Statement of Principles concerning contact dermatitis No. 66 of 1997

Administered by Department of Veterans' Affairs

Legislation au F2005B02634 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

CONTACT DERMATITIS

Instrument No. 66 of 1997 as amended

made under section 196B(3) 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. 24 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(3) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.76 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. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that contact dermatitis and death from contact dermatitis can be related to relevant service rendered by veterans 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 exist before it can be said that, on the balance of probabilities, contact dermatitis or death from contact dermatitis is connected 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 that is 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) or 70(5)(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) eligible war service (other than operational service); or

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

 

 

Application

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

 


Notes to Statement of Principles concerning contact dermatitis (Instrument No. 66 of 1997)

The Statement of Principles concerning contact dermatitis (Instrument No. 66 of 1997) in force under section 196B(3) 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. 66 of 1997)

17 September 1997

(see Gazette 1997, No. GN37)

17 September 1997

 

Amendment of Statement of Principles concerning contact dermatitis (Instrument No. 24 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.24 of 2004

 

Overview

The Statement of Principles concerning Contact Dermatitis (Instrument No. 66 of 1997) was enacted under section 196B(3) of the Veterans’ Entitlements Act 1986 by the Repatriation Medical Authority to address the issue of contact dermatitis and death from contact dermatitis in veterans. This legislative instrument aims to establish the medical-scientific evidence that supports the relationship between contact dermatitis and the service rendered by veterans. The Repatriation Medical Authority, based on available evidence, has determined that it is more probable than not that contact dermatitis and death from contact dermatitis can be related to relevant service rendered by veterans or members of the Forces. This Statement of Principles identifies the factors that must be related to service, including direct cutaneous exposure to an irritant or allergen, inability to obtain appropriate clinical management, and the material contribution or aggravation of contact dermatitis. The policy objective is to ensure that veterans who have suffered from contact dermatitis due to their service are recognised and appropriately compensated. The Statement of Principles concerning Contact Dermatitis (Instrument No. 66 of 1997) was subject to an amendment in 2004 (Instrument No. 24 of 2004) to refine certain definitions and clarify the scope of the legislation. The amended instrument has been in force since 2 June 2004. This legislative instrument applies to all matters to which section 120B of the Veterans’ Entitlements Act 1986 applies, ensuring that the determinations made under this instrument are applicable to relevant cases. The Repatriation Medical Authority continues to review and update these principles to reflect the latest medical-scientific evidence and ensure that the needs of affected veterans are met.

Scope and Application

This Statement of Principles, concerning contact dermatitis and death from contact dermatitis, applies to all matters to which section 120B of the Veterans’ Entitlements Act 1986 applies. It is specifically targeted at veterans and members of the Australian Defence Force, focusing on those who have suffered from contact dermatitis or death from contact dermatitis, provided that the condition is linked to their relevant service. The relevant service includes eligible war service and defence service, excluding operational and hazardous service respectively. The Statement of Principles sets out the conditions under which contact dermatitis and death from contact dermatitis can be deemed related to the service rendered by the veteran or Defence member, focusing on factors such as direct cutaneous exposure to an irritant or allergen within specific timeframes before the onset or worsening of the condition, and the inability to obtain appropriate clinical management for the condition. This Statement of Principles provides a medical-scientific basis for determining the connection between the service and the condition, and it excludes certain types of dermatitis such as photocontact dermatitis, urticaria, or dermatitis due to exposure to extremes of weather or solar radiation. This legislative instrument is subject to amendment through subordinate instruments as evidenced by the Amendment of Statement of Principles concerning CONTACT DERMATITIS (Instrument No. 24 of 2004), which was gazetted on 2 June 2004 and came into effect on the same date. These amendments can alter the definitions and conditions outlined in the primary Statement of Principles, ensuring that the legislation remains current and reflective of the latest medical-scientific evidence.

Key Provisions

The main operative sections of the Statement of Principles concerning Contact Dermatitis, as made under section 196B(3) of the Veterans' Entitlements Act 1986, involve the revocation of Instrument No. 76 of 1995 and the determination of new principles concerning contact dermatitis and death from contact dermatitis. Specifically, section 1 revokes the previous instrument and section 2 defines the scope of the new principles, clarifying that "contact dermatitis" means inflammation of the skin due to contact with a substance, with specified ICD codes. The basis for determining these factors is provided in section 3, which asserts that it is more probable than not that contact dermatitis and death from contact dermatitis can be related to relevant service rendered by veterans or members of the Forces. The factors that must be related to service are outlined in section 4, and the specific factors that must exist before it can be said that contact dermatitis or death from contact dermatitis is connected with service are detailed in section 5. The obligations and requirements imposed by the Act on the parties it governs include the necessity for at least one of the specified factors to be related to the relevant service of the individual for a claim to be considered. This includes direct cutaneous exposure to an irritant or allergen within specific timeframes before the onset or worsening of contact dermatitis, or the inability to obtain appropriate clinical management. These factors must be substantiated by sound medical-scientific evidence and must be in line with the ICD coding system. The obligations extend to ensuring that claims are based on these precise criteria and supported by relevant evidence. The Statement of Principles also outlines potential consequences for breaches of its provisions. Although the specific offences, penalties, or civil/criminal consequences are not detailed within the text provided, it is reasonable to infer that breaches of the criteria for claims concerning contact dermatitis could lead to denial of entitlements under the Veterans' Entitlements Act 1986. Misrepresentation or failure to provide adequate evidence to substantiate claims could result in administrative penalties, including the potential for legal action to enforce compliance or recover improperly awarded benefits. Additionally, the seriousness of any breaches might be evaluated based on the impact on the individual’s entitlements and the integrity of the legislative framework designed to support veterans' health claims.

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