of the factor referred to in section 9, applies only to material contribution to, or aggravation of, familial adenomatous polyposis where the person's familial adenomatous polyposis was suffered or contracted before or during (but did not arise out of) the person's relevant service.