Federal Register of Legislation
Statement of Principles concerning MATURE B-CELL LYMPHOID LEUKAEMIA AND SMALL LYMPHOCYTIC LYMPHOMA (Reasonable Hypothesis) (No. 78 of 2022) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986.
Dated 23 August 2022.
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 mature B-cell lymphoid leukaemia and small lymphocytic lymphoma (Reasonable Hypothesis) (No. 78 of 2022). 2 Commencement This instrument commences on 19 September 2022. 3 Authority This instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986. 4 Repeal The Statement of Principles concerning chronic lymphocytic leukaemia and small lymphocytic lymphoma No. 84 of 2014 (Federal Register of Legislation No. F2014L01146) made under subsections 196B(2) and (8) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act 2004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 mature B-cell lymphoid leukaemia and small lymphocytic lymphoma and death from mature B-cell lymphoid leukaemia and small lymphocytic lymphoma. Meaning of mature B-cell lymphoid leukaemia and small lymphocytic lymphoma (2) For the purposes of this Statement of Principles, mature B-cell lymphoid leukaemia and small lymphocytic lymphoma: (a) means a malignant neoplasm characterised by the clonal proliferation of small morphologically mature, non-functioning lymphoid cells of B-cell origin, which can present clinically as either a leukaemia or a lymphoma; and (b) includes: (i) B-cell prolymphocytic leukaemia; (ii) chronic lymphocytic leukaemia/small lymphocytic lymphoma; and (iii) hairy cell leukaemia; and (c) excludes non-Hodgkin lymphoma other than small lymphocytic lymphoma. Note: Small lymphocytic lymphoma and chronic lymphocytic leukaemia are tumours of the same lymphoid cell type, and are considered to be a single disease entity with two clinical presentations. Death from mature B-cell lymphoid leukaemia and small lymphocytic lymphoma (3) For the purposes of this Statement of Principles, mature B-cell lymphoid leukaemia and small lymphocytic lymphoma, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's mature B-cell lymphoid leukaemia and small lymphocytic lymphoma. 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 mature B-cell lymphoid leukaemia and small lymphocytic lymphoma and death from mature B-cell lymphoid leukaemia and small lymphocytic lymphoma 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 mature B-cell lymphoid leukaemia and small lymphocytic lymphoma or death from mature B-cell lymphoid leukaemia and small lymphocytic lymphoma with the circumstances of a person's relevant service: (1) being exposed to benzene as specified: (a) for a cumulative total of at least 2,500 hours within a continuous period of 5 years before the clinical onset of mature B-cell lymphoid leukaemia or small lymphocytic lymphoma; and (b) where the first exposure in that period occurred at least 5 years before the clinical onset of mature B-cell lymphoid leukaemia or small lymphocytic lymphoma;
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