Statement of Principles concerning malignant neoplasm of the pancreas (Reasonable Hypothesis) (No. 103 of 2021) (Cth)

Statement of Principles concerning MALIGNANT NEOPLASM OF THE PANCREAS (Reasonable Hypothesis) (No. 103 of 2021) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986.

Dated 1 October 2021

The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:

Professor Terence Campbell AM 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 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No. 73 of 2013 (Federal Register of Legislation No. F2013L01891) made under subsections 196B(2) and (8) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act 2004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 (b) excludes soft tissue sarcoma, carcinoid tumour, endocrine tumours, non-Hodgkin lymphoma and Hodgkin's lymphoma. (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.