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2003/2004 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 VEA not to carry out an investigation
in respect of a particular kind of injury, disease or death.
In the period 1 July 2003 to 30 June 2004, the RMA received the following advice in relation to SMRC matters:
9.1 Hypertension
In December 2003, the SMRC advised the RMA that a request for review had been received in relation to Statements
of Principles Instrument Nos. 35 and 36 of 2003 concerning hypertension. Notification of this review appeared in
the gazette of 17 December 2003. As at 30 June 2004, the Authority has not been advised of the outcome of this
review.
9.2 Chronic lymphoid leukaemia
In the gazette of 24 April 2002, the SMRC notified a review in relation to Statement of Principles Instrument
Nos. 67 and 68 of 2001 concerning chronic lymphoid leukaemia. In the gazette of 1 October 2003, the SMRC notified
its decisions in relation to this review.
In Declaration No. 9, SMRC determined that:
1. In relation to the Repatriation Medical Authority (the RMA) Statement of Principles No. 67 of 2001 in respect
of chronic lymphoid leukaemia and death from chronic lymphoid leukaemia, made under subsection 196B (2) of the
Veterans' Entitlements Act1986 (the VEA), the Specialist Medical Review Council (the Council) declares under subsection
196W (4) of the VEA, that it is of the view that there is sound medical- scientific evidence on which the RMA could
have relied to amend Statement of Principles No. 67 of 2001 by including as a factor exposure to extremely low
frequency electro- magnetic radiation at an exposure level, duration of exposure and period of time from exposure
to onset of disease to be ascertained by the RMA.
2. The Council accordingly directs the RMA to:
(a) amend Statement of Principles No. 67 of 2001 by including as a factor exposure to extremely low frequency
electro-magnetic radiation at an exposure level, duration of exposure and period of time from exposure to onset
of disease to be ascertained by the RMA; and
(b) conduct a new investigation to ascertain if there is new information available about:
(i) how chronic lymphoid leukaemia may be contracted, or death from chronic lymphoid leukaemia occur; and
(ii) the extent to which chronic lymphoid leukaemia or death from chronic lymphoid leukaemia may be war-caused;
and in particular, to find out whether there is sound medical-scientific evidence to justify the inclusion in Statement
of Principles No. 67 of 2001 as a factor or factors exposure to:
(A) radio frequency radiation;
(B) smoking tobacco cigarettes or pipe-smoking or exposure to environmental tobacco smoke; and
(C) benzene.
(c) take into account in that investigation the sound medical-scientific evidence previously considered by the
RMA, the articles identified in Appendices E- H of Council’s Reasons for Decisions (Re: Statements of Principles
Nos. 67 and 68 of 2001 in respect of Chronic Lymphoid Leukaemia) as being of potential relevance (but not before
the RMA at the relevant times) together with any new body of sound medical-scientific evidence disclosed by the
investigation.
In Declaration No. 10, SMRC determined that:
1. In relation to the RMA Statement of Principles No. 68 of 2001 in respect of chronic lymphoid leukaemia and death
from chronic lymphoid leukaemia, made under subsection 196B (3) of the VEA, the Council declares under subsection
196W (5) of the VEA, 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 the Statement of Principles was insufficient to justify an amendment
of Statement of Principles No. 68 of 2001 by including as a factor or factors exposure to:
(a) Radiation;
(i) Extremely low frequency radiation;
(ii) Radio frequency radiation;
(iii) Ionizing radiation; and
(iv) DC Batteries;
(b) Smoking tobacco cigarettes or pipe-smoking or exposure to environmental tobacco smoke;
(c) Asbestos;
(d) Benzene;
(e) Petroleum Additives;
(f) Chromosomal Aberration;
(g) Viral and Bacterial Infection;
(h) Chemicals (particularly cleaning fluids and solvents); and
(i) Acetone
2. The Council is of the view that there is a considerable body of relevant sound medical-scientific evidence
which was not before the RMA at the relevant times. Accordingly, the Council recommends that the RMA carry out
an investigation to find out if there is new information available about:
(a) how chronic lymphoid leukaemia may be contracted, or death from chronic lymphoid leukaemia occur; and
(b) the extent to which chronic lymphoid leukaemia or death from chronic lymphoid leukaemia may be defence-caused;
and in particular, to find out whether there is sound medical-scientific evidence to justify the inclusion in Statement
of Principles No. 68 of 2001 as a factor or factors exposure to:
(i) extremely low frequency electromagnetic radiation;
(ii) radio frequency radiation;
(iii) smoking tobacco cigarettes or pipe-smoking or exposure to environmental tobacco smoke; and
(iv) benzene.
3. Any investigation should take into account the sound medical-scientific evidence previously considered by the
RMA, the articles identified in Appendices E-H of Council’s Reasons for Decisions (Re: Statements of Principles
Nos. 67 and 68 of 2001 in respect to Chronic Lymphoid Leukaemia) as being of potential relevance (but not before
the RMA at the relevant times) together with any new body of sound medical-scientific evidence disclosed by that
investigation.
In response to these declarations, the RMA:
- determined Statement of Principles Instrument No. 59 of 2003, an amendment of Statement of Principles concerning
chronic lymphoid leukaemia, amending Instrument No. 67 of 2001. This Instrument was notified in the gazette of
17 December 2003;
- notified an investigation in the gazette of 17 December 2003 to review the contents of Statement of Principles
Instrument No. 67 of 2001 concerning chronic lymphoid leukaemia, determined under section 196B(2), in terms of
the Council’s Declaration No. 9. The notice of investigation specified that the investigation would be conducted
in conjunction with an investigation advertised on 16 July 2003 to review the contents of Statements of Principles
concerning chronic lymphoid leukaemia; and
- notified an investigation in the gazette of 17 December 2003 to review the contents of Statement of Principles
Instrument No. 68 of 2001 concerning chronic lymphoid leukaemia, determined under section 196B(3), in terms of
the Council’s Declaration No. 10. The notice of investigation specified that the investigation would be conducted
in conjunction with an investigation advertised on 16 July2003 to review the contents of Statements of Principles
concerning chronic lymphoid leukaemia.
9.3 Osteoporosis
As previously reported, the SMRC notified a review in the gazette of 2 July 2003 in relation to Statement of
Principles Instrument No. 67 of 2002 concerning osteoporosis. As at 30 June 2004, the Authority has not been advised
of the outcome of this review.
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This page last updated 20 September 2004.
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