Statement of Principles concerning malignant melanoma of the skin (Balance of Probabilities) (No. 35 of 2024) (Cth)

Statement of Principles concerning MALIGNANT MELANOMA OF THE SKIN (Balance of Probabilities) (No. 35 of 2024) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.

Dated 26 April 2024.

Professor Terence Campbell AM Chairperson by and on behalf of The Repatriation Medical Authority

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 melanoma of the skin (Balance of Probabilities) (No. 35 of 2024). 2 Commencement This instrument commences on 28 May 2024. 3 Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 4 Repeal The Statement of Principles concerning malignant melanoma of the skin (Balance of Probabilities) (No. 103 of 2015) (Federal Register of Legislation No. F2015L01318) made under subsection 196B(3) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004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 malignant melanoma of the skin and death from malignant melanoma of the skin. Meaning of malignant melanoma of the skin (2) For the purposes of this Statement of Principles, malignant melanoma of the skin: (a) means a primary malignant neoplasm arising from the melanocytes; and (b) includes: (i) melanoma in situ including Hutchinson melanotic freckle/lentigo maligna; (ii) superficial spreading melanoma; (iii) lentigo maligna melanoma; (iv) nodular melanoma; (v) desmoplastic melanoma; (vi) amelanotic melanoma; and (vii) malignant melanoma of the skin of the lip, anogenital region, and acral regions (palms of the hands, soles of the feet, and skin underlying the nails); and (c) excludes: (i) malignant melanoma of the eye; (ii) malignant melanoma of the mucosa; and (iii) melanocytic naevi. (3) While malignant melanoma of the skin attracts ICD‑10‑AM codes C43 and D03, in applying this Statement of Principles the meaning of malignant melanoma of the skin 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 melanoma of the skin (5) For the purposes of this Statement of Principles, malignant melanoma of the skin, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's malignant melanoma of the skin. 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 melanoma of the skin and death from malignant melanoma of the skin 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 melanoma of the skin or death from malignant melanoma of the skin is connected with the circumstances of a person's relevant service: (1) having at least 5 sunburns at the affected site at least 5 years before clinical onset; Note: sunburn is defined in the Schedule 1 - Dictionary. (2) having sunlight exposure to unprotected skin for a cumulative period of at least 4,500 latitude equivalent hours before clinical onset; Note: latitude equivalent hours and unprotected skin are defined in the Schedule 1 - Dictionary. (3) having ultraviolet radiation exposure from an ultraviolet-emitting tanning device on at least 10 occasions before the clinical onset of malignant melanoma of the skin, where the first exposure occurred more than 5 years before clinical onset; (4) having PUVA therapy, where: (a) the first PUVA treatment commenced at least 15 years before clinical onset; and (b) at least 250 PUVA treatments were administered, before clinical onset; Note: PUVA therapy is defined in the Schedule 1 - Dictionary. (5) undergoing solid organ (excluding corneal transplant) or bone marrow transplantation before clinical onset; (6) being treated with methotrexate or azathioprine within the 2 years before clinical onset; (7) having non-Hodgkin lymphoma at least one year before clinical onset; (8) having chronic lymphocytic leukaemia/small cell lymphoma at least one year before clinical onset; Note: Chronic lymphocytic leukaemia/small cell lymphoma is also known as mature B-cell lymphoid leukaemia and small lymphocytic lymphoma. (9) having Parkinson's disease for at least 2 years before clinical onset; (10) inability to obtain appropriate clinical management for malignant melanoma of the skin before clinical worsening. 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(10) applies only to material contribution to, or aggravation of, malignant melanoma of the skin where the person's malignant melanoma of the skin 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.