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2002/2003 ANNUAL REPORT
9. Appeals to the Specialist Medical Review Council
Under the legislation the Repatriation Commission, an ex-service person or an eligible dependant, or an organisation
representing veterans, may ask the Specialist Medical Review Council (SMRC) to review:
- a Statement of Principles; or
- a decision of the Repatriation Medical Authority not to determine a Statement of Principles in respect of a
particular kind of injury, disease or death; or
- a decision by the Repatriation Medical Authority under subsection 196C(4) of the Act not to carry out an investigation
in respect of a particular kind of injury, disease or death.
In the period 1 July 2002 to 30 June 2003, the RMA received the following advice in relation to SMRC matters:
In December 2002, the SMRC advised the RMA that a request for review had been received in relation to Statement
of Principles Instrument No.67 of 2002 concerning osteoporosis. Notification of this review is expected to appear
in the gazette of 2 July 2003.
As previously reported, in the gazette of 17 October 2001, the SMRC notified a review in relation to Statements
of Principles Instrument No.72 of 1999 concerning myeloma. In the gazette of 19 February 2003, the SMRC notified
its decision in relation to this review:
"In relation to the Repatriation Medical Authority (RMA) Statement of Principles No. 72 of 1999 in respect
of myeloma and death from myeloma, made under subsection 196B(2) of the Veterans' Entitlements Act 1986
(the Act), the Specialist Medical Review Council (the Council) declares, under subsection 196W(5) of the Act, that
it is of the view that the sound medical-scientific evidence available to the RMA at the time it determined, amended,
or last amended that Statement of Principles was insufficient to justify:
(a) an amendment of the Statement of Principles to include as a factor or factors:
(i) parasitic diseases, including malaria;
(ii) antigenic stimulation; or
(iii) parasitic disease, including malaria, precipitating antigenic stimulation; and
(b) any other amendment of the Statement of Principles. "
As previously reported, in the gazette of 17 October 2001, the SMRC notified a review in relation to Statements
of Principles Instrument No.153 of 1996 as amended by No. 7 of 1998 concerning malignant neoplasm of the small
intestine. In the gazette of 28 February 2003, the SMRC notified its decision in relation to this review:
" 1. In relation to the Repatriation Medical Authority (RMA) Statement of Principles No. 153 of 1996 as
amended by Instrument No. 7 of 1998, both made under subsection 196B(2) of the Veterans' Entitlements Act 1986
(the VEA) in respect of malignant neoplasm of the small intestine and death from malignant neoplasm of the
small intestine, the Specialist Medical Review Council (the Council) declares, under subsection 196W(5) of the
VEA, that it is of the view that the sound medicalscientific evidence available to the RMA at the time it determined,
amended, or last amended that Statement of Principles was insufficient to justify:
(a)
(i) barium meal x-rays;
(ii) peptic ulceration
(iii) helicobacter pylori infection;
(iv) cimetidine and abdominal irritation from numerous medications; and exposure to nitrosamines; and
(b) any other amendment of the Statement of Principles."
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This page last updated 31 October 2003.
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