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2004/2005 ANNUAL REPORT
9. Appeals to the Specialist Medical Review Council
Under the legislation the Repatriation Commission, the Military Rehabilitation
and Compensation Commissionan, an ex-service person or an eligible dependant,
an organisation representing veterans or a person eligible to make a claim
under the MRCA may ask the SMRC to review:
- a Statement of Principles; or
- a decision of the Authority not to determine a Statement of Principles in
respect of a particular kind of injury, disease or death; or
- a decision by the 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 2004 to 30 June 2005, the Authority received
the following advice in relation to SMRC matters:
9.1 Hypertension
In December 2003, the SMRC advised the Authority 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 2005, the Authority
has not been advised of the outcome of this review.
9.2 Osteoporosis
In the gazette of 2 July 2003, the SMRC notified a review in relation
to Statement of Principles Instrument Nos. 67 of 2002 concerning osteoporosis.
In the gazette of 21 July 2004, the SMRC notified its decisions in relation
to this review.
In Declaration No. 11, SMRC determined that:
1.
In
relation to the Repatriation Medical Authority (the RMA) Statement of Principles
No. 67 of 2002 in respect of osteoporosis and death from osteoporosis, made
under subsection 196B (2) of the Veterans' Entitlements Act 1986 (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 2002.
2.
The
Council accordingly directs the RMA to amend Statement of Principles No. 67
of 2002 in accordance with the following directions;
(a)
delete paragraph
5 (p) and replace it with :
having an altered dietary pattern resulting in a decrease in average daily
calcium intake to 400mg/day or less, for a period of 2 years before age 20
years, or for a period of 7 years after that age, or the equivalent combination
thereof, before the clinical onset of osteoporosis; or
(b)
delete paragraph
5 (zf) and replace it with:
having an altered dietary pattern resulting in a decrease in average daily
calcium intake to 400mg/day or less, for a period of 2 years before age 20
years, or for a period of 7 years after that age, or the equivalent combination
thereof, before the clinical worsening of osteoporosis; or
(c)
amend the ‘Other
Definitions’ in paragraph 8 by including:
“or the equivalent combination” in paragraphs 5 (p) and 5 (zf)
means:
a calculation where one year of exposure before age 20 years is equivalent
to 3.5 years of exposure after age 20.
(d)
delete paragraph
2 (b) (i) and replace it with:
bone mineral density is more than 2.5 standard deviations below the mean
bone mineral density of young adult sex-matched controls.
In response to this declaration, the Authority:
- determined Statement of Principles Instrument No. 25 of 2004, an amendment
of Statement of Principles concerning osteoporosis, amending Instrument
No. 67 of 2002. This Instrument was notified in the gazette of 25 August
2004;
- notified an investigation in the gazette of 1 September 2004 to review
the contents of Statement of Principles Instrument No. 67 as amended by
Instrument No. 25 of 2004, concerning osteoporosis and Statement of Principles
Instrument No. 68 of 2002, concerning osteoporosis.
9.3 Haemorrhoids
In January 2005, the SMRC advised the Authority that a request for
review had been received in relation to Statements of Principles Instrument
Nos. 26 and 27 of 2004 concerning haemorrhoids. Notification of this review
appeared in the gazette of 29 June 2005. As at 30 June 2005, the Authority
has not been advised of the outcome of this review.
9.4 Malignant neoplasm of the small intestine
In April 2005, the SMRC advised the Authority that a request for
review had been received in relation to Statements of Principles Instrument
Nos. 40 and 41 of 2004 concerning malignant neoplasm of the small intestine.
Notification of this review appeared in the gazette of 29 June 2005. As at
30 June 2005, the Authority has not been advised of the outcome of this review.
9.5 Neoplasm of the pituitary gland
In April 2005, the SMRC advised the Authority that a request for
review had been received in relation to Statements of Principles Instrument
Nos. 42 and 43 of 2004 concerning neoplasm of the pituitary gland. Notification
of this review appeared in the gazette of 29 June 2005. As at 30 June 2005,
the Authority has not been advised of the outcome of this review.
9.6 Chronic lymphoid leukaemia
In May 2005, the SMRC advised the Authority that a request for review
had been received in relation to Statements of Principles Instrument Nos.
9 and 10 of 2005 concerning chronic lymphoid leukaemia. Notification of this
review appeared in the gazette of 29 June 2005. As at 30 June 2005, the Authority
has not been advised of the outcome of this review.
9.7 Solar keratosis
In June 2005, the SMRC advised the Authority that a request for review
had been received in relation to Statements of Principles Instrument Nos.
7 and 8 of 2005 concerning solar keratosis. Notification of this review appeared
in the gazette of 29 June 2005. As at 30 June 2005, the Authority has
not been advised of the outcome of this review.
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This page last updated 28 September 2005.
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