Statement of Principles concerning chloracne No. 20 of 2000 (Cth)

Case

Instrument No.20 of 2000

Revocation and Determination

of

Statement of Principles

concerning

CHLORACNE

ICD-10-AM CODE: L70.8

Veterans’ Entitlements Act 1986

  1. The Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act):

(a)       revokes Instrument No.70 of 1994 and Instrument No.280 of 1995; and

(b)       determines in their place the following Statement of Principles.

Kind of injury, disease or death

  1. (a)       This Statement of Principles is about chloracne and death from chloracne.

(b)       For the purposes of this Statement of Principles, “chloracne” means a dermatologic condition with cysts, comedones and pustules appearing on the head, neck, chest, back, groin or buttocks associated with exposure to halogenated organochlorine or halogenated organobromine compounds, attracting ICD-10-AM code L70.8.

Basis for determining the factors

  1. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that chloracne and death from chloracne can be related to relevant service rendered by veterans or members of the Forces.

Factors that must be related to service

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

Factors

  1. The factors that must exist before it can be said that, on the balance of probabilities, chloracne or death from chloracne is connected with the circumstances of a person’s relevant service are:

(a)        being exposed to halogenated organochlorine compounds or halogenated organobromine compounds within the 14 days before the clinical onset of chloracne; or

(b)       inability to obtain appropriate clinical management for chloracne.

Factors that apply only to material contribution or aggravation

  1. Paragraph 5(b) applies only to material contribution to, or aggravation of, chloracne where the person’s chloracne was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act refers.

Inclusion of Statements of Principles

  1. In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles.

Other definitions

  1. For the purposes of this Statement of Principles:

death from chloracne” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s chloracne;

“halogenated organochlorine compounds” means polychlorinated biphenyls (PCBs), polychlorinated dibenzodioxins (PCDDs), or polychlorinated dibenzofurans (PCDFs);

“halogenated organobromine compounds” means polybrominated biphenyls (PBBs);

“ICD-10-AM code” means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 3;

“relevant service” means:

(a)       eligible war service (other than operational service); or

(b)       defence service (other than hazardous service);

“terminal event” means the proximate or ultimate cause of death and includes:

a)         pneumonia;

b)         respiratory failure;

c)         cardiac arrest;

d)         circulatory failure; or

e)         cessation of brain function.

Application

  1. This Instrument applies to all matters to which section 120B of the Act applies.

Dated this       Twelfth              day of              July  2000

The Common Seal of the    )

Repatriation Medical Authority                   )

was affixed to this instrument   )

in the presence of:   )

KEN DONALD

CHAIRMAN

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0