Statement of Principles concerning malignant neoplasm of the salivary gland (Balance of Probabilities) (No. 103 of 2023) (Cth)

Statement of Principles concerning MALIGNANT NEOPLASM OF THE SALIVARY GLAND (Balance of Probabilities) (No. 103 of 2023) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.

Dated 25 October 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 malignant neoplasm of the salivary gland (Balance of Probabilities) (No. 103 of 2023). 2 Commencement This instrument commences on 28 November 2023. 3 Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 4 Repeal The Statement of Principles concerning malignant neoplasm of the salivary gland No. 58 of 2015 (Federal Register of Legislation No. F2015L00261) made under subsections 196B(3) and (8) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004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 malignant neoplasm of the salivary gland and death from malignant neoplasm of the salivary gland. Meaning of malignant neoplasm of the salivary gland (2) For the purposes of this Statement of Principles, malignant neoplasm of the salivary gland: (a) means a primary malignant neoplasm arising from the epithelial cells of the major salivary glands (parotid, submandibular and sublingual glands), minor salivary glands or salivary gland ducts; and (b) excludes: (i) carcinoid tumour; (ii) haematolymphoid tumours including non-Hodgkin lymphoma and Hodgkin lymphoma; and (iii) soft tissue sarcoma. Death from malignant neoplasm of the salivary gland (3) For the purposes of this Statement of Principles, malignant neoplasm of the salivary gland, 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 salivary gland. 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 malignant neoplasm of the salivary gland and death from malignant neoplasm of the salivary gland 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, malignant neoplasm of the salivary gland or death from malignant neoplasm of the salivary gland is connected with the circumstances of a person's relevant service: (1) having received a cumulative equivalent dose of at least 0.5 sievert of ionising radiation to the salivary gland at least 10 years before the clinical onset of malignant neoplasm of the salivary gland; Note: cumulative equivalent dose is defined in the Schedule 1 – Dictionary. (2) for individuals aged 20 years or less, having received a cumulative equivalent dose of at least 0.5 sievert of ionising radiation to the salivary gland at least 5 years before the clinical onset of malignant neoplasm of the salivary gland; Note: cumulative equivalent dose is defined in the Schedule 1 – Dictionary. (3) undergoing ablative treatment with radioactive iodine for thyroid cancer before the clinical onset of malignant neoplasm of the salivary gland, where the first exposure occurred at least 10 years before the clinical onset of malignant neoplasm of the salivary gland; (4) having infection with human immunodeficiency virus before the clinical onset of malignant neoplasm of the salivary gland; (5) inability to obtain appropriate clinical management for malignant neoplasm of the salivary gland before the clinical worsening of malignant neoplasm of the salivary gland. 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(5) applies only to material contribution to, or aggravation of, malignant neoplasm of the salivary gland where the person's malignant neoplasm of the salivary gland 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.