Instrument No. 24 of 2004
Amendment of Statement of Principles
concerning
CONTACT DERMATITIS
Veterans’ Entitlements Act 1986
- The Repatriation Medical Authority amends, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act), Instrument No. 66 of 1997, by:
- in clause 7, deleting the definition of “allergen” and inserting in its place the following:
“allergen” means an antigenic substance capable of producing an immune response. Low molecular weight chemical substances which act as haptens are the usual cause of allergic contact dermatitis. Examples of 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, as well as the products or the substances of bacteria, fungi and parasites;
2. The amendment made by this instrument applies to all matters to which Instrument No. 66 of 1997, and section 120B of the Act apply.
Dated this 24th day of May 2004
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of )
KEN DONALD
CHAIRMAN
Overview
The Veterans' Entitlements Act 1986, enacted by the Commonwealth Parliament, was established to provide a range of benefits and services to Australian Defence Force veterans and their families, with a focus on addressing the health and welfare needs of veterans. One of the issues identified in the provision of these benefits was the need for a precise understanding of what constitutes an allergen in the context of contact dermatitis, a common condition affecting many veterans. To address this gap, the Repatriation Medical Authority, under subsection 196B(3) of the Act, introduced an amendment to Instrument No. 66 of 1997. This amendment, Instrument No. 24 of 2004, redefines the term "allergen" to include any antigenic substance capable of producing an immune response, specifically mentioning low molecular weight chemical substances that act as haptens as the usual cause of allergic contact dermatitis. The policy objective of this amendment is to ensure that the definition of allergens is comprehensive and reflects the latest scientific understanding, thereby improving the accuracy of diagnosis and treatment of contact dermatitis among veterans.
Scope and Application
The Legislative Instrument No. 24 of 2004 amends the Statement of Principles concerning Contact Dermatitis under the Veterans' Entitlements Act 1986. This amendment is made by the Repatriation Medical Authority to redefine "allergen" in clause 7 of Instrument No. 66 of 1997. The new definition specifies that an allergen is an antigenic substance capable of producing an immune response, with low molecular weight chemical substances acting as haptens being the usual cause of allergic contact dermatitis. The instrument identifies various examples of allergens, including dyes, oils, resins, chemicals, and substances from biological sources. The amendment applies to all matters governed by Instrument No. 66 of 1997 and section 120B of the Act, thereby extending its application to all relevant cases concerning contact dermatitis as a result of service-related exposure.
Key Provisions
The legislative instrument in question (F2005B02647) amends the Statement of Principles concerning contact dermatitis under the Veterans’ Entitlements Act 1986. Specifically, it modifies the definition of "allergen" as per clause 7 of Instrument No. 66 of 1997. The previous definition is deleted and replaced with a more comprehensive one, specifying that an allergen is an antigenic substance capable of producing an immune response (section 1). This redefinition now includes low molecular weight chemical substances that act as haptens, which are typically responsible for allergic contact dermatitis. Examples of allergens provided in the amended definition range from dyes and their intermediates to various chemical substances, natural products like oils and resins from woods and plants, and even products or substances from bacteria, fungi, and parasites (section 1). This expanded definition ensures that a broader range of substances that can cause allergic reactions are covered.
Under the amended Statement of Principles, the obligation falls on the Repatriation Medical Authority to ensure that claims for contact dermatitis are assessed with the updated definition of "allergen" in mind. Medical professionals and authorities must consider the new examples of allergens when determining whether a veteran's condition qualifies for entitlements under the Act. This includes understanding the specific conditions and substances that can lead to allergic contact dermatitis, as outlined in the legislation (section 1). The Authority is also responsible for ensuring that all relevant parties, such as veterans and their representatives, are informed about these changes to facilitate accurate and fair claims processing.
The legislative instrument also outlines the consequences for non-compliance or breach of the provisions set forth in the amended Statement of Principles. While the instrument itself does not detail specific penalties for breaches, the Veterans’ Entitlements Act 1986 provides a framework for addressing such issues. Under the Act, any failure to comply with the requirements for assessing claims or misapplying the definitions could potentially lead to administrative or legal actions. These could include penalties for incorrect determinations or the withholding of rightful entitlements. Given the serious implications for veterans, adherence to the updated definitions and obligations is crucial to avoid any adverse outcomes (section 2).