Mesothelioma
Meaning of mesothelioma: For the purposes of this Statement of Principles, mesothelioma: (a) means a primary malignant neoplasm of the mesothelial cells that are located in the visceral and parietal mesothelium of the pleura, pericardium, peritoneum and tunica vaginalis testis; and (b) excludes soft tissue sarcoma, carcinoid tumour, non-Hodgkin lymphoma and Hodgkin lymphoma. (3) While mesothelioma attracts ICD-10-AM code C45, in applying this Statement of Principles the meaning of mesothelioma 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.
Reasonable Hypothesis (RH) — Statement of Principles No. 41 of 2024
At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting mesothelioma or death from mesothelioma with the circumstances of a person's relevant service:
- (1)inhaling asbestos fibres: (a) at the time material containing asbestos fibres was being applied, removed, dislodged, cut or drilled; and (b) the first inhalation of asbestos fibres occurred at least 10 years, before clinical onset;
- (2)having asbestosis at the time of clinical onset;
- (3)inhaling talc contaminated with asbestos fibres at a concentration of at least 5 weight percent, at least 20 years before clinical onset;
- (4)inhaling fluoro-edenite fibres at a concentration of at least 1.76 fibres per litre on more days than not for at least 5 years, at least 20 years before clinical onset of pleural or peritoneal mesothelioma;
Note: fluoro-edenite is defined in the Schedule 1 - Dictionary.
- (5)inhaling erionite fibres at a concentration of at least 0.3 fibres/cm3, on more days than not for at least 5 years, at least 20 years before clinical onset;
Note: erionite is defined in the Schedule 1 - Dictionary.
- (6)having received a cumulative equivalent dose of at least 0.1 sievert of ionising radiation to the affected region at least 5 years before clinical onset;
Note: cumulative equivalent dose is defined in the Schedule 1 - Dictionary.
- (7)having received ablative radiotherapy for the treatment of cancer at least 5 years before clinical onset, with the mesothelioma occurring within the original field of radiation;
- (8)firefighting for a cumulative period of at least 1,000 hours before the clinical onset of mesothelioma, where the firefighting commenced at least 10 years before clinical onset;
Note: firefighting is defined in the Schedule 1 - Dictionary.
- (9)having a ventriculo-peritoneal shunt for the treatment of hydrocephalus, at least 20 years before the clinical onset of peritoneal mesothelioma;
- (10)inability to obtain appropriate clinical management for mesothelioma before clinical worsening;
Aggravation-only factors: the factors in subsection 9(10) apply only to material contribution to, or aggravation of, the condition where it was suffered or contracted before or during (but did not arise out of) the person’s relevant service.
Balance of Probabilities (BoP) — Statement of Principles No. 42 of 2024
9 factors
At least one of the following factors must exist before it can be said that, on the balance of probabilities, mesothelioma or death from mesothelioma is connected with the circumstances of a person's relevant service:
- (1)inhaling asbestos fibres in an enclosed space: (a) at the time material containing asbestos fibres was being applied, removed, dislodged, cut or drilled; and (b) the first inhalation of asbestos fibres occurred at least 20 years before clinical onset;
- (2)inhaling asbestos fibres in an open environment for a cumulative period of at least 1,000 hours before the clinical onset of mesothelioma: (a) at the time material containing asbestos fibres was being applied, removed, dislodged, cut or drilled; and (b) the first inhalation of asbestos fibres occurred at least 20 years before clinical onset;
- (3)having asbestosis at the time of clinical onset;
- (4)inhaling fluoro-edenite fibres at a concentration of at least 1.76 fibres per litre on more days than not for at least 10 years, at least 25 years before clinical onset of pleural or peritoneal mesothelioma;
Note: fluoro-edenite is defined in the Schedule 1 - Dictionary.
- (5)inhaling erionite fibres at a concentration of at least 0.3 fibres/cm3, every day for at least 10 years, at least 25 years before clinical onset;
Note: erionite is defined in the Schedule 1 - Dictionary.
- (6)having received a cumulative equivalent dose of at least 0.5 sievert of ionising radiation to the affected region at least 10 years before clinical onset;
Note: cumulative equivalent dose is defined in the Schedule 1 - Dictionary.
- (7)having received ablative radiotherapy for the treatment of cancer at least 10 years before clinical onset, with the mesothelioma occurring within the original field of radiation;
- (8)firefighting for a cumulative period of at least 1,000 hours before the clinical onset of mesothelioma, where the firefighting commenced at least 20 years before clinical onset;
Note: firefighting is defined in the Schedule 1 - Dictionary.
- (9)inability to obtain appropriate clinical management for mesothelioma before clinical worsening;
Aggravation-only factors: the factors in subsection 9(9) apply only to material contribution to, or aggravation of, the condition where it was suffered or contracted before or during (but did not arise out of) the person’s relevant service.
