REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 111 of 2011
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA), revokes Instrument No. 66 of 1997, as amended by Instrument No. 24 of 2004, determined under subsection 196B(3) of the VEA concerning contact dermatitis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that irritant contact dermatitis and death from irritant contact dermatitis can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(3) of the VEA a Statement of Principles, Instrument No. 111 of 2011 concerning irritant contact dermatitis. This Instrument will in effect replace the revoked Statements of Principles.
3. The provisions of the Military Rehabilitation and Compensation Act 2004 (the MRCA) relating to claims for compensation commenced on 1 July 2004. Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.
4. The Statement of Principles sets out the factors that must exist, and which of those factors must be related to the following kinds of service rendered by a person:
eligible war service (other than operational service) under the VEA;
defence service (other than hazardous service) under the VEA;
peacetime service under the MRCA,
before it can be said that, on the balance of probabilities, irritant contact dermatitis or death from irritant contact dermatitis is connected with the circumstances of that service.
5. This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 25 June 2008 concerning contact dermatitis in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.
6. The investigation notified by the Authority in the Government Notices Gazette of 25 June 2008 concerning contact dermatitis has resulted in the revocation of statements of principles concerning contact dermatitis and determination of statements of principles concerning irritant contact dermatitis and allergic contact dermatitis.
7. The contents of this Instrument are in similar terms as the revoked Instruments. Comparing this Instrument and the revoked Instruments, the differences include:
- adopting the latest revised Instrument format, which commenced in 2005;
- deleting the ICD code from the Instrument header;
- changing the name of the Instrument to reflect only the irritant form of contact dermatitis. This instrument is renamed 'irritant contact dermatitis';
- new definition of 'irritant contact dermatitis' in clause 3;
- revising factors 6(a) & 6(b) concerning 'direct cutaneous exposure of the affected area to an irritant';
- new definitions of 'death from irritant contact dermatitis', 'ICD-10-AM code' and 'terminal event' in clause 9;
- revising definition of 'relevant service' in clause 9;
- specifying a date of effect for the Instrument in clause 11.
8. Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.
9. Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to contact dermatitis in the Government Notices Gazette of 25 June 2008, and circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants. The Authority invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field. No submissions were received for consideration by the Authority during the investigation.
10. The determining of this Instrument finalises the investigation in relation to contact dermatitis as advertised in the Government Notices Gazette of 25 June 2008.
11. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Repatriation Medical Authority Instrument No. 111 of 2011 was enacted in 2011 under the Veterans’ Entitlements Act 1986 to address the issue of irritant contact dermatitis in veterans, particularly in relation to their service. This Instrument replaces previous statements of principles concerning contact dermatitis and aims to provide a clearer understanding of the conditions under which irritant contact dermatitis can be related to military service. The policy objective is to ensure that veterans who have contracted irritant contact dermatitis as a result of their service are appropriately compensated. The Instrument was developed following an investigation into the matter and involves the examination of sound medical-scientific evidence, which led to the revocation of previous statements of principles and the establishment of new criteria for determining eligibility for compensation under both the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.
Scope and Application
The Repatriation Medical Authority Instrument No. 111 of 2011, concerning irritant contact dermatitis, applies to the assessment and determination of veterans' entitlements and military rehabilitation and compensation claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This Instrument specifies the factors that must exist, and which factors must be related to eligible war service, defence service, or peacetime service, for it to be said that, on the balance of probabilities, irritant contact dermatitis or death from irritant contact dermatitis is connected with the circumstances of that service. This legislative instrument replaces the previously revoked Statements of Principles concerning contact dermatitis and is applicable nationally as it is determined by the Commonwealth authority, the Repatriation Medical Authority. The application of the Instrument is not restricted by thresholds or exemptions, although it does require sound medical-scientific evidence to substantiate claims. Any further specifications or modifications to the application of this Instrument can be made through subordinate instruments issued by the Authority under the authority granted by the VEA.
Key Provisions
The Repatriation Medical Authority (the Authority) has determined a new Instrument No. 111 of 2011 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) concerning irritant contact dermatitis, revoking the previous Instrument No. 66 of 1997, as amended by Instrument No. 24 of 2004. This new Statement of Principles outlines the criteria necessary to establish a connection between irritant contact dermatitis, death from irritant contact dermatitis, and particular types of service. This includes eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service, as defined under the VEA and MRCA respectively. The determination is based on the sound medical-scientific evidence available to the Authority.
The new Instrument imposes specific obligations on the parties involved. Claimants seeking compensation must demonstrate that their irritant contact dermatitis or death from such a condition is related to their service as per the new criteria. The Authority, on its part, must apply the Statement of Principles to determine the validity of claims under the VEA and MRCA, particularly those related to service injuries, diseases, or deaths occurring on or after 1 July 2004. The Authority must also ensure that the latest medical-scientific evidence is considered in its determinations, and it must communicate any changes or updates to relevant stakeholders.
Failure to comply with the provisions of the new Instrument can result in civil and criminal consequences. While specific offences and penalties are not detailed in the explanatory notes, breaches of the VEA and MRCA can lead to legal actions where compensation claims are denied or contested. The penalties can include fines or other civil remedies, depending on the nature and severity of the breach. It is essential for claimants and the Authority to adhere to the criteria and procedures outlined in the Instrument to avoid such consequences.
The Authority’s determination of this Instrument follows a formal investigation into contact dermatitis, notified in the Government Notices Gazette of 25 June 2008. The Authority invited submissions from various organisations and experts but did not receive any submissions for consideration during the investigation. This process culminated in the finalisation of the investigation and the issuance of the new Statement of Principles. The Authority also provided a list of references related to the condition for any interested parties or organisations to request in writing.
The new Instrument is designed to streamline and clarify the process for determining claims related to irritant contact dermatitis. It adopts a revised format, removes certain codes and names from previous instruments, and specifies new definitions and factors. These changes aim to ensure that the criteria for determining the connection between service and irritant contact dermatitis are clear and based on the most recent medical-scientific evidence. The Authority’s role in applying these criteria to claims under the VEA and MRCA remains central to the process.