Statement of Principles concerning hereditary spherocytosis (Balance of Probabilities) (No. 42 of 2023) (Cth)

Statement of Principles concerning HEREDITARY SPHEROCYTOSIS (Balance of Probabilities) (No. 42 of 2023) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.

Dated 24 April 2023.

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 hereditary spherocytosis (Balance of Probabilities) (No. 42 of 2023). 2 Commencement This instrument commences on 23 May 2023. 3 Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 4 Repeal The Statement of Principles concerning hereditary spherocytosis No. 68 of 2015 (Federal Register of Legislation No. F2015L00650) made under subsection 196B(3) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004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 hereditary spherocytosis and death from hereditary spherocytosis. Meaning of hereditary spherocytosis (2) For the purposes of this Statement of Principles, hereditary spherocytosis means a group of genetic disorders of red blood cells, involving the production of spherical red blood cells which are susceptible to haemolysis. Note: Clinical manifestations include haemolytic anaemia, jaundice and splenomegaly. (3) While hereditary spherocytosis attracts ICD‑10‑AM code D58.0, in applying this Statement of Principles the meaning of hereditary spherocytosis 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 hereditary spherocytosis (5) For the purposes of this Statement of Principles, hereditary spherocytosis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's hereditary spherocytosis. 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 hereditary spherocytosis and death from hereditary spherocytosis 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, hereditary spherocytosis or death from hereditary spherocytosis is connected with the circumstances of a person's relevant service: (1) having an acute viral infection within the 6 weeks before the clinical worsening of hereditary spherocytosis; (2) being pregnant within the 6 weeks before the clinical worsening of hereditary spherocytosis; (3) inability to obtain appropriate clinical management for hereditary spherocytosis. 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 factors set out in subsections 9(1) to 9(3) apply only to material contribution to, or aggravation of, hereditary spherocytosis where the person's hereditary spherocytosis 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.