Statement of Principles concerning psoriasis No. 31 of 2012 (Cth)

Case

Statement of Principles concerning psoriasis No. 31 of 2012

made under subsection 196B(2) of the

Veterans' Entitlements Act 1986

Compilation No. 1               

Compilation date:   24 September 2018

Includes amendments up to:            Veterans' Entitlements (Statements of Principles—Category 1B Stressor) Amendment Determination 2018 (No. 87 of 2018) (F2018L01188)

The day of commencement of this Amendment Determination is 24 September 2018.

About this compilation

This compilation

This is a compilation of the Statement of Principles concerning psoriasis No. 31 of 2012 that shows the text of the law as amended and in force on 24 September 2018.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Statement of Principles

concerning

PSORIASIS

No. 31 of 2012

for the purposes of the

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

Title

  1. This Instrument may be cited as Statement of Principles concerning psoriasis No. 31 of 2012.

Determination

  1. The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):

(a)        revokes Instrument No. 56 of 2002 concerning psoriasis; and

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

Kind of injury, disease or death

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

(b)For the purposes of this Statement of Principles, "psoriasis" means a chronic inflammatory skin disorder characterised by keratinocyte hyperproliferation resulting in erythematous plaques, patches and papules which may be pruritic and are classically covered by a silver scale. Morphological variants include the common plaque type, as well as flexural, erythrodermic, pustular and guttate forms.

(c)Psoriasis attracts ICD-10-AM code L40.0, L40.1, L40.2, L40.4 or L40.8.

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

Basis for determining the factors

  1. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that psoriasis and death from psoriasis 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

  1. 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

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

(a)for a first episode of psoriasis only,

(i)having an acute injury to the skin of the affected site or developing a lesion of the affected site within the one month before the clinical onset of psoriasis; or

(ii)being treated with a drug or a drug from a class of drugs in the specified list for at least the seven days before the clinical onset of psoriasis; or

(iii)withdrawing from systemic glucocorticoids or high potency topical glucocorticoids in the one month before the clinical onset of psoriasis; or

(iv)being treated with a drug which is associated in the individual with:

A.the development of psoriasis during drug therapy; and either

B.the improvement of psoriasis within two months of discontinuing or tapering drug therapy; or

C.the redevelopment of psoriasis on rechallenge with the same drug;

where treatment with the drug continued for at least the seven days before the clinical onset of psoriasis; or

(v)consuming an average of at least 420 grams of alcohol per week for a continuous period of at least the one year before the clinical onset of psoriasis; or

(vi)experiencing a category 1A stressor within the three months before the clinical onset of psoriasis; or

(vii)experiencing a category 1B stressor within the three months before the clinical onset psoriasis; or

(viii)experiencing a category 2 stressor within the one month before the clinical onset of psoriasis; or

(ix)having a laboratory confirmed Streptococcus pyogenes infection of the pharynx, tonsils or skin within the one month before the clinical onset of psoriasis; or

(x)being infected with human immunodeficiency virus before the clinical onset of psoriasis; or

(xi)smoking at least five pack-years of cigarettes, or the equivalent thereof in other tobacco products, before the clinical onset of psoriasis, and where smoking has ceased, the clinical onset of psoriasis has occurred within twenty years of cessation; or

(xii)immersion in an atmosphere with a visible tobacco smoke haze in an enclosed space for at least 10 000 hours before the clinical onset of psoriasis; or

(xiii)being overweight for at least five years before the clinical onset of psoriasis; or

(b)for impetigo herpetiformis only, being pregnant within the six weeks before the clinical onset of psoriasis; or

(c)having an acute injury to the skin of the affected site or developing a lesion of the affected site within the one month before the clinical worsening of psoriasis; or

(d)being treated with a drug or a drug from a class of drugs in the specified list for at least the seven days before the clinical worsening of psoriasis; or

(e)withdrawing from systemic glucocorticoids or high potency topical glucocorticoids in the one month before the clinical worsening of psoriasis; or

(f)being treated with a drug which is associated in the individual with:

(i)the worsening of psoriasis during drug therapy; and either

(ii)the improvement of psoriasis within two months of discontinuing or tapering drug therapy; or

(iii)the worsening of psoriasis on rechallenge with the same drug;

where treatment with the drug continued for at least the seven days before the clinical worsening of psoriasis; or

(g)consuming an average of at least 420 grams of alcohol per week for a continuous period of at least the one year before the clinical worsening of psoriasis; or

(h)experiencing a category 1A stressor within the three months before the clinical worsening of psoriasis; or

(i)experiencing a category 1B stressor within the three months before the clinical worsening psoriasis; or

(j)experiencing a category 2 stressor within the one month before the clinical worsening of psoriasis; or

(k)having a laboratory confirmed Streptococcus pyogenes infection of the pharynx, tonsils or skin within the one month before the clinical worsening of psoriasis; or

(l)being infected with human immunodeficiency virus before the clinical worsening of psoriasis; or

(m)smoking at least five pack-years of cigarettes, or the equivalent thereof in other tobacco products, before the clinical worsening of psoriasis, and where smoking has ceased, the clinical worsening of psoriasis has occurred within twenty years of cessation; or

(n)immersion in an atmosphere with a visible tobacco smoke haze in an enclosed space for at least 10 000 hours before the clinical worsening of psoriasis; or

(o)being overweight for at least five years before the clinical worsening of psoriasis; or

(p)inability to obtain appropriate clinical management for psoriasis.

Factors that apply only to material contribution or aggravation

  1. Paragraphs 6(c) to 6(p) apply only to material contribution to, or aggravation of, psoriasis where the person’s psoriasis was suffered or contracted before or during (but not arising out of) the person’s relevant service.

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 as in force from time to time.

Other definitions

  1. For the purposes of this Statement of Principles:

"a category 1A stressor" means one or more of the following severe traumatic events:

(a)experiencing a life-threatening event;

(b)being subject to a serious physical attack or assault including rape and sexual molestation; or

(c)being threatened with a weapon, being held captive, being kidnapped, or being tortured;

"a category 1B stressor" means one of the following severe traumatic events:

(a)        killing or maiming a person;

(b)        being an eyewitness to a person being killed or critically injured;

(c)        being an eyewitness to atrocities inflicted on another person;

(d)        participating in the clearance of a corpse or a critically injured casualty; or

(e)        viewing a corpse or a critically injured casualty as an eyewitness;

"a category 2 stressor" means one or more of the following negative life events, the effects of which are chronic in nature and cause the person to feel on-going distress, concern or worry:

(a)being socially isolated and unable to maintain friendships or family relationships, due to physical location, language barriers, disability, or medical or psychiatric illness;

(b)experiencing a problem with a long-term relationship including the break-up of a close personal relationship, the need for marital or relationship counselling, marital separation or divorce;

(c)having concerns in the work or school environment including on-going disharmony with fellow work or school colleagues, perceived lack of social support within the work or school environment, perceived lack of control over tasks performed and stressful work loads, or experiencing bullying in the workplace or school environment;

(d)experiencing serious legal issues including being detained or held in custody, on-going involvement with the police concerning violations of the law or court appearances associated with personal legal problems;

(e)having severe financial hardship including loss of employment, long periods of unemployment, foreclosure on a property or bankruptcy;

(f)having a family member or significant other experience a major deterioration in their health; or

(g)being a full-time caregiver to a family member or significant other with a severe physical, mental or developmental disability;

"a corpse" means the human remains or body parts of one or more persons who have met a violent or horrific death; 

Note:     Examples of a violent or horrific death may include death due to suicide, gunshot, improvised explosive devices, natural and technological disasters, terrorist attacks or motor vehicle accidents.  Seeing a closed body bag or viewing a body in an open-casket coffin are excluded from this definition.

"a drug or a drug from a class of drugs in the specified list" means:

(a)angiotensin-converting enzyme inhibitors;

(b)beta-blockers;

(c)interferons;

(d)lithium;

(e)non-steroidal anti-inflammatory drugs;

(f)synthetic antimalarial drugs (e.g., quinacrine, hydroxychloroquine, chloroquine, primaquine, mefloquine);

(g)tetracyclines; or

(h)tumour necrosis factor alpha antagonists;

"alcohol" is measured by the alcohol consumption calculations utilising the Australian Standard of 10 grams of alcohol per standard alcoholic drink;

"an eyewitness" means a person who experiences an incident first hand and can give direct evidence of it.  This excludes persons exposed only to public broadcasting or mass media coverage of the incident;

"being overweight" means an increase in body weight by way of fat accumulation which results in a Body Mass Index (BMI) of 25 or greater.

The BMI = W/H2 and where:

W is the person’s weight in kilograms and

H is the person’s height in metres;

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

"high potency topical glucocorticoids" means:

(a)    betamethasone dipropionate 0.05%;

(b)   betamethasone valerate 0.1%;

(c)    clobetasol proprionate 0.05%;

(d)   diflucortolone valerate 0.1%;

(e)    fluocinolone acetonide 0.025%; or

(f)    another topical glucocorticoid of equivalent potency;

"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), Seventh Edition, effective date of 1 July 2010, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 978 1 74210 154 5;

"impetigo herpetiformis" means a pustular skin condition of pregnancy, characterised by the presence of widespread tiny superficial pustules in a herpetiform pattern on erythematosquamous plaques, and often associated with constitutional symptoms;

"pack-years of cigarettes, or the equivalent thereof in other tobacco products" means a calculation of consumption where one pack-year of cigarettes equals 20 tailor-made cigarettes per day for a period of one calendar year, or 7300 cigarettes.  One tailor-made cigarette approximates one gram of tobacco or one gram of cigar or pipe tobacco by weight.  One pack-year of tailor-made cigarettes equates to 7.3 kilograms of smoking tobacco by weight.  Tobacco products means either cigarettes, pipe tobacco or cigars smoked, alone or in any combination;

"relevant service" means:

(a)operational service under the VEA;

(b)peacekeeping service under the VEA;

(c)hazardous service under the VEA;

(d)British nuclear test defence service under the VEA;

(e)warlike service under the MRCA; or

(f)non-warlike service under the MRCA;

"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 120A of the VEA or section 338 of the MRCA applies.

Date of effect

  1. This Instrument takes effect from 2 May 2012.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

o = order(s)
ad = added or inserted Ord = Ordinance
am = amended orig = original
amdt = amendment par = paragraph(s)/subparagraph(s)
c = clause(s)     /sub‑subparagraph(s)
C[x] = Compilation No. x pres = present
Ch = Chapter(s) prev = previous
def = definition(s) (prev…) = previously
Dict = Dictionary Pt = Part(s)
disallowed = disallowed by Parliament r = regulation(s)/rule(s)
Div = Division(s)
exp = expires/expired or ceases/ceased to have reloc = relocated
    effect renum = renumbered
F = Federal Register of Legislation rep = repealed
gaz = gazette rs = repealed and substituted
LA = Legislation Act 2003 s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003 Sch = Schedule(s)
(md) = misdescribed amendment can be given Sdiv = Subdivision(s)
    effect SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment SR = Statutory Rules
    cannot be given effect Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification SubPt = Subpart(s)
No. = Number(s) underlining = whole or part not
    commenced or to be commenced

Endnote 3—Legislation history

Name Registration Commencement Application, saving and transitional provisions

Statement of Principles concerning psoriasis No. 31 of 2012

26 April 2012

F2012L00938

2 May 2012

Veterans' Entitlements (Statements of Principles—Category 1B Stressor) Amendment Determination 2018 (No. 87 of 2018)

28 August 2018

F2018L01188

24 September 2018

Endnote 4—Amendment history

Provision affected How affected
Clause 9 '"a category 1B stressor"……………' rs. No. 87 of 2018
Clause 9 '"an eyewitness"……………' rs. No. 87 of 2018
Clause 9 '"a corpse"….' ad. No. 87 of 2018
Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0