Document ID: chunk:federal_register_of_legislation:F2022C00919:front:0:p2
Version: federal_register_of_legislation:F2022C00919
Segment Type: other
Provision Reference: 
Character Range: 2940–6025

concerning malignant neoplasm of the kidney (Balance of Probabilities) (No. 42 of 2021).
     3               Authority
This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.
     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 neoplasm of the kidney and death from malignant neoplasm of the kidney.
Meaning of malignant neoplasm of the kidney
(2)          For the purposes of this Statement of Principles, malignant neoplasm of the kidney:
(a)          means a primary malignant neoplasm arising from the renal tubular epithelium; and
(b)          includes renal medullary carcinoma; and
(c)          excludes:
(i)            carcinoid tumour;
(ii)         Hodgkin's lymphoma;
(iii)       malignant neoplasm of the renal pelvis;
(iv)        non-Hodgkin lymphoma; and
(v)          soft tissue sarcoma.
Note: Malignant neoplasm of the kidney is also known as adenocarcinoma of the kidney, renal cell carcinoma, renal adenocarcinoma and hypernephroma.
(3)          While malignant neoplasm of the kidney attracts ICD‑10‑AM code C64, in applying this Statement of Principles the meaning of malignant neoplasm of the kidney 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 neoplasm of the kidney
(5)          For the purposes of this Statement of Principles, malignant neoplasm of the kidney, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's malignant neoplasm of the kidney.
            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 neoplasm of the kidney and death from malignant neoplasm of the kidney 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 neoplasm of the kidney or death from malignant