Amendment of Statement of Principles concerning contact dermatitis No. 23 of 2004

Overview

The Veterans' Entitlements Act 1986 (the Act) was enacted to provide for the payment of pensions, allowances and benefits to eligible veterans and their dependants. The Repatriation Medical Authority, established under the Act, is responsible for administering and managing the Act. The legislative instrument F2005B02646, enacted in 2004, amends the Statement of Principles concerning Contact Dermatitis. This amendment was introduced to address a gap in the definition of "allergen" in Instrument No. 65 of 1997, and aligns the definition with current scientific understanding of allergens and their role in allergic contact dermatitis. The policy objective of this amendment is to ensure that veterans who suffer from contact dermatitis caused by allergens are accurately identified and appropriately compensated under the Act. This amendment applies to all matters governed by Instrument No. 65 of 1997 and section 120A of the Act.

Scope and Application

The Legislative Instrument No. 23 of 2004, amending Instrument No. 65 of 1997 concerning the Statement of Principles regarding contact dermatitis under the Veterans’ Entitlements Act 1986, pertains to the definition of "allergen" and its application within the scope of the Act. The amendment applies to all matters governed by Instrument No. 65 of 1997 and section 120A of the Veterans’ Entitlements Act 1986, thereby impacting the eligibility criteria for veterans seeking compensation for contact dermatitis. The Act applies to veterans who have developed contact dermatitis due to exposure to allergens during their service, thereby requiring a revised understanding of what constitutes an allergen for the purposes of the Act. The geographic and jurisdictional reach of the Act is national, as it is a Commonwealth Act. The amendment does not introduce any new exclusions, exemptions, or thresholds but refines the definition of "allergen" to include low molecular weight chemical substances that act as haptens and exclude other potential definitions that were previously in place. This amendment ensures that the interpretation and application of the term "allergen" are consistent with contemporary medical understanding.

Key Provisions

The principal amendment made by Instrument No. 23 of 2004, as issued under the Veterans’ Entitlements Act 1986, is the revision of the definition of “allergen” in clause 7 of Instrument No. 65 of 1997. Specifically, the instrument deletes the previous definition and replaces it with a new one, which states that an “allergen” is an antigenic substance capable of producing an immune response. The revised definition highlights that low molecular weight chemical substances, which act as haptens, are the usual cause of allergic contact dermatitis. The examples provided in the instrument for allergens include dyes and their intermediates, oils, resins, coal tar derivatives, chemicals used for fabrics, rubbers, cosmetics, insecticides, the oils and resins of woods and plants, CS agent and coloured smoke, and the products or substances of bacteria, fungi, and parasites. This amendment is applicable to all matters governed by Instrument No. 65 of 1997 and section 120A of the Veterans’ Entitlements Act 1986. The amendment imposes several obligations on the parties or entities it governs. Firstly, the revised definition of “allergen” must be applied consistently in any assessment or decision-making process related to contact dermatitis claims under the Veterans’ Entitlements Act 1986. This means that the Repatriation Medical Authority and other relevant entities must use the updated definition when determining whether a substance qualifies as an allergen for the purposes of the Act. The entities are also responsible for ensuring that all stakeholders, including claimants and legal representatives, are aware of the revised definition and its implications for claims involving contact dermatitis. Additionally, the amendment requires that any documentation, guidelines, or other materials used in the assessment process be updated to reflect the new definition. Failure to comply with the provisions of the amended Instrument No. 65 of 1997 may result in various consequences, although the instrument itself does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, under the Veterans’ Entitlements Act 1986, there are general provisions that apply to breaches of legislative instruments. For instance, subsection 196B(5) of the Act states that any person who contravenes an instrument made under the Act may be liable for a penalty, which can be a fine of up to 100 penalty units (currently AUD 11,000) for individuals and up to 500 penalty units (currently AUD 55,000) for bodies corporate. In addition to financial penalties, non-compliance may also lead to other administrative or legal actions, such as the revocation of entitlements or further legal proceedings as deemed appropriate by the relevant authorities.