Statement of Principles concerning contact dermatitis No. 65 of 1997

Administered by Department of Veterans' Affairs

Legislation au F2005B02630 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

CONTACT DERMATITIS

Instrument No. 65 of 1997 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 7 July 2006 taking into account Amendment of Statement of Principles concerning CONTACT DERMATITIS (Instrument No. 23 of 2004)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane.

Revocation and Determination

of

Statement of Principles

concerning

 

CONTACT DERMATITIS

 

ICD CODES: 373.32, 692.0 - 692.6, 692.81, 692.83, 692.89692.0 - 692.6, 692.81, 692.83, 692.89

 

 

Veterans’ Entitlements Act 1986

 

 

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

 

(a) revokes Instrument No.75 of 1995; and

 

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

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about contact dermatitiscontact dermatitis and               death from contact dermatitis.

 

(b) For the purposes of this Statement of Principles, contact dermatitismeans inflammation of an area of the skin due to a substance coming in contact with that part of the skin, attracting an ICD code in the range 692.0 to 692.6, or ICD code 373.32, 692.81, 692.83 or 692.89.  This definition excludes photocontact dermatitis, urticaria, dermatitis due to exposure to extremes of weather, or solar radiation (for example, solar skin damage), or other radiation or friction.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that contact dermatitis and death from contact dermatitis can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces.

 

Factors that must be related to service

4. 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

5. The factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting contact dermatitis or death from contact dermatitis with the circumstances of a person’s relevant service are:

 

(a) direct cutaneous exposure of the affected area to an irritant within the 3 days immediately before the clinical onset of contact dermatitis; or

 

(b) for allergic contact dermatitis only, exposure to the allergen responsible for the contact dermatitis, before the clinical onset of contact dermatitis; or

 

(c) direct cutaneous exposure of the affected area to an irritant within the 3 days immediately before the clinical worsening of contact dermatitis; or

 

(d) for allergic contact dermatitis only, direct cutaneous re-exposure to the allergen responsible for the allergic contact dermatitis, within the 5 days immediately before the clinical worsening of contact dermatitis; or

 

(e) inability to obtain appropriate clinical management for contact  dermatitiscontact  dermatitis.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(c) to 5(e) apply only to material contribution to, or aggravation of, contact  dermatitis where the person’s contact  dermatitis was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act refers.

 

Other definitions

7. For the purposes of this Statement of Principles:

 

“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;

 

“allergen responsible for the contact dermatitis” means an allergen which the available clinical or serological evidence implicates as the cause of the contact dermatitis;

 

“allergic contact dermatitis” means immunologically mediated (mainly delayed type IV) contact dermatitis which occurs on an area of skin following exposure of that part of the skin to a particular allergen;

 

“ICD code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1996, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 24447 2;

 

“irritant” means an agent or substance, for example a chemical, which damages the epidermis on contact and causes inflammation of the contacted skin.  It does not include physical agents such as heat, cold, solar radiation or other forms of radiation;

 

“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) hazardous service.

 

Application

8. This Instrument applies to all matters to which section 120A of the Act applies.

 


Notes to Statement of Principles concerning contact dermatitis (Instrument No. 65 of 1997)

The Statement of Principles concerning contact dermatitis (Instrument No. 65 of 1997) in force under section 196B(2) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning contact dermatitis (Instrument No. 65 of 1997)

17 September 1997

(see Gazette 1997, No. GN37)

17 September 1997

 

Amendment of Statement of Principles concerning contact dermatitis (Instrument No. 23 of 2004)

2 June 2004

(see Gazette 2004, No. GN22)

2 June 2004

 


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Clause 7 – ‘allergen’.....

rs. Instrument  No.23 of 2004

 

Overview

The Statement of Principles concerning CONTACT DERMATITIS, Instrument No. 65 of 1997, was enacted under section 196B(2) of the Veterans’ Entitlements Act 1986. This legislative instrument addresses the problem of providing clear guidelines for the determination of contact dermatitis and death from contact dermatitis in veterans, members of Peacekeeping Forces, or members of the Forces. The Repatriation Medical Authority, which is the enacting body, has established these principles to ensure that there is sound medical-scientific evidence linking contact dermatitis and death from contact dermatitis to relevant service. The policy objective is to provide a structured framework for the assessment and recognition of these conditions, ensuring that affected individuals receive appropriate support and entitlements. This legislative instrument was first enacted on 17 September 1997 and has since been amended to refine and update the criteria for determining these conditions.

Scope and Application

The Statement of Principles concerning Contact Dermatitis (Instrument No. 65 of 1997) applies to matters governed by section 120A of the Veterans’ Entitlements Act 1986. It primarily concerns veterans, members of Peacekeeping Forces, or members of the Armed Forces who have developed contact dermatitis or died from it. This legislation defines contact dermatitis as skin inflammation caused by contact with a substance, attracting specific ICD codes, and excludes certain conditions such as photocontact dermatitis or dermatitis due to exposure to extremes of weather or solar radiation. The Statement of Principles outlines specific factors that must be related to relevant service, such as direct cutaneous exposure to an irritant or allergen, to establish a connection between the contact dermatitis and the person's service. These principles are subject to amendment through subordinate instruments, such as the Amendment of Statement of Principles concerning Contact Dermatitis (Instrument No. 23 of 2004). The geographic and jurisdictional reach of this legislation is national, as it pertains to the Commonwealth and applies to all veterans and relevant service members across Australia.

Key Provisions

The Statement of Principles concerning Contact Dermatitis (Instrument No. 65 of 1997), as amended, is a legislative instrument made under section 196B(2) of the Veterans’ Entitlements Act 1986. This instrument outlines the criteria under which contact dermatitis and death from contact dermatitis can be considered related to the service of veterans, members of Peacekeeping Forces, or members of the Forces. The primary sections of this instrument (sections 2 and 5) provide definitions and set forth the factors that must exist to establish a connection between contact dermatitis and relevant service. Section 2 defines "contact dermatitis" as inflammation of the skin caused by a substance coming into contact with the skin, attracting specific ICD codes (ranging from 692.0 to 692.6, or ICD codes 373.32, 692.81, 692.83, or 692.89). It specifically excludes certain conditions such as photocontact dermatitis, urticaria, and dermatitis due to exposure to extremes of weather or solar radiation. Section 5 then lists the factors that must be present for a reasonable hypothesis to be raised that contact dermatitis or death from contact dermatitis is related to service. These factors include direct cutaneous exposure to an irritant or allergen within specific time frames before the onset or worsening of the condition, or the inability to obtain appropriate clinical management for contact dermatitis. The obligations imposed by this Act on the parties it governs include providing evidence that the contact dermatitis or death from contact dermatitis meets the criteria outlined in the Statement of Principles. Claimants must demonstrate that at least one of the specified factors was related to their relevant service. This involves providing medical and service records that establish the connection between the condition and service. In terms of consequences for breach or non-compliance, the Statement of Principles itself does not detail specific offences, penalties, or consequences for breach. However, the Veterans’ Entitlements Act 1986, under which this instrument is made, provides a framework for dealing with fraudulent or misleading claims. Under this Act, making a false statement or providing false documents in support of a claim can lead to criminal charges, including fines and imprisonment. The severity of penalties would depend on the specific circumstances and the jurisdiction in which the offence is prosecuted. The Repatriation Medical Authority retains the authority to investigate claims and take appropriate action against those found to have provided false information.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.