Document ID: chunk:federal_register_of_legislation:F2020C00213:body:0:p2
Version: federal_register_of_legislation:F2020C00213
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of the lung; and

         (b) determines in its place this Statement of Principles.

Kind of injury, disease or death

         3. (a) This Statement of Principles is about malignant neoplasm of the lung and death from malignant neoplasm of the lung.

         (b)               For the purposes of this Statement of Principles, "malignant neoplasm of the lung" means a primary malignant neoplasm arising from the respiratory epithelium of the trachea, bronchus, bronchioles or alveoli.  This definition excludes soft tissue sarcoma, non-Hodgkin's lymphoma, Hodgkin's lymphoma, carcinoid tumour and mesothelioma.

         (c)                Malignant neoplasm of the lung attracts ICD-10-AM code C33 or C34.

         (d)               In the application of this Statement of Principles, the definition of "malignant neoplasm of the lung" is that given at paragraph 3(b) above.

Basis for determining the factors

    4. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that malignant neoplasm of the lung and death from malignant neoplasm of the lung can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA).

Factors that must be related to service

    5. Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.

Factors

    6. The factor that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting malignant neoplasm of the lung or death from malignant neoplasm of the lung with the circumstances of a person's relevant service is:

         (a)                smoking at least one half of a pack-year of cigarettes, or the equivalent thereof in other tobacco products, before the clinical onset of malignant neoplasm of the lung, where smoking commenced at least five years before the clinical onset of malignant neoplasm of the lung; or

         (b)                being in an atmosphere with a visible tobacco smoke haze in an enclosed space:
            (i)            for at least 5 000 hours before the clinical onset of malignant neoplasm of the lung; and
            (ii)         where the first exposure to that atmosphere commenced at least five years before the clinical onset of malignant neoplasm of the lung; or

         (c)                inhaling respirable asbestos fibres in an enclosed space:
            (i)            at the time material containing respirable asbestos fibres was being applied, removed, dislodged, cut or drilled; and
            (ii)         where the first inhalation of respirable asbestos fibres commenced at least five years before the clinical onset of malignant neoplasm of the lung; or

         (d)                inhaling respirable asbestos fibres in an open environment:
            (i)            for a cumulative period of at least 1 000 hours before the clinical onset of